North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of the Planning and Environment Committee

Committee Date: 17th November 2004

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17'h NOVEMBER 2004

Page No. Application No. Applicant DevelopmentlLocus ecommendation

15 N/03/01845/FUL Taylor Woodrow Residential Development and Grant (P) Developments Ltd Associated Infrastructure Works - Land at Frankfield Loch Cumbernauld Road Stepps

31 N/04/01336/FUL Mr & Mrs E Stewart Extension to a Dwellinghouse Grant 27 Rosemount - Westerwood, Cum bernauld

37 N/04/01337/OUT William Ross Demolition of Existing Building & Grant Construction of Flatted Development - 43-45 Station Road Muirhead

42 N1041013571FUL A M Thomson Siting of a Caravan - Refuse South Barr Farm, South Barrwood Road, Kilsyth

47 N/04/01433/FUL Barratt West Scotland Construction of 130 Grant (P) Dwellinghouses - Area 3 Smithstone. Cum bernauld

53 N/04/01473/AMD Carrick Properties Renewal of Outline Planning Grant Permission (N/00/00590/0UT) for Residential Development - Site South of Kingdom Hall Liddel Road, Seafar, Cumbernauld

59 N/04/0 1487/FU L Mr C McCallum Change of Use of Former Plant Grant Nursery to Plant and Hard Landscape Nursery with a Secondary Caravan Display Area - Auchengree Nursery, Lenzie Road Stepps

66 N/04/01525/FUL 02 (UK) Ltd Installation of 3 Antenna - Grant Carrickstone Water Tower off Portland Road, Carrickstone, Cum bernauld

73 N/04/01564/FUL Mr M Hawthorne Construction of 3 Chalets - Refuse Banton Loch House, Colzium, Kilsyth

81 N/04/01600/FUL Z Ali Construction of 20 Dwellinghouses Grant Land to the Rear of Seafar House Allanfauld Road, Seafar, Cum bernauld

89 N/04/01602/FUL Hutchison 3G (UK) Ltd Installation of 3 Antenna, 3 Grant Transmission Dishes and Equipment Cabinet - Carrickstone Water Tower off Portland Road, Carrickstone, Cum bernauld APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17'h NOVEMBER 2004

Page No. Application No. Applicant DevelopmentlLocus ecommendation

96 N/04/01697/FUL Mr & Mrs J Brady Extension to a Dwellinghouse - Grant 5 Blairdenan Avenue Moodiesburn

101 N/04/01731/FUL Mr Philip & Mrs Gillian Extension to a Dwellinghouse - Grant Rose 38 Hayston Road, Carrickstone, Cum bernauld

105 C/04/0O4 78/OUT Legal And General Erection of 10,128 sq. m Class 1 Grant Assurance Society Foodstore and Associated Limited Alterations to Car Parking and Servicing - Land North & East of Matalan to & including Existing Tesco & Car Park Faraday Retail Park Coatbridge

112 C/04/00664/FUL Commodore Homes Erection of 12 Detached Houses Grant Ltd and Associated Access Road - 41 4 Greengairs Road Greengairs

118 C/04/01197/FUL Shawhead Formation of Office Grant Developments Ltd Accommodation, Car Parking and Alterations to Gatehouse - Land West of 1 Hagmill Crescent, Hagmill Road East Shawhead Industrial Estate Coatbridge

122 C/04/01431/AMD TA Autobreakers Amendment to planning permission Refuse to allow crusher to be used for a total of 6 working days over every 4 week period - Land west of West of Scotland Properties, Cameron Street, Coatbridge

128 C/04/01443/FUL TA Autobreakers Erection of Building for Grant Decontamination of End of Life Vehicles - Land west of West of Scotland Properties, Cameron Street, Coatbridge

135 C/04/01519/OUT Mr A Reid Erection of Dwellinghouse (In Grant Outline) - Land West of Playground Main Street, Longriggend

139 C/04/01559/FUL The Link Group Erection of 19 Dwellinghouses and Grant 104 Sq. m. Dental Surgery at Vacant Land North &West of Junction of Scarhill Street & Kirkshaws Road Coatbridge

144 C/04/01592/FUL Hutchison 3G UK Relocation of Antennae - Grant Limited 86 Graham Street Airdrie Lanarkshire

147 C/04/01623/FUL Mr and Mrs Neil Rear conservatory to dwellinghouse Grant 4 Roselea, Caldercruix APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17'h NOVEMBER 2004

Page No. Application No. Applicant Development/Locus ecommendation

152 C1041016491FUL Glenmac Sport Erection of Dwellinghouse including Grant (P) Fisheries Ltd formation of vehicular access to Fishery - Madgiscroft Quarry, Garngibboch Road Cumbernauld

159 C/04/01666/FUL Strathclyde Homes Ltd Erection of 62 Dwellinghouses - Grant Land South of Main Street, Salsburgh

169 C/04/01679/FUL Mrs Wall ace Erection of rear access stairs Grant (retrospective) - 25 Lavelle Drive Coatbridge

173 C/04/01699/FUL Mario Rea Erection of 9 dwellinghouses at Grant Crowwood Crescent, Calderbank

178 C/04/01769/FUL Mr K Watt Erection of Extension to rear of Grant dwellinghouse at 18 Alexander Street, Coatbridge

182 C/04/01836/AMD Mr J Rea Single and double storey rear Grant extension, single storey lounge extension, formation of bay window and conversion of garage to habitable room (amendment to C/03/01657/FUL) - 18 Heathery Lea Avenue, Carnbroe, Coatbridge

187 S/02/01359/OUT Anthony Young Erection of Dwellinghouse Grant (In Outline) - 204 Main Street Holytown Motherwell

194 SI 04/0022O/FUL Mr C Hardie Formation of Access and Two House Refuse Plots - Land North of 76A Benhar Road Shotts

200 S/04/00270/0 UT Oscarpark Residential Development (In Outline) Refuse (P) Developments Ltd. Land North of Branchal Road, Wishaw

209 S/04/00746/FUL Graeme Stewart Use of Land for Saturday Car Boot Refuse Sale - The Burnside Hirst Road Harthill Shotts

21 7 S/04/00760/FU L M & D Leisure Ltd. Erection of Steel Portal Framed Grant (P) Glazed Shed to Create "Rainforest" Visitor Attraction - Scotland's Theme Park Strathclyde Park Hamilton Road Motherwell

224 SI 04/00977/REM Mr & Mrs S Forster Erection of Dwellinghouse - Grant Land South of 173 Mill Road Allanton, Shotts APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17'h NOVEMBER 2004

Page No. Application No. Applicant DevelopmentlLocus ecommendation

231 S/04/011151FUL Scottish Water Proposed Installation of Final Grant Castlehouse Settlement Tank (FST) Motor Control Centre (MCC), RAS Pumping Station, Altered Internal Access Road and Associated Ancillary Development for Sewage Treatment Sewage Treatment Works Rosehall Road Shotts

234 S1041012301FUL Vodafone (UK) Ltd Erection of 12 Metre High Mobile Refuse Phone Monopole to Accommodate Three Antennas and Associated Ground Based Equipment - Land at Hamilton Road Motherwell

239 S1041012631FUL Mrs Joanne McLachlan Erection of Shop (Temporary Refuse Building) - 41 West Main Street Harthill Shotts

244 S1041013951FUL Crown Castle (UK) Ltd Installation of 20 Metre Refuse Telecommunications Mast & Associated Equipment - Telephone Exchange Gray Street Cleland Motherwell

256 S/ 041014701FUL Vodaphone Ltd Erection of 15m Grant Telecommunications Streetworks Monopole, Cabinets & Ancillary Development - Site at Bothwellhaugh Road Bellshill

259 S1041015541FUL Garry O'Rouke Erection of Rear Conservatory - Grant 31 Catherine Street Motherwell

264 S/04/01561/FUL John Harding Alterations to Bring About Change of Refuse Use of Domestic Garage to Form Motorcycle Repair Garage (In Retrospect) - 455 Stewarton Street Wishaw

269 S1041015931FUL Moira & Peter Gillespie Erection of Raised Timber Decking Refuse to the Rear of Dwellinghouse (in retrospect) - (Plot No. 165), 9 Snead View Motherwell

275 S10410161 61FUL Kirkmanse Ltd Construction of Workshop Building Grant with Ancillary Office Accommodation for Vehicle MOT, Servicing and Hire- Land at Corner of Howden Avenue Newhouse Industrial Estate Newhouse

283 S/04/0163 1IF UL Crown Castle (UK) Ltd Erection of 20 metre High Grant Telecommunications Tower with Associated Equipment - Mast at Stable Road Shotts APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17'h NOVEMBER 2004

Page No. Application No. Applicant DevelopmentlLocus ecommendation

SO41016521FUL Mitchells & Butlers Conversion of Existing Play Barn Grant Retails Ltd Attached to Public House and Erection of New Extension to Form Twenty-Eight Bedroom Ancillary Hotel - Strathclyde Park Inn Strathclyde Park Hamilton Road Motherwell

S/04/01744/FUL Mr & Mrs R Crone Erection of Two Storey Side Grant Extension to Dwellinghouse - 26 Aultmore Drive Motherwell

S/04/01762/FUL Elizabeth Meenagh Erection of a Two-Storey Semi- Grant Detached Dwellinghouse - 58 Neilsland Drive Motherwell MLI 3EB

N/03/01845/FUL If granted, refer to the Scottish Ministers (Contrary to Policy) N/04/01433/FUL If granted, refer to the Scottish Ministers (Contrary to Policy) Ci04i01649iFUL If granted, Section 75 required S/04/00270/OUT If granted, refer to the Scottish Ministers (Contrary to Policy) S/04/0076O/FUL If granted, refer to the Scottish Ministers (Contrary to Policy) Application No : N/03/01845/FUL

Date Registered: 10th December 2003

Applicant: Taylor Woodrow Developments Ltd 2 Garbett Road Kirkton Campus Livingston EH54 7DL

Agent Keppie Planning Ltd 160 West Regent Street Glasgow G2 4RL

Development: Residential Development and Associated Infrastructure Works

Location: Land at Frankfield Loch, Cumbernauld Road, Stepps

Ward: 70: Stepps Councillor Brian Wallace

Grid Reference: 265937 668167

File Reference: N/03/01845/FUL

Site History:

Development Plan: Under the Strathkelvin Southern Area Local Plan 1983 the site is identified as Green Belt with a policy requiring rehabilitation for recreational and wetland purposes. The Northern Corridor Local Plan (Finalised Draft) 2000 identifies the site as a Site of Importance for Nature Conservation (majority of site) within the Green Belt, but with a policy opening up the possibility of residential and other developments subject to a satisfactory Master Plan.

Contrary to Development Plan: Yes

Consultations: NLC Community Services (Com ments) NLC Education (Comments) Scottish Natural Heritage (Objection) West of Scotland Archaeology Service (Com ments) S.E.P.A.(West) (Com ments) Scottish Water (Objection) Scottish Wildlife Trust (Comments) Glasgow City Council (No Objection)

Representations: 5 Representation Letters (including petition)

Newspaper Advertisement: Advertised on 17'h December 2003 Representation Received from Mrs P Sinclair 34 Southbank Drive I Kirkintitloch

:,ISE<. FLrn ,,g nu,*, Taylor Woodrow Developments Ltd

CllU1Twit I E,em,, li*" LD Residential Development and Associated Infrastructure Works 06. I18 Land at Frankfield Loch Curnbernauld Road Stepps TIkIlrlr II11I)IMIO ,a. a,2x'i,..212

0: it.lil 1009?1369 ZDPI Site Area 29 91 Hectares Comments:

This application is for the construction of 236 residential units and the formation of a local nature reserve at Frankfield Loch, Stepps. The residential development is split into two distinct sections with the Site A (Cardowan) section consisting of 96 detached houses and four pairs of semi-detached houses. The Site B (Stepps) consists of 108 detached houses, two blocks of flats each containing nine units and seven three-storey townhouses fronting on to Cumbernauld Road. A new access road will be constructed from Cumbernauld Road opposite Laundry Lane. A local nature reserve is proposed covering Frankfield Loch, the loch margins and the adjacent wetland.

Under the Strathkelvin Southern Area Local Plan 1983 the site is identified as Green Belt with a policy requiring rehabilitation for recreational and wetland purposes. The Northern Corridor Local Plan (Finalised Draft) 2000 identifies the site as a Site of Importance for Nature Conservation (majority of site) within the Green Belt, but with a policy opening up the possibility of residential and other developments subject to a satisfactory Master Plan.

It is considered that the proposal, as amended after negotiation, provides a satisfactory balance between nature conservation and development interests. Frankfield Loch, the loch margins and the adjacent wetland are kept free of development and a local nature reserve is to be set up and funded as part of the development proposal. This will require co-ordination with Glasgow Council who control Frankfield Loch itself.

The planning application was accompanied by an Environmental Statement in terms of the Environmental Impact Assessment (Scotland) Regulations 1999 and extensive public consultation has been carried out.

Notwithstanding an outstanding objection from Scottish Natural Heritage, it is considered that the residential development and the local nature reserve proposals are acceptable and it is recommended that planning permission be granted. The development programme is expected to take seven years.

Recommendation: Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started within five years of the date of this permission.

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

That before the development hereby permitted starts full details of the proposed local nature reserve shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals: the local nature reserve details shall include a management and maintenance plan, funding details and proposed physical works.

Reason: In the interests of nature conservation, ecological education, recreation and access.

That before occupation of the last five dwellinghouses within the approved site all local nature reserve set up works within the application site approved under the terms of condition 2 above shall be completed.

Reason: In order to ensure that the local nature reserve is an integral part of the development proposals.

That before the development hereby permitted starts on Site A or separately on Site B, resurveys of the relevant sites for protected species shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals; the resurveys shall take place within 12 months of the commencement of work on Site A or separately on Site B, shall be carried out by a suitably qualified person and shall cover species which receive statutory protection (particularly water voles, amphibians and otters).

Reason: In the interests of nature conservation.

5. That before the development hereby permitted starts an appraisal (including any necessary remedial measures) of the hydrological and ecological effects of the upgrading of Loch Road shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals.

Reason: To ensure that the effects on local hydrology and ecology of the upgrade of Loch Road are fully understood and, if necessary, any remedial measures are taken.

6. That before the development hereby permitted starts on Site A or separately on Site B a survey for bat roosts of all trees to be felled shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals.

Reason: To comply with the Wildlife and Countryside Act 1981 (as amended) and the EC Habitats Directive 1993 (Council Directive 92/43/EEC)

7. That before the development hereby permitted starts amended garage and bin store details (allowing for 2 bins per flat) shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals.

Reason: For the avoidance of doubt and to ensure that the flatted buildings, garages and bin stores are appropriate for the site and the general area.

8. That before the development hereby permitted starts an archaeological assessment for Site A from an approved consultant (incorporating a field evaluation in accordance with the requirements of North Lanarkshire Council and West of Scotland Archaeology Service) shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals.

Reason: In the interests of local archaeology.

9. That before the development hereby permitted starts a detailed hydrological assessment shall be submitted to and approved in writing by the Planning Authority and any approved measures shall be incorporated into the development proposals: the hydrological assessment shall include the effects on local hydrology of the proposed Loch Road upgrade, of ground stabilisation works and of the geotechnical characteristics of the area and the means of ensuring that there is no unregulated drainage to the Garnkirk Burn catchment area.

Reason: In the interests of amenity and nature conservation by ensuring that the proposed development has the minimum possible effect on the local hydrology. 10. That before the development hereby permitted starts full details of the closure of the adjacent nursery car park access shall be submitted to and approved in writing by the Planning Authority: the details shall include the reinstatement of the footpath, landscaping and the formation of the relocated car park access.

Reason: In the interests of road safety by ensuring that closure of the existing adjacent nursery car park access is carried out in a safe and appropriate manner.

11. That no dwellinghouse hereby permitted shall be occupied until the nursery car park access closure works approved under condition 10 above have been carried out to the satisfaction of the Planning Authority.

Reason: In the interests of road safety by ensuring that closure of the existing adjacent nursery car park access is carried out in a safe and appropriate manner.

12. That before the development hereby permitted starts details of an amphibian compatible Loch Road road drainage system shall be submitted to and approved in writing by the Planning Authority,

Reason: In the interests of nature conservation by ensuring that amphibians can not be trapped in the Loch Road road drainage system.

13. That before the development hereby permitted starts details of the wildlife compatible culvert under Loch Road shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of nature conservation by ensuring that the culvert is an appropriate design for ensuring that wildlife can pass between Frankfield Loch and the wetland area.

14. That before the development hereby permitted starts on Site B a ground investigation/ remediation report shall be submitted to and approved in writing by the Planning Authority: the report shall address remediation measures proposed for ground contamination and land gas, potential contamination of shallow ground water and surface water (and the means of ensuring that there is no worsening of any such contamination), and how the findings of the Johnson, Poole and Bloomer report "Report no BG024C-61 Ground Investigation Report, Areas A and B, Frankfield, Stepps" dated August 2003 are taken account of in development proposals; approved contamination works shall be verified by North Lanarkshire Council as being satisfactorily carried out prior to the related section of construction works commencing!

Reason: In the interests of public health and safety by ensuring that ground conditions are fully investigated and appropriate remediation measures are put in place.

15. That before the development hereby permitted starts a flood risk assessment shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of public health, safety and wellbeing by ensuring that the site does not flood and that there is no increased downstream flood risk.

16. That before the development hereby permitted starts existing and proposed ground levels shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of amenity and for the avoidance of doubt.

17. That before the development hereby permitted starts a Construction Environmental Management Plan shall be submitted to and approved in writing by the Planning Authority: the Plan shall include phasing for avoiding disturbance to vulnerable wildlife species; measures to reduce the impact on the local ecology; measures to suppress noise, vibration and dust; measures to safeguard against pollution; measures to safeguard against mud on the road; restriction on hours of operation; and minimisation of the period of closure of the Loch Road right of way.

Reason: In the interests of public health, safety and wellbeing, nature conservation and road safety.

18. 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.

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

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

20. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

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

21. That in accordance with the landscape phasing approved under Condition 20 above or within one year of the occupation of the last dwellinghouse within respectively Site A and Site B, all respective phase planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under Condition 20 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

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

22. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- a) the proposed private access roads, parking areas and footpaths; b) the proposed grassed, planted and landscaped areas.

Reason: To ensure effective future maintenance.

23. That before the development of Site B starts, a scheme for the provision of two play areas within Site B shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play areas; (b) details of the surface treatment of the play areas, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play areas, and (d) details of the phasing of these works.

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

24. That before occupation of the last five dwellinghouses within Site B, all the works required for the provision of equipped play areas included in the scheme approved under the terms of condition 23 above shall be completed.

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

25. That prior to any works commencing on the application site full details of the location and design of the surface water drainage scheme shall be submitted for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

26. That the SUDS compliant surface water drainage scheme approved under Condition 27 above shall be implemented contemporaneously with the development and in accordance with any approved phasing scheme.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

27. That all of the roads, footways, junctions and car parking provision within the application site shall be constructed or provided to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason : In the interests of road safety by ensuring that these elements of the development are of an acceptable standard. NOTES TO COMMITTEE

If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997 because the proposed development constitutes a significant departure from the Glasgow and the Clyde Valley Joint Structure Plan 2000

If granted, the planning permission will not be issued until :-

an Agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 has been concluded with the applicant and landowner in respect of the financing, laying out and management of a nature park at Frankfield Loch and the associated wetlands; and improvements to the existing Council play area at Frankfield Road have been financed by the developers via an appropriate Minute of Agreement.

Background Papers:

Application form and plans received 10th December 2003

Memo from NLC Community Services received 26th January 2004 Memo from NLC Education received 3rd February 2004 Letter from Scottish Natural Heritage received 3rd February 2004 Letter from West Of Scotland Archaeology Service received 22nd January 2004 Letter from S.E.P.A.(West) received 13th June 2004 Letter from Scottish Water received 22nd January 2004 Letter from The Coal Authority received 22nd December 2003 Letter from Scottish Wildlife Trust received 18th March 2004 Letter from Glasgow City Council received 10th March 2004

Letter from Mrs Mary Malarkey, 87 Cumbernauld Road, Stepps, received 22nd December 2003. Letter from Mr Thomas Brown, 8 Cumbernauld Road, Stepps received 22nd December 2003. Letter from Peter & Sandra O'Brien (+37 Signatures), 14 Blaneview, Stepps, received 24th December 2003. Letter from Mrs Penelope E A Sinclair, 34 Southbank Drive, Kirkintilloch, received 30th December 2003. Letter from The School Board, St Joseph's Primary School, Cardowan Road, Stepps, received 2nd February 2004.

Any person wishing to inspect these documents should contact Martin Dean at 01236 616459. APPLICATION NO. N/03/01845/FUL

REPORT

1. Description of Site and Proposal

1.I The Frankfield Loch application site covers approximately 30 hectares and is currently an unmanaged greenfield site within the Stepps and Cardowan area. It is located on the southern side of Cumbernauld Road, Stepps with the site being bounded to the north by Cumbernauld Road housing and a railway line, to the east by open land and existing housing, to the south by Cardowan housing, recreational open space and open land and to the west by open land and Strathclyde University playing fields.

1.2 The application is for the construction of 236 residential units plus the formation of a local nature reserve. The residential development is split into two detached sections with Site A (Cardowan) consisting of 96 detached dwelling houses and 4 pairs of semi-detached houses. This area is located on rising land to the east of Frankfield Loch with scrubland cover. Site B (Stepps) is located on open formerly tipped land to the rear of mounding on the loch side. 108 detached dwelling houses, 2 blocks of flats each containing 9 units and 7 three-storey townhouses fronting on to Cumbernauld Road are proposed. A single vehicular access road to both sites will be constructed from Cumbernauld Road.

1.3 It is proposed that Frankfield Loch, the immediate loch margins and the wetland to the east of Loch Road be incorporated into a developer financed local nature reserve.

1.4 The application is supported by an Environmental Statement under the 1999 Regulations covering visual impact; hydrology; flooding; drainage; ground modification; ground contamination; ecology; heritage and archaeology; air quality; noise and vibration; access and recreation; and construction. In addition a Ground Investigation Report, further hydrological and flood assessment details and an initial local nature reserve management plan have been submitted.

2. Policv Guidance and the Development Plan

2.1 Scottish Planning Policy 3: Planning for Housing

This Policy indicates that a key aim of planning is to provide well-located, high quality new housing. In meeting the requirements of housing markets across Scotland, planning authorities and housing providers should work closely together to :

a) create quality residential environments - New housing should make a positive contribution to the built and rural environment, and should be designed and laid out to provide lasting benefits. The planning system has an important role in promoting good design, specifying the requirements for landscaping and open space, and indicating where higher densities will be suitable.

b) guide new housing developments to the right places - New housing areas should be easily accessible by public transport and well integrated into walking and cycling networks. As part of a long-term settlement strategy, previously developed land and buildings will have a key role and should be reused where a viable and environmentally satisfactory development can be achieved. Extensions to cities, towns and villages or new settlements should be developed in a sustainable way. c) deliver housing land - Planning authorities should meet the housing land requirement for each housing market area in full. The planning system can help to support a strategy to provide affordable housing in an area.

2.2 National Planning Policy Guideline 14: Natural Heritage

This Guideline draws attention to the importance of safeguarding and enhancing natural heritage. It specifies that Planning Authorities should have full regard to natural heritage considerations in determining planning applications. It encourages the retention and enhancement of features of natural heritage interest and seeks to avoid the fragmentation or isolation of habitats.

2.3 Circular 2411985: Development in the Countryside and Greenbelts

This Circular advises that there should be a presumption against inappropriate development in the Green Belt. The Circular specifies that the main purposes for Green Belt land are to maintain the identity of local settlements, to define physical boundaries, to prevent coalescence, to provide countryside for recreational or institutional purposes of various kinds and to maintain the landscape setting of communities.

2.4 Glasgow and the Clyde Valley Joint Structure Plan 2000

The relevant strategic policies relating to the application site and the proposed development are as follows:-

Strategic Policy 1 - Strategic Development Locations The Metropolitan Development Strategy requires the continued designation and safeguarding of the Glasgow and the Clyde Valley Green Belt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. Local Plans shall define the detailed boundaries and policies to safeguard the Green Belt. The Metropolitan Development Strategy also promotes a green network within the Structure Plan area under Strategic Policy 6.

Strategic Policy 6 - Quality of Life and Health of Local Communities Strategic Policy 6 indicates that the quality of life and health of the communities will be supported through environmental improvements and the provision of open space and facilities for sport and recreation.

Strategic Policy 9 - Assessment of Development Proposals This policy indicates that proposals that fail to meet the criteria set out in the policy will be regarded as a departure from the Development Plan and require to be justified against Strategic Policy 10. It is a requirement of this policy that the Green Belt be safeguarded.

Strategic Policy 10 - Departures from the Structure Plan Strategic Policy 10 indicates that consideration should be given to the appropriateness of the development having regard to the criteria contained in it and any other material consideration. The criteria includes the protection and enhancement of environmental resources identified in Local Plans and the significant restoration of vacant land for environmental purposes.

2.5 Strathkelvin Southern Area Local Plan 1983

The site is within the Green Belt (E.PR02) with a presumption against residential development. Policy (E.IMP5) requires rehabilitationfor recreational and wetland purposes. 2.6 Northern Corridor Local Plan (Finalised Draft) 2000

The site is within the Green Belt with a presumption against new residential development (ENV5) The majority of the site is a Site of Importance for Nature Conservation with policy ENVI 3 specifying that development will not normally be permitted which could adversely affect such sites. Where damage is unavoidable replacement habitats should be provided. Policy ENV12 supports the future designation of a local nature reserve at Frankfield Loch. Policies allow for appropriate residential, retail, education and road building development (HGI/22, SC2, EDUCI, TR3/4) subject to the submission of a master plan which satisfies the Planning Authority that a suitable balance can be achieved between nature conservation and development interests.

3. Consultations and Representations

3.1 Summaries of consultation responses are as follows;

Glasgow City Council : No objection

0 Scottish Environment Protection Agency: SEPA has concerns with respect to the following matters:-

9 It should be ensured that the sewerage network can adequately treat any increased loading. 9 Surface water must be treated via a Sustainable Urban Drainage System. 9 The Molindinar Burn (which flows from the site) is known to contribute to flooding in the Glasgow area downstream of Hogganfield Loch. It must be demonstrated that there will be zero impact upon downstream flood risk as well as ensuring that the development site itself is safe from an appropriate flood event. There should be further flood risk assessment beyond the “indicative assessment” of flood risks submitted with the Environmental Statement. k The proposed Construction Environment Management Plan is welcomed. 9 In view of the site’s identification as a Site of Importance for Nature Conservation SEPA suggests that justification be submitted for development on this site rather than on a less ecologically sensitive site. 9 Further information is required in order to allow full comments on contaminated land issues. It is noted that there is contamination on significant areas of the site and there is some concern to note that the ground investigation report states “it is possible that the ground water and water in Frankfield Loch is contaminated. There is no practical means to deal with this”.

0 Scottish Natural Heritage : SNH objects to the proposed development unless the following issues are addressed through further information, conditions and/or modifications :-

9 The hydrological relationship between the loch and habitat to the east of the road affects natural heritage interests and should be investigated. 9 An ecological buffer zone should be retained between the development and Frankfield Loch. This requires that housing at Site A be moved further back from Frankfield Loch at two locations and housing at Site B be clear of the Loch wetland. 9 A long-term management and maintenance plan for the proposed nature park should be drawn up including implementation measures. This should be secured by an appropriate legal agreement prior to the granting of any consent. 9 The Construction Environmental Management Plan should be agreed in consultation with SNH and should safeguard protected species and their habitat, protect and enhance wetland habitats and hydrological integrity, detail construction and recreational access routes, provide detailed landscaping and habitat management plans to allow integration of the developments into their surrounding landscape. 9 In addition to existing ecological surveys, the site should be re-surveyed for any species which receive statutory protection, particularly water voles, amphibians and otters. 9 All discharges should be in accordance with SEPA’s consent procedures with Sustainable Urban Drainage Systems being employed. 9 Mitigation measures as described in the Environmental Statement should be carried out in accordance with the terms of the development application and submitted plans.

0 Scottish Water : Scottish Water objects to this application as the cost of providing Infrastructure is outwith the reasonable cost obligations in terms of the Sewerage (Scotland) Act 1968. This objection would be removed if the applicant either bears the cost of increased capacity in sewerage infrastructure to accommodate the development and/or provides a scheme that does not compromise the quality and quantity of discharge from the existing sewerage system.

0 Scottish Wildlife Trust : Scottish Wildlife Trust are delighted that the majority of the wetland areas are to be retained. There are however a few concerns in relation to the Development :-

9 The upgrade of Loch Road will seriously affect the passage of species. It is not considered that a box culvert will be sufficient to allow water voles to pass beneath the road. 9 It is essential to ensure that contamination of the area from surface water runoff does not occur. 9 Strathclyde Regional Council inserted a drain in the wetland which resulted in drainage of ground water into a storm drain or similar. With potential changes to the hydrology of the area it is essential that the marsh area does not dry out. 9 A planning condition should require the formation of a formal local nature reserve.

0 West of Scotland Archaeology Service : Most of the archaeological section of the environmental statement is satisfactory. It is however recommended that further information be provided on the potential for past settlement on the high ground in proposed housing Area A and on parchmarks observed within this area.

NLC Leisure Services : Ecological recommendations are given for the protection of amphibians,bats, watervoles and breeding birds; the provision of sustainable urban drainage systems; the provision of a local nature reserve; the resurveying for the presence of badgers;the narrowing of the upgraded loch road; and the provision of appropriate access routes through the site. Such recommendations will however only provide partial mitigation against the loss of important nature conservation habitats. The proposal will lead to the loss of prominent landmark features. Play areas are required for Site B. It is understood that the play area and open space adjacent to Site A are to be upgraded with contribution from the developer in lieu of play provision at Site A. The developer should contribute f52,500(f500 per dwelling) in lieu of local play provision.

0 NLC Education : The area is currently split between Stepps Primary in the non- denominational primary sector and St Joseph’s Primary in the Roman Catholic primary sector. Both schools are operating very close to capacity. Should the development proceed there is a possibility that some pupils may not be accommodated in St Joseph’s Primary. This would result in the authority having to transport children to neighbouring schools with available accommodation. Both secondary schools (Chryston High and Our Lady’s High) have sufficient accommodation to cope with the projected pupil increase.

There are no educational objections to the proposed alterations to the entrance at the Stepping Stones Nursery car park. My Transportation Section have no objections to the basic layout, although certain matters of detail require to be resolved.

0 My Pollution Control Section have some concerns in relation to contamination of the site and the detail given of remediation proposals

3.2 Five letters of objection (including one from St Joseph’s Primary School Board plus a petition letter with 37 additional signatures) have been submitted. Points of objection with my comments are as follows :-

0 The site is a green wildlife oasis much loved by pony treckers, bird watchers, walkers, cyclists and ramblers. Wildlife in the area will not recover from development pressures. The amenity of the Frankfield Loch area and of the Hogganfield Loch to Coatbridge Wildlife Corridor will be spoiled by the proposed residential development. The openness of Frankfield Loch contributes to the well being of Stepps residents. Amphibians and watervoles are known to breed in the proposed development area.

Comments ; Different aspects of the development have different effects on nature conservation interest. This is covered in detail in paragraphs 4.5-4.8below.

The proposal is contrary to the Development Plan.

Comments The proposed residential development is considered to be an acceptable departure from the Structure Plan, to be contrary to the Local Plan and to be in accordance with the emerging Local Plan. This is covered in detail in paragraphs 4.2-4.4below.

0 It is considered that the character of Stepps will be unacceptably altered by the proposed development. There may be an adverse impact on some properties in the vicinity of the application site through the proposed development and through construction works, particularly piling.

Comments .- The proposed development will alter the character of this part of Stepps, but it is considered in an acceptable fashion. New dwellinghouses will be a minimum of 35 metres from existing dwelling houses at Cumbernauld Road and in most cases there will be a considerably greater distance. As such, existing adjacent residents should not be adversely affected by the final development. There are, however, likely to be some adverse effects during construction works, although this should be mitigated by measures required by the Construction Environment Management Plan.

0 No addition facilities are proposed for the large number of proposed new residents. A financial contribution towards improving local schools should be sought as planning gain. The development should be integrated into Cardowan by providing a through road.

Comments ; Site B is close to existing Stepps facilities and Site A has good pedestrian cycling links to the more limited Cardowan facilities. For road safety reasons there will be no through road to Cardowan. There was no request from the Education Department to seek educational planning gain.

0 The existing footpath link between Cardowan Moss and the east side of Frankfield Loch should be maintained.

Comments ; A footpath close to Frankfield Loch has been negotiated. 0 Vehicular access should only be from Cumbernauld Road in order to reduce potentially dangerous extra traffic movements in Cardowan.

Comments : Although there would be an advantage in integrating the proposed development with Cardowan through a road link, it has been established that such a link would adversely affect road safety. As such no road link is proposed

0 Existing Cumbernauld Road traffic congestion will be worsened.

Comments : There are no objections to the proposal from my Transportation Section

0 New drainage into Frankfield Loch and the adjacent wetlands may raise water levels.

Comments .- The submitted flooding assessment has indicated that the proposed residential development will not be subject to flooding from Frankfield Loch and that there will be no increased down stream flood risk.

0 The local sewage system is currently under pressure and will not be able to cope with the proposed substantial new development.

Comments : A planning condition can require that no works shall commence until Scottish Water has confirmed in writing that either the existing sewage system can cope with the proposed development or that the developer will finance suitable improvements or will devise a system which does not put the existing sewage apparatus under pressure.

0 There is likely to be a contamination hazard if existing cover is removed

Comments : It is known that there is contamination in Site B and that remediation is required. This is covered more fully in paragraphs 4.9 and 4.10 below.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless there are material considerations which dictate otherwise. It is considered that the following matters are the key points of consideration in determining the Frankfield Loch planning application.

4.2 Development Plan : The proposed development is considered to be an acceptable departure from the Structure Plan, to be contrary to the adopted Local Plan and to accord with the emerging Local Plan.

4.3 Development proposals must be expressed against Strategic Policy 9 of the Glasgow and the Clyde Valley Joint Structure Plan 2000 to determine whether they accord with or are a departure from the Structure Plan. The proposed development has to be considered as a departure from the Structure Plan as it involves development within the Green Belt which is one of the assessment criteria. The development can, however, be regarded as an acceptable departure from the Structure Plan under Strategic Policy 10 in view of the environmental benefits which will result from the establishment of a local nature reserve. 4.4 The residential development part of the application does not accord with the Green Belt policy requirements contained within the Strathkelvin Southern Area Local Plan 1983 which presumes against such development. This Plan is however over 20 years old and does not reflect the view of North Lanarkshire Council concerning development at Frankfield Loch. It is considered that the emerging local plan (Northern Corridor Local Plan (Finalised Draft) 2000) is a more relevant document as it is up to date and has been subject to a public local inquiry with no recommended alterations to policies relating to Frankfield Loch. The emerging Local Plan allows for residential development so long as it is part of a balanced set of proposals which promotes ecological as well as development interests. It is considered that the development proposals, as amended through negotiation, provides such a balance.

4. .5 Ecology : The site comprises a mosaic of habitat types including wetland, marginal swamp, scrub/woodland and grassland. A large proportion of the site is designated as a Site of Importance for Nature Conservation. The proposed residential development will lead to an overall loss of habitat, particularly grassland. The site is known to support North Lanarkshire and Glasgow biodiversity action plan priority species such as watervole, pipistrelle bat, daubentons bat, palmate newts, reed, bunting and song thrush. In additon to the forgoing the site supports a large number of amphibians and a wide variety of birds.

4.6 Scottish Natural Heritage have disputed the application Environmental Statement conclusion that the development will only have a low impact on important habitats and species.

4.7 Adverse impacts on nature conservation interests are mitigated by the following proposals.

0 Residential development is only proposed on the least valuable habitats. No development is proposed on an area of wetland or on the immediate margins of Frankfield Loch. It is stated by the applicants that detailed ecological studies show that certain areas outwith the designated Site of Importance for Nature Conservation (SINC) have high ecological value and certain areas within the SINC designation are less valuable. The positioning of the proposed residential development reflects the true ecological value position.

0 A local nature reserve (LNR) will be formed and funded by the developers of Frankfield Loch covering the immediate loch environment and the adjacent wetland area. The LNR, which will be in both North Lanarkshire and Glasgow, will have the following objectives :- To maintain and enhance aquatic and wetland habitats. To maintain and enhance terrestrial habitats. To support access for the public without compromising ecological resources. To maintain and enhance conditions for watervole populations. o To maintain and enhance conditions for amphibian species. U To maintain and enhance conditions for breeding birds.

0 The upgrade of Loch Road has been specifically designed such that it is narrower than normal for the relevant standard of road in order to present less of a wildlife barrier. It has culverts designed for watervole passage, a surface water drainage system designed to avoid trapping amphibians and its form of construction will allow a hydrological link between Frankfield Loch and the wetland area.

4.8 It is considered that the proposed development will have some adverse effects on nature conservation interests, but that there will be acceptable compensation through the proposed remedial measures. The continuing objection by Scottish Natural Heritage is noted.

4.9 Contamination: Ground investigations have concluded that there is no contamination or elevated levels of gas emissions from residential Site A. Site B is, however, made ground with a depth of between 6 metres and 8 metres. The ground investigation reveals elevated chemical contamination within the made ground. This assessment concludes that remediation is required in order to provide a site suitable for residential use. Recommended remediation involves a 0.75 metre thick capping layer over all gardens and other areas of open space; all hydrocarbon impacted material to be removed from the site; all services to be placed in and back filled with inert material; furthering monitoring of ground water and surface water.

4.10 It is also established that there are elevated methane and carbon dioxide gas levels at Site B and this will require appropriate remediation. It is noted that there may be contamination of Frankfield Loch and ground water at Site B. It has been established, however, that this low level of contamination will have no adverse affect on the health of future residents. A planning condition can require that there be no worsening of any such contamination

4.1 1 Visual Impact: The main effect on visual impact will arise from the removal of dense scrubland from the development areas and from the close relationship of housing at Area A to Frankfield Loch. The principle landscape components of open water and wetland will remain undeveloped.

4.12 Retention of areas of scrub along with new planting will provide visual mitigation. It is concluded in the Environmental Statement that the visual impact of the development will initially be moderately adverse. This impact will, however, lessen when replacement planting matures.

4.13 Conclusion: This application constitutes is a significant development on an environmentally sensitive site which has geotechnical and contamination difficulties. Although there will be some adverse effect on ecological interests and on the visual amenity of the area, it is considered that the proposed mitigation measures satisfactorily alleviate the development impact. In particular the setting out and funding of a local nature reserve with improved recreational access will be of general benefit.

4.14 Taking all matters into account, it is considered that the development meets the emerging local plan requirement for a balance between ecological and development interests. It is therefore recommended that planning permission be granted.

4.15 If the Committee accept this recommendation, the application will require to be notified to the Scottish Ministers under the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. This is in view of the development representing a significant departure from the Structure Plan.

4.16 If the Ministers do not intervene in the determination of the application, the planning permission should not be issued until :-

a) an Agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 has been concluded with the applicant and landowner in respect of the financing, laying out and management of a nature park at Frankfield Loch and the associated wetlands; and b) improvements to the existing Council play area at Frankfield Road have been financed by the developers via an appropriate Minute of Agreement. Application No: N/04/01336/FUL

Date Registered: 30th July 2004

Applicant: Mr & Mrs E Stewart 27 Rosemount Westerwood Cumbernauld G68 OHL

Agent RFV Tech Design 1 Crofthead Street Falkirk Stirlingshire FK2 7GG

Development: Extension to a Dwellinghouse

Location: 27 Rosemount Westerwood Cumbernauld G68 OHL

Ward: 57: Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 275672.676409,

File Reference: N/04/01336/FUL

Site History: None

The site is covered by Residential Policy HG5F in the Cumbernauld Development Plan: Local Plan 1993.

Contrary to Development Plan: No

Consultations:

Representations: 3 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks planning permission for the construction of a two-storey side extension and timber decking at a detached dwellinghouse at 27 Rosemount, Westerwood, Cumbernauld. Three letters of representation have been received from the neighbouring proprietors at 28 Rosemount, 4 Queens Drive and 6 Queens Drive, the points of which are outlined in the accompanying background report. Following assessment of the proposals, including the effects on the neighbouring properties, it is recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

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

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

Reason: To ensure that the development compliments the adjoining dwellinghouse in the interest of amenity.

Background Papers:

Application form and plans received 30th July 2004 and amended plans received 13th and 23rd September 2004.

Memo from Traffic and Transportation Team Leader received 19th August 2004 Letter from Scottish Water received 9th August 2004

Letter from Mr David Miller, 6 Queens Drive, Westerwood , Cumbernauld, G68 OHN received 13th August 2004. Letter from Mr Frank Venesky, 28 Rosemount, Westerwood, Cumbernauld, G68 OHL received 16th August 2004. Letter from Mr Brian Kelly, 4 Queens Drive, Westerwood, Cumbernauld, G68 OHN received 17th August 2004.

Any person wishing to inspect these documents should contact Miss. Gebbie at 01236 616466. APPLICATION NO. N/04/01336/FUL

REPORT

1. Description of Site and Proposal

1.I The application site is a modern bungalow with a detached garage and is located within a residential estate, with houses to the side, front and rear.

1.2 This application seeks permission for a two-storey extension with timber decking located at the side of the house. The applicant proposes to demolish the existing detached garage to construct the extension. The proposed extension will project 2.4 metres from the front building line of the existing house and will comprise of a garage and living room at ground floor level and three additional bedrooms and two bathrooms at first floor level. The extension will have a pitched roof and be finished with facing brick and roof tiles to match those of the existing building. The timber decking will be located at the rear of the existing house and the proposed extension. This will project 5 metres from the existing rear building line, be 5 metres wide and 1.4 metres high including handrails.

1.3 The applicant has amended the proposal by moving the extension forward by 2.4 metres. The applicant originally proposed to project the extension 4.8 metres from the rear building line. This has been reduced to 2.4 metres. The proposed bedroom window on the eastern elevation and one set of the French doors proposed for the western elevation have been relocated to the northern elevation. Furthermore, the front and rear elevations have been changed from Dutch hips to gable ends, and the lower roof detail above the garage doors has been removed.

2. Development Plan

2.1 The site lies within an area covered by Policy HG5F in the Cumbernauld Local Plan 1993. The proposal is considered to be in accordance with the development plan and raises no strategic issues.

3. Consultations and Representations

3.1 My Transportation Section has no objections to the proposal.

3.2 Three letters of representation were received from neighbouring proprietors at 28 Rosemount, 4 and 6 Queens Drive, in relation to this application. The grounds of the objections and my comments thereon are as follows:- . The developer of the original residential estate assured the neighbouring proprietors that the dwellings to the rear of No. 4 Queens Drive would be single-storey properties only.

Comment: There are no restrictions in planning terms for any proprietor within Rosemount to submit a planning application for a two-storey extension and as such, each application will be determined by its own merits.

. The submitted plans fail to show the bay window on the neighbouring property, 28 Rosemount and the proposed bedroom window on the side elevation will face directly on to the rear garden area and windows of the objector’s property and this would subsequently affect the level of privacy enjoyed.

Comment: The windows of the neighbouring properties are not required to be shown on any of the submitted plans. Any impacts on windows are taken into consideration during the site visit, and the bay windows of the neighbouring properties have been noted. The applicant has amended the layout and position of the proposed extension by projecting the extension forward by 2.4 metres. As all side windows will consist of obscured glass (Le two upper level bathrooms and one ground floor W.C), it is considered that the extension will not be detrimental to the privacy of No.28.

1 The two-storey extension will detrimentally affect the character of the cul-de-sac and set a precedent for other properties.

Comment: The design and scale of the proposed extension are considered acceptable from a planning viewpoint. The applicant has amended the detail of the front of the proposed extension in order to match the design of the existing house. Given the position of the proposed extension it is considered that it will suitably relate to the neighbouring properties and will not significantly affect the character of the cul-de-sac.

The proposed extension will overshadow the objector’s properties at 4 and 6 Queens Drive and 28 Rosemount.

Comment: Following the construction of the extension, it is concluded that the sunlight and daylight levels at the objector’s properties will be well within the limits of acceptablility, in terms of the Building Research Establishment sunlight and daylight tests.

1 The amended plans show that the rear bedroom window will be relocated from the side to rear elevation of the proposed extension and this will overlook the rear garden area of 4 and 6 Queens Drive.

Comment: The proposed rear window will be within the minimum 18 metre window to window distance therefore it is considered that the level of privacy enjoyed within the house will not be significantly reduced. Furthermore there is extensive screening provided at the rear of the applicant’s property by existing trees which are greater than 2 metres in height. While the rear garden may be overlooked by some extent, it is not considered that this could justify a refusal of consent.

1 The objector’s consider that this extension will prejudice any future planning applications for extensions at the surrounding properties.

Comment: While appreciating the objectors’ concerns, the potential development of any of the surrounding properties is not a material planning consideration in the determination of this application.

The proposed extension will be over development of the plot and will reduce the amount of usable rear garden space, therefore not meeting the Council’s Open Space Guidelines.

Comment: As previously discussed, the proposed extension is considered acceptable in terms of scale and layout. As the extension has been projected forward, there will not be considerable loss of rear garden area and as such, meets the Council’s Guidelines. . The proposed extension will increase drainage problems at the rear of the neighbouring properties.

Comment: Given that the extension will replace an existing building, it is considered that the proposed extension will not significantly impact on the drainage and to an extent to warrant refusal of this application. The drainage details will be dealt with at the Building Warrant stage. 4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case the proposal is not contrary to the development plan and the main issue is the impact of the proposed extension on the neighbouring properties.

4.2 Details of the objectors’ concerns have been outlined earlier in this report. The impact of the proposed extension on the amenity of the neighbouring properties has been assessed in terms of local plan policy and it is concluded that the effects would not be significant enough to warrant refusal of this application. Furthermore, it is considered that the proposed extension will be in keeping with the character of Rosemount.

4.3 It is considered that the design, scale and layout of the proposed extension are acceptable from a planning viewpoint. Notwithstanding the objections raised by the neighbouring proprietors of No. 28 Rosemount, No. 4 and No. 6 Queens Drive, it is recommended that planning permission be granted. Application No: N/04/01337/OUT

Date Registered: 29th July 2004

Applicant : William Ross 31 The Faulds Baillieston Glasgow

Agent Caldwell Lindsay Associates 81 Hamilton Park South Hamilton ML3 OFH

Development: Demolition of Existing Building & Construction of a Flatted Development

Location: 43-45 Station Road, Muirhead, Glasgow

Ward: 69: Chryston and Auchinloch Councillor Charles Gray

Grid Reference: 268484 669199

File Reference: N/04/01337/0UT

Site History:

Development Plan: The site is covered by residential policies in the Northern Corridor Local Plan (Finalised Draft) 2000.

Contrary to Development Plan: No

Consultations: Scottish Water (Comments)

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This outline application involves the demolition of the existing derelict building at 43 - 45 Station Road and the construction of 6 flats. One letter of representation has been received in connection with the application, the details of which are outlined in the accompanying background report. Notwithstanding the points of objection, it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

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

2. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

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

3. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls and fences; (9) the provision of drainage works;

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

4. That notwithstanding the generalities of Condition 3 above, the proposed flatted development shall :-

(a) be a maximum of 6 flatted properties; (b) be no more than two and a half storeys in height; (c) have a 6 metre wide dropped kerb footway type crossing access from Drumcavel Road in close proximity to Cameron Cottage; (d) reinstate the existing dropped kerb access at Station Road; (e) have a layout that allows vehicles to enter and exit the site in forward gear; (f) provide a pedestrian guardrail along the site frontage on Station Road; (9) provide off-street parking provision at a rate of 2 spaces for a 1 or 2 bedroom flat and 3 spaces for a 3 or 4 bedroom flat; (h) provide a 2 metre wide footway along the entire frontage of the site.

Reason: To ensure that the development is acceptable for the site and its immediate surroundings.

5. That notwithstanding the details illustrated on the approved plans, NO CONSENT is granted to the proposed site layout indicated therein.

Reason : The site layout must comply with the terms of Condition 4 above.

Background Papers:

Application form and plans received 29th July 2004

Letter from Scottish Water received 9th August 2004 Letter from Chryston Community Council, Hon. Secretary, Miss R Anderson, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 19th August 2004.

Any person wishing to inspect these documents should contact Mrs. Devlin at 01236 61 6463. APPLICATION NO. N/04/01337/0UT

REPORT

1. Description of Site and Proposal

1.I This application is for the demolition of the existing building at 43 - 45 Station Road, Muirhead and the construction of a block of 6 two and a half storey flats.

1.2 The site is bounded to the west by Station Road and to the south by Drumcavel Road. It is located within an existing residential area close to St. Barbara’s Primary School.

2. Development Plan

2.1 Within the Northern Corridor Local Plan (Finalised Draft) 2000, the site is covered by residential policies.

3. Consultations and Representations

3.1 My Transportation Section has commented that the development requires to be accessed from Drumcavel Road, and provide sufficient parking provision and facilities for vehicles to enter and exit the site in forward gear. There is also a requirement to reinstate the existing dropped kerb on Station Road and provide a pedestrian guardrail. Conditions can be imposed covering these matters.

3.2 One letter of representation has been received from Chryston Community Council. The points of objection, and my comments thereon are as follows:-

+ The opening of the junction of the M73 at Gartcosh has resulted in an increase in traffic, which results in residents adjoining the site having difficulty entering and leaving their driveways. Residents of the flatted development could experience the same situation and could add to the hazards of pedestrians at the corner of Station RoadlDrumcavel Road by blocking a busy footway.

Comment: My Transportation Section has not highlighted any problems from a traffic and pedestrian safety viewpoint.

+ Should access to the development be from Drumcavel Road it requires to be noted that from 2.30 p.m. onwards during the week in the region of 20 - 30 cars and the occasional bus are parked there waiting to pick up pupils of St. Barbara’s Primary School.

Comment: My Transportation Section is aware of this situation but do not consider it to be problematic. Unfortunately this situation exists at many primary schools throughout North Lanarkshire.

4. Planning Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case the proposal is not contrary to the development plan.

4.2 The application was originally submitted for 12 flats, however, it was decided that this was over development of the plot, as adequate parking provision, open space and bin storage could not be provided. Furthermore, it would have required a 4-storey building, which would not be in keeping with the scale and character of the surrounding area. The proposal was amended to a flatted development of 6 units with a maximum height of two and a half storeys.

4.3 It is considered that the principle of 6 flats is acceptable in this location and that a development of this scale will not have a detrimental effect on the surrounding neighbours. Notwithstanding the objections received from the Community Council, it is recommended that planning permission be granted. Application No: N1041013571FUL

Date Registered: 30th July 2004

Applicant: A M Thomson Townhead Farm Kilsyth G65 OQE

Development: Siting of a Caravan

Location: South Barr Farm, South Barrwood Road, Kilsyth

Ward: 64: Croy and Kilsyth South and Smithstone Councillor Francis Griffin

Grid Reference: 272212 677105

File Reference: N/04/01357/FUL

Site History: N/04/00553/AGN: Construction of Agricultural Building Agricultural Prior Notification approved in June 2004

Development Plan: The site is covered by Green Belt and Site of Importance for Nature Conservation policies in the Kilsyth Local Plan 1999.

Contrary to Development Plan: Yes

Consultations: British Gas Transco (Comments)

Representations: 2 Representation Letters

Newspaper Advertisement: Advertised on 1st September 2004

Comments:

The application is for the siting of a residential caravan at the newly formed South Barr Farm off Coach Road, Kilsyth. At the time of submitting the application the applicant had 8 cows in calf on 24.25 hectares of rough grazing. An agricultural building was recently erected at South Barr Farm under permitted development rights.

It is common practice to support the establishment of farms with a residential caravan. If the agricultural enterprise grows to the extent that a full time worker is justified then planning permission may be granted for a farm house. In the case of South Barr Farm, it has been established that under current projections and with the current land holding, the farm does not have the potential to build up to a level that would support a full time worker. This view is supported by the Scottish Agricultural College.

It is considered that in the above circumstances the proposed caravan is not required for a sustainable agricultural purpose and it is therefore recommended that planning permission be refused.

Recommendation: Refuse for the Following Reasons:-

1. In the interests of amenity and the proper planning of the area in that the residential caravan would constitute inappropriate new development in the Green Belt (in that it is not deemed to be required for the building up of a viable agricultural unit) and as such would be contrary to national planning guidance, to the Glasgow and the Clyde Valley Joint Structure Plan 2000 and to the Kilsyth Local Plan 1999.

2. In the interests of amenity in that the caravan and/ or ancillary residential developments (such as garden and parking) would adversely affect the rural character of the site and the general area.

3. That should planning permission be granted for this development a precedent may be set which would make it difficult for the planning authority to refuse similar applications.

Background Papers:

Application form and plans received 30th July 2004

Letter from British Gas Transco received 10th September 2004

Letter from Kilsyth Community Council, do Aileen Fleming, 10 Victoria Road, Kilsyth, G65 9AH received 28th September 2004. Anonymous letter received 22"d September 2004.

Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459. APPLICATION NO. N/04/01357/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for the siting of a residential caravan at the newly established South Barr Farm off Coach Road, Kilsyth. It is proposed that the caravan be placed either within or directly adjacent to the recently constructed agricultural building in order to lessen its impact on the Kelvin Valley countryside. The purpose of the caravan is to allow the continued building up of the farm.

2. Development Plan

2.1 Under the terms of the Kilsyth Local Plan 1999 the site is covered by the following policies.

0 Green Belt with a presumption against residential development unless it is show to be necessary for the furtherance of agriculture, forestry and horticulture or other uses appropriate only to a rural area (GB3). 0 Prime quality agricultural land (NE?) 0 Site of Importance for Nature Conservation (NE9) 0 Antonine Wall consultation zone (BE8) 0 Forth and Clyde Canal Local Plan area (CT5) 0 Gas pipeline consultation zone (CFIO)

3. Consultations and Representations

3.1 British Gas Transco : There is a gas main in the proximity of the application site. The position of the main should be confirmed by using hand dug trial hauls.

3.2 An anonymous objection and an objection from Kilsyth Community Council have been received. The following points have been made :-

0 The applicant is a building contractor. The caravan may be used in connection with business as well as agriculture.

Comments :There is no knowledge of any business activity on the site and no planning permission exists for any such activity. There is no reason to believe that the caravan would not be used solely to build up South Barr Farm.

0 The caravan will be unsightly in itself and will be part of a more significant development taking into account the existing overlarge agricultural building and any future potential developments such as a farmhouse. This will have an adverse impact on the Kelvin Valley countryside.

Comments .- If the farm is developed there may be further agricultural buildings and (if the farm can support a full time worker) potentially a farmhouse. Notwithstanding its size and impact, the existing agricultural building is permitted development. Agricultural Prior Notification (N/04/00553/AGN) was approved in June 2004 for the agricultural building’s design and external materials. Future agricultural buildings may require planning permission and any proposed farmhouse would require permission. This would allow some control over design, positioning and the principal of any residential building. 0 The farm will only be a small scale enterprise and is only a means of obtaining a large storage building and potentially a farm house.

Comments : Under the planning legislation, the applicant was entitled to build the existing agricultural building. As mentioned below, the proposed agricultural activity is relatively modest and is unlikely to support a full time worker and therefore a farm house.

4. Planning Assessment and Conclusions

4.1 All planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application site lies within the Green Belt wherein there is a general presumption against inappropriate development. The key issue in this case is whether or not the farm can be built up to a level that will support a full time worker and therefore legitimately require permanent residential accommodation.

4.2 Information supplied with the application indicates that the applicant has 24.3 hectares, which is considered to be rough grazing with the potential for improvement. The majority of the land has the potential to produce crops. The current stocking is 8 cows in calf and it is proposed to increase the herd to 15 cows.

4.3 This information has been assessed and the site visited by an agricultural consultant from the Scottish Agricultural College on behalf on North Lanarkshire. It is concluded that the land holding and the proposed number of cattle will only require one third of the man hours that equates to a full time agricultural worker. This would not be sufficient under current planning policy for a grant of permission for any future farmhouse. It is therefore not considered that the currently proposed caravan is essential for the limited proposed growth of the farm. The caravan does not meet the Green Belt policy requirement of being necessary for the furtherance of agriculture. It is therefore recommended that planning permission be refused on the grounds of Green Belt policy, inappropriate development in a countryside location and precedent. Application No: N/04/01433/FUL

Date Registered: 11th August 2004

Applicant: Barratt West Scotland Mayfield House 7 Maggie Wood's Loan Falkirk FKI 5SJ

Agent EMA Architecture & Design Ltd The Stables 38 Baileyfield Road Edinburgh EH15 1NA

Development: Construction of 130 Dwellinghouses

Location: Area 3, Smithstone, Cumbernauld

Ward: 64: Croy and Kilsyth South and Smithstone Councillor Francis Griffin Grid Reference: 272481 675033

File Reference: N/04/01433/FUL

Site History:

Development Plan: The site is allocated as being a marketable, reserved and proposed industriaVbusiness area in the Cumbernauld Local Plan 1993.

Contrary to Development Plan: Yes

Consultations: S.E.P.A.(West) (Comments) Scottish Water (Comments) British Gas Transco (Comments) Scottish Power (Com ments) NLC Education (Com ments) NLC Community Services (Comments)

Representations: None Received

Newspaper Advertisement: 1gth August 2004

Comments:

This application is in respect of the construction of 130 detached and semi-detatched houses on a 5.98 hectare (14.77 acres) site at Smithstone, Cumbernauld. The Council is currently selling the site to Barratt West Scotland and a satisfactory layout has been produced.

This is the third of seven Smithstone residential neighbourhood sites to be marketed by the Council within the Western Extension Area of Cumbernauld. The overall Smithstone development area extends to 54 hectares (133 acres) and eventually about 800 houses could be accommodated over the next 2 - 3 years. The site is zoned within the Cumbernauld Local Plan 1993 as being marketable, reserved and proposed for an industrial and business area, and as such the application was advertised in the local press as being potentially contrary to the local plan. Although not allocated for residential purposes, the application site has long been regarded as an addition to the Western Extension Area of Cumbernauld and constituted part of the approved Smithstone Masterplan.

As the layout is satisfactory it is recommended that permission be granted. The committee should note that if approved, this application requires to be notified to the Scottish Ministers as it is contrary to the local plan and the Council has a financial interest in the site.

Recommendation: Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started within five years of the date of this permission.

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

That before the development hereby permitted starts, full details of all external materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In order that the Planning Authority might ensure that the external materials are acceptable.

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: In order that the Planning Authority might be satisfied that the design and location of all walls and fences are acceptable.

That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of a 'focal point' feature as required by the relevant Development Brief; (e) details of the phasing of these works.

Reason: To enable the Planning Authority to assess these aspects, ensuring that there is adequate landscaping provision within the site in the interests of the amenity of future residents.

That within one year of the occupation of the 5th last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

6. That within three months of the date of this consent, a scheme for the provision of an equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area, and (d) details of the phasing of these works.

Reason: To ensure that the proposed play area is satisfactory to the Planning Authority in the interests of the amenity of future residents.

7. That before occupation of the 5th last dwellinghouse within the development hereby permitted, all the works required for the provision of the equipped play area shall be completed.

Reason: To ensure the provision of adequate play facilities within the site, in the interests of the amenity of future residents.

8. That within three months of the commencement of the development hereby permitted, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed landscaped areas and play area.

Reason: To ensure that satisfactory management arrangements will be put in place in the interests of the amenity of future residents.

9. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 8 above shall be in operation to the satisfaction of the Planning Authority.

Reason: In the interests of amenity of future residents.

10. That before the development hereby permitted starts, full details of the location, surface material and levels of the footpath links leading to the Right of Way north and the track east of the site shall be submitted to and for the approval of the Planning Authority.

Reason: To ensure the footpath links are satisfactory to the Planning Authority in the interests of the amenity of future residents.

11. That no works shall detrimentally affect the adjacent Right of Way and trees to the north and the stone dyke wall and track to the east of the site.

Reason: In order to protect these features in the interests of the amenity of future residents. 12. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems. Furthermore, assessments of the pre and post development run-off, the risk of pluvial flooding/overland flow, the risk of sewer flooding and the risk of flooding to neighbouring property, land and the adjacent Right of Way arising from the development proposals require to be submitted to and for the approval of the Planning Authority and SEPA.

Reason: 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.

13. That the drainage scheme required in terms of Condition 12 above shall be implemented by the applicant to the satisfaction of the Planning Authority prior to the occupation of any dwellinghouses.

Reason: In the interests of the prevention of groundwater pollution.

14. That before the development hereby permitted starts, a full site investigation survey shall be submitted to, and approved in writing by the Planning Authority. The survey shall be carried out in accordance with British Standard Code of Practice BSI01 752001.

Reason: In the interests of the amenity of future residents as the site is adjacent to a closed landfill site.

15. That any remediation works required as a result of the survey carried out in terms of Condition 14 shall be implemented to the satisfaction of the Planning Authority in accordance with a timescale to be agreed with the said Authority.

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

NOTE TO COMMITTEE.

If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town & Country Planning (Notification of Applications)(Scotland) Direction 1997 because of the Council's financial interest in the site.

Backg rou nd Papers:

Application form and plans received 11 th August 2004

Memo from Transportation Team Leader received 20thSeptember 2004 Memo from Head of Protective Services received 27th August 2004 Memo from Countryside and Landscape Manager received 8'h October 2004 Letter from S.E.P.A.(West) received 9th September 2004 Letter from Scottish Water received 1st September 2004 Letter from British Gas Transco received 25th August 2004 Letter from Scottish Power received 25th August 2004 Memo from Geotechnical Team Leader received 30th August 2004 Memo from Director of Education received 25th August 2004

Any person wishing to inspect these documents should contact Mrs.Devlin at 01236 616463. Application No: N/04/01473/AMD

Date Registered: 16th August 2004

Applicant: Carrick Properties Clo Stelmain Ltd 175 West George Street Glasgow G2 2LB

Agent Keppie Planning Ltd 160 West Regent Street Glasgow G2 4RL

Development: Renewal of Outline Planning Permission (N/00/00590/0UT) for Residential Development

Location: Site South of Kingdom Hall, Liddel Road, Seafar, Cumbernauld

Ward: 54: Seafar and The Village Councillor Neil McCallum

Grid Reference: 275442674275

File Reference: N/04/01473/AMD

Site History: N100005900UT Residential Development (In Outline) Approved 17th August 2001

Development Plan: The site is allocated for Town Centre Development in the Cumbernauld Local Plan 1993.

Contrary to Development Plan: Yes

Consultations: NLC Community Services (0bjection) British Gas Transco (Com ments) Scottish Power (Comments)

Representations: None Received

Newspaper Advertisement: 2dhAugust 2004

Comments:

This application is for the renewal of a previously approved outline residential development at a 1.08 hectare site south of the Kingdom Hall, Liddel Road, Seafar, Cumbernauld. This proposal differs from the previously approved consent in that the access is proposed from Liddel Road, whereas the Committee approved access to the site from St Mungo's Road.

The site is zoned for Town Centre Development within the Cumbernauld Local Plan 1993, and as such the application was advertised in the local press as being potentially contrary to the Local Plan. No objections were received from the neighbour notification process or newspaper advertisement. It is recommended that permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (9) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (i) the provision for loading and unloading of all goods vehicles; (j) the phasing of the development; (k) the provision of drainage works; (I) the disposal of sewage; (m) details of existing trees, shrubs and hedgerows to be retained; (n) details of existing and proposed site levels.

Reason: To enable the Planning Authority to consider these aspects

2. That within three years of the date of this permission, an application for approval of the reserved matters, specified in Condition 1 above, shall be made to the Planning Authority.

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

3. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

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

4. That before the development hereby permitted starts, a full site investigation survey shall be submitted to, and approved in writing by the Planning Authority. The survey shall be carried out in accordance with British Standard Code of Practice BSI01752001.

Reason: In the interests of the amenity of future residents as the site is 40 metres from an area of unknown filled ground.

5. That any remediation works required as a result of the survey carried out in terms of Condition 4 shall be implemented to the satisfaction of the Planning Authority in accordance with a timescale to be agreed with the said Authority.

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

6. That the proposed development and Liddel Road shall be traffic calmed to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

7. That the footpaths within the proposed development shall be adequately linked to the existing footpath network to the satisfaction of North Lanarkshire Council as Planning and Roads Authority. Reason: To ensure adequate footpath links in the interests of the amenity of future residents. a. That parking provision for the development shall be provided as follows:-

1 - 2 bedroom(s) 2* spaces 3 - 4 bedrooms 3* spaces 5+ bedrooms 4* spaces * Garages will only be included in the parking assessment if they have minimum internal dimensions of 3.0m x 5.5m.

Reason: To ensure adequate parking provision for the development in the interests of the amenity of the future residents.

9. That 15% on street unallocated parking shall be provided in a lay-by format with a minimum grouping of 2.

Reason: To ensure adequate visitor parking provision for the development in the interests of the amenity of the future residents.

Background Papers:

Application form and plans received 16th August 2004

Memo from Transportation Team Leader received 1'' November 2004 Memo from Head of Protective Services received 14th September 2004 Memo from Countryside and Landscape Manager received 16th September 2004 Letter from British Gas Transco received 26th August 2004 Letter from Scottish Power received 16th September 2004

Any person wishing to inspect these documents should contact Mrs. Devlin at 01236 616463. APPLICATION NO. N/04/01473/AMD

REPORT

1. Description of Site and Proposal

1.I This proposal is for the renewal of outline planning permission for a residential development at the site south of the Kingdom Hall, Liddel Road, Seafar, Cumbernauld. The site is 1.08 hectares and is bounded to the north and east by the Inland Revenue, to the south-east by Kwik Fit, to the south-west by existing housing and to the north-west by the Kingdom Hall and St. Mary’s Primary School.

1.2 The site slopes towards the north-west and is overgrown with scrub, trees and bushes. The extreme southern portion of the site has an existing equipped play area that is maintained by the Council. As part of the previous consent (N/00/00590/OUT) the applicant concluded a Section 75 agreement with the Council to allow for the retention of the play area and for its continued maintenance.

1.3 Access is proposed from Liddel Road over a strip of land owned by the Council. The previous application that was approved in 2001 also initially proposed access from Liddel Road, however, the Committee decided an access from St. Mungo’s Road was more appropriate.

2. Development Plan

2.1 The site is allocated for Town Centre Development in the Cumbernauld Local Plan 1993.

3. Consultations and Representations

3.1 No objections were received from the neighbour notification process or newspaper advertisement.

3.2 My Traffic Section has no objection to the proposal providing the development site and Liddel Road are adequately traffic calmed. Comments were also made in relation to the parking provision for each house and the visitor parking requirement. Planning conditions can be imposed covering these matters.

3.3 My Protective Services Section has requested a site investigation survey be carried out in accordance with the requirements of BSI 01 75:2001. Any remediation works shall be agreed with the Council, and the approved development shall not commence until these works have been completed. The site investigation is required as the site is 40 metres from an area of unknown filled ground. A planning condition can be imposed covering this matter.

3.4 NLC Community Services recommend refusal of the application as it would involve the removal of a well established, visually beneficial woodland. It would also be detrimental to the existing biodiversity on the site, which provides informal play provision for local children.

3.5 Neither Scotish Power nor Transco have any objections to the proposal.

4. Planning Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. While the site is allocated for Town Centre Development in terms of the Local Plan, it has not proven to be an attractive or easily developed site for that use. The principle of residential development has already been established by the approval of the outline residential application in 2001,

4.2 The proposed access from Liddel Road is acceptable from a Transportation viewpoint. As stated in paragraph 1.3, the previous application also proposed access at this location, however the Committee decided that the most appropriate access to the site was from St. Mungo’s Road and a condition was imposed to this effect. It is recommended that permission be granted, with vehicular access from Liddel Road. Application No: N/04/01487/FUL

Date Registered: 19th August 2004

Applicant: Mr C McCallum Auchengree Nursery Lenzie Road Stepps G33 6BZ

Agent Jacobs Babtie 95 Bothwell Street Glasgow G2 7HX

Development: Change of Use of Former Plant Nursery to Plant and Hard Landscape Nursery with a Secondary Caravan Display Area

Location: Auchengree Nursery, Lenzie Road, Stepps

Ward: 69: Chryston and Auchinloch Councillor Charles Gray

Grid Reference: 265624.669351.

File Reference: N/04/01487/FUL

Site History: N/97/00298/FUL; Change of Use of Nursery to Garden Centre and Storage/ Sales of Caravans - Refused March 1998 N/97/00299/0UT; Construction of Dwellinghouse - Refused March 1998 N/99/00909/FUL: Change of Use of Nursery to Nursery and Caravan Storage - Refused October 1999 N/00/00657/FUL: Construction of Shop/ Office/ Storage Building - Granted September 2000 N/01/00231/LUC: Plant Nursery with Subsidiary Sale of Plants and Small Ancillary Garden Goods (Application for Certificate of Lawful Use) - Granted April 2001 N/01/01467AMD: Erection of Shop, Office and Store for Plant Nursery (Amendment to previous approval) (in Retrospect) - Granted February 2002

Development Plan: The site is identified as being within the Green Belt in the Strathkelvin Southern Area Local Plan 1983 and the Northern Corridor Local Plan (Finalised Draft) 2000.

Contrary to Development Plan: Yes

Consultations: NLC Community Services (No Objection)

Representations: None Received

Newspaper Advertisement: Advertised on 25'h August 2004 'UMPERNAULD i87 1 JW

'PI 01218818210 FIX 01236616232 Comments:

The application is for the change of use of a former plant nursery to a plant and hard landscape nursery with a secondary caravan display area at Auchengree, Lenzie Road, by Stepps. The 0.86 hectare site is within the Green Belt in the Strathkelvin Southern Area Local Plan 1983 and the Northern Corridor Local Plan (Finalised Draft) 2000.

Auchengree previously operated as a plant nursery, although the current owner’s primary business is the display, storage and distribution of caravans. The proposal is for the display and sale of individual large decorative rocks and for the display of samples of hard landscape surfaces (such as slate chips) within designed landscape settings. Caravan storage will be limited to a maximum of seven display caravans in a 41 0 square metre area within the site. There is a commitment to significant hard and soft landscaping within the site. The application allows for the future reuse of all or part of the site as a plant nursery.

It should be noted that planning permission has twice been refused for the sale and storage of caravans on the site. As outlined in the accompanying report, however, it is concluded that the planning position has changed since 1998 and that there are material considerations in favour of the application which outweigh any Green Belt policy objections. It is therefore recommended that planing permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That hard landscape items on site shall consist solely of individual decorative items for display and/ or uplift and display samples of surfacing materials with there being no bulk storage of items on site; all items shall be solely be for gardens and landscaped areas.

Reason: In the interests of amenity by ensuring that the hard landscape nursery is an attractive development which is compatible with the plant nursery and with the rural amenity of the area.

3. That caravans shall be for display only and shall be kept within the area shaded brown on the approved plan; for the avoidance of doubt there shall be no general storage or occupation of caravans on site.

Reason: In the interests of visual amenity by ensuring that the caravans are secondary to the plant/ hard landscape nursery.

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and the general area.

5. That within one year of the commencement of the approved development, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of planting, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and the general area.

Background Papers:

Application form and plans received 19th August 2004 Memo from NLC Community Services received 15th September 2004

Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459. APPLICATION N0. N/04/01487/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for the change of use of a former plant nursery to a plant and hard landscape nursery with a secondary caravan display area at Auchengree Nursery, Lenzie Road, by Stepps. The site’s current main use is caravan storage with there being 7 caravans at the last count, although previously there have been up to 20 caravans. A number of large decorative rocks are attractively positioned in hard landscape settings in a number of boundary locations. Previous low key plant nursery activity carried out by the current owner has now ceased, although the option remains open for this to restart.

1.2 The majority of the 0.86 hectare site is hard surfaced. Boundary screen planting of fast growing hedging has matured and is now over 3 metres in height. A shop/office/storage building is located on the south east corner of the site and a dwellinghouse associated with the site is on the southern boundary.

1.3 It is proposed to have a restricted 410m2 caravan display area within the site. This will accommodate up to 7 caravans which will be for display purposes only. General caravan storage will take place within the applicant’s caravan sites in Ayrshire.

1.4 At present the site is made up as follows :-

0 Hard surfacelcaravan storage area: 50% 0 Landscaping: 5% 0 Other: 45%

Under the current proposals the site would be divided as follows :-

0 Hard surface circulation space: 25% 0 Landscaped areas: 25% 0 Caravan display area: 5% 0 Other: 45%

2. National Planninn Guidance and Development Plan

2.1 National planning for development within the Green Belt is covered by Circular 24/1985 “Development in the Countryside and Greenbelts”. This Circular advises that there should be a presumption against inappropriate development in the Green Belt. The Circular specifies that the main purposes for Green Belt land are to maintain the identity of local settlements, to define physical boundaries, to prevent coalescence, to provide countryside for recreational or institutional purposes of various kinds and to maintain the landscape setting of communities.

2.2 The site is covered by the following policies in the Strathkelvin Southern Area Local Plan 1983.

0 E.PR02: the site is within the green belt and there should be no development unless required for agricultural, forestry or outdoor recreation subject to there being no adverse effect on the rural environment.

2.3 Under the emerging Northern Corridor Local Plan (Finalised Draft) 2000 the site is covered by the following policy.

0 ENV4: the site is within the Green Belt whereby there is a presumption against development unless required for agricultural, forestry, horticulture, countryside recreation or other uses only appropriate to a countryside location.

3. Planning History

3.1 Relevant planning history in chronological order is as follows :-

a Site used as plant nursery and garden centre since at least the 1970’s until the mid 1990’s. Site purchased by current owner in 1997 when nursery/garden centre use had already ceased. a Current owner demolishes most of redundant glasshouses and puts a hardcore surface over 50% of the site. a Caravan storage commences in early 1998 and the remaining glass house, storage buildings and polythene tunnels are used for sporadic low key nursery use. N/97/00298/FUL : Change of use of nursery to garden centre and storagelsale of caravans- refused March 1998 for Green Belt, amenity and precedent reasons. N/97/00299/OUT : Construction of dwellinghouse refused March 1998 for Green Belt, amenity and precedent reasons. a Enforcement Notice served in February 1999 requiring that all caravans and associated commercial vehicles be removed from the site and caravan trading activities cease. The Enforcement Notice was not complied with, but the matter was not pursued to the Procurator Fiscal as further applications and appeal opportunities had not been exhausted and negotiations continued to secured the establishment of a plant nursery. a N/99/00909/FUL: Change of use of nursery to nursery and caravan storage-refused October 1999 for Green Belt, amenity and precedent reasons. A planning appeal was dismissed with the Reporter commenting that caravan storage was not a normal ancillary activity to a nursery and that caravans were visible from a number of view points. He did, however, say that this latter point may change with the maturing of the boundary landscaping. N/00/00657/FUL: Construction of shoplofficelstorage building- granted September 2000. N/O1/00231/LUC: Plant nursery with subsidiary sale of plants and small ancillary garden goods(app1ication for Certificate of Lawful Use)-granted April 2001 . a N/O1/01467/AMD: Erection of shop/office/store for plant nursery (amendment to previous approval)(In retrospect)-granted February 2002. a Enforcement Notice issued in July 2003 requiring that all caravans be removed from the site and all caravan trading activities cease. The Enforcement Notice was not complied with but the matter was not referred to the Procurator Fiscal as negotiations were in hand with the applicant’s planning consultant concerning improvements to the site and a reduction in the caravan display area. The negotiations have resulted in the current application.

4. Consultations and Representations

4.1 NLC Community Services : No objections from a landscape design view point.

4.2 There are no objections from my Transportation Section.

4.3 The application has been advertised in the local press under the ‘potentially contrary to the development plan’ procedure. No objections have been received.

5.0 Planning Assessment and Conclusions 5.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997 applications require to be determined in accordance with the development plan unless material planning considerations dictate otherwise.

5.2 The caravan storage part of the development proposal does not accord with the terms of the development plan and contravenes the terms of previously issued Enforcement Notices and planning decisions. It is, however, considered that there are significant material circumstances which support the current balance of development proposals and which differentiate them from previous proposals.

e Boundary hedging I planting has now matured such that there is no view into the site from surrounding land. In particular there is no view of the existing caravans from the adjacent M80 motorway, from Lenzie Road, from more distant viewpoints to the north or from other public or private land. A recommended planning condition can require that the boundary planting be maintained and, if appropriate, enhanced.

e This application provides the opportunity to improve the internal appearance of the site by introducing a significant element of soft landscaping. For over six years the site has been finished in hardcore and more recently the majority of the site has been surfaced in tarmac. This has given the site a hard commercial appearance. In the last few months there has, however, been some improvement to the internal appearance of the site with a number of decorative large rocks being set within attractive slate chippings. Further improvements have been negotiated whereby there will be significant areas of planting within the site. This will soften the internal appearance of the site and render it more compatible with the rural location. The hard landscape items will also be attractive features.

Although the present caravan storage is unauthorised, there have been no objections to the caravans in the last five years and there have been no objections to the current application. The lack of public concern is probably due to the length of time that caravans have been on the site and the fact that they are screened from outside view. It is proposed through the current application that the recent reduction in the area occupied by caravans be continued such that they would only be on a limited 450 square metre area and be for display purposes only. This limited area would allow approximately seven caravans to be displayed. The applicant has stated that his caravan storage would compound will be in Ayrshire and that the Auchengree site would be to allow west central Scotland residents to view his caravan range. It is considered that the reduced caravan display area would allow the site to have a predominately nursery use, which is more acceptable in the local rural area. A recommended planning condition can limit the area to be occupied by the caravans.

5.3 It is recognised that even limited caravan display is contrary to Green Belt policy for the area although it is not uncommon for caravans to be stored at farm steadings throughout central Scotland.

5.4 It is considered, however, that the above mentioned factors of effective screening, the 'greening' of the site and a significant reduction in the area occupied by caravans are material considerations in favour of the application, which outweigh any Green Belt policy objection. It is therefore recommended that planning permission be granted. Application No: N/04/01525/FUL

Date Registered: 25th August 2004

Applicant : 02 (UK) Ltd Clo Stappard Howes 122 Dundyvan Road Coatbridge ML5 1DE

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 1DE

Development: Installation of 3 Antenna

Location: Carrickstone Water Tower, off Portland Road, Carrickstone Cum bernauld

Ward: 57: Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 275438 676126

File Reference: N/04/01525/FUL

Site History: 6 similar structures have been installed on the Water Tower under Permitted Development Rights N/04/01602/FUL: Installation of 3 Antenna, 3 Transmission Dishes and Equipment Cabinet - also being reported to this Committee.

Development Plan: The site is identified as being within an area for new housing (Policy HG5) of the Cum bernauld Local Plan, 1993

Contrary to Development Plan: No

Consultations:

Representations: 30 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This planning application proposes the addition of 3 new antennas to existing structures on top of Carrickstone Water Tower. The equipment is required by the applicant to provide 3G (third generation) coverage to the Eastfield Road and Cumbernauld Village areas of Cumbernauld. The proposed antennas would be at a height of 21.75 metres (the tower has a height of 18.9 metres). A number of letters of objection have been received on predominantly health grounds and visual amenity. However the application complies with policy guidance contained in N.P.P.G. 19 and Pan 62.

It is considered that, despite the objections received, the visual impact will not be so significant as would justify refusing planning permission and the necessary ICNIRP Declaration regarding levels of emissions has been provided. The applicant has also provided the required information on possible alternative sites. Accordingly, this application is recommended for approval.

The Committee should note that the Local Member has requested that this application be considered at a site visit and hearing.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That in the event that the equipment becomes redundant it must be wholly removed and the site reinstated within one month of the equipment becoming redundant.

Reason: To ensure reinstatement of the site to a satisfactory standard, in the interests of visual amenity

Background Papers:

Application form and plans received 25th August 2004

Letter from Councillor G Murray,PO Box 14, Civic Centre, Motherwell, MLI ITW received 7th September 2004. Letter from Mr John McCann,Secretary, Carrickstone Community Council, 16 North Berwick Avenue, Carrickstone, Cumbernauld, G68 OJQ received 8th September 2004. Letter from R Wallace & D J Wallace,l8 Glen Moriston Road, Cumbernauld, G68 OEU received 16th September 2004. Letter from Mr John McCann,Secretary, Carrickstone Community Council, 16 North Berwick Avenue, Carrickstone, Cumbernauld, G68 OJQ received 21st September 2004. Letter from Mrs Catherine Millar,26 Letham Grange, Westerwood, Cumbernauld, G68 OH2 received 28th SeDtem ber 2004. Letter from Mrs Georgina Lee,34 Letham Grange, Cumbernauld, G68 OHZ received 30th September 2004. Letter from Fiona O'Nei1,47 Lansdowne Drive, Cumbernauld, G68 received 30th September 2004. Letter from A W G Smith,31 Letham Grange, Carrickstone, Cumbernauld, G68 OHZ received 30th September 2004. Letter from Mrs Lorraine A Semple,40 Cathkin Crescent, Cumbernauld, G68 OFB received 1st October 2004. Letter from Mr Brian McCrossan,85 Cawder Road, Carrickstone, Cumbernauld, G68 OBF received 1st October 2004. Letter from Mrs lrene G Gilligan,7 Portland Road, Carrickstone, Cumbernauld, G68 OJN received 4th October 2004. Letter from J Riggans,33 Cathkin Crescent, Cumbernauld, G68 OFD received 6th October 2004. Letter from Mr & Mrs Davidson,ll Lansdowne Drive, Cumbernauld, G68 OJB received 13th October 2004. Letter from Mr James Tarrier,l3 Letham Grange, Westerwood, Cumbernauld, G68 OH2 received 13th October 2004. Letter from Mr Martin Hami11,76 Ranfurly Drive, Carrickstone, Cumbernauld, G68 ODS received 14th October 2004. Letter from Mrs Sandra Hami11,76 Ranfurly Drive, Carrickstone, Cumbernauld, G68 ODS received 14th October 2004. Letter from Kenneth Boyle And Heather Boyle,35 Letham Grange, Cumbernauld, G68 OH2 received 5th October 2004. Letter from Mark Pitchford,83 Cathkin Crescent , Carrickstone, Cumbernauld received 21st October 2004. Letter from Elizabeth And Graham Wilson,41 Lansdowne Drive , Carrickstone, Cum bernauld received 21st October 2004. Letter from Veronica Leonard,57 Cawder Road, Carrickstone, Cum bernauld received 21st October 2004. Letter from Bill Keith,5 North Berwick Avenue , Carrickstone, Cumbernauld received 21st October 2004. Letter from Mark Verna1,43 Cathkin Crescent , Carrickstone, Cumbernauld received 21st October 2004. Letter from Mr Paul Heron And Miss Fiona Kinsler,26 North Berwick Avenue , Carrickstone, Cum bernauld , G68 OJQ received 21st October 2004. Letter from Veronica Donohue,7 Lansdowne Drive, Carrickstone , Cumbernauld received 25th October 2004. Letter from Mr And Mrs J Carberry,59 Lansdowne Drive, Carrickstone , Cumbernauld received 25th October 2004. Letter from Allan Connal,69 Cawder Road, Carrickstone , Cum bernauld received 25th October 2004. Letter from Christopher Donohue,7 Lansdowne Drive, Carrickstone, Cumbernauld received 25th October 2004. Letter from Mr Thomas Foley,69 Cawder Road, Carrickstone, Cum bernauld received 25th October 2004. Letter from Barbara J.R. Wilson,55 Cathkin Crescent, Carrickstone, Cumbernauld received 22nd October 2004. Letter from Lorraine Semple,40 Cathkin Crescent, Carrickstone, Cumbernauld, G68 received 21st October 2004.

Any person wishing to inspect these documents should contact Graeme Lee at 01236 616474. APPLICATION NO. N/04/01525/FUL

REPORT

I. Description of Site and Proposal

1.1 Carrickstone Water Tower is a prominent landmark on the Cumbernauld skyline. The land surrounding the tower has been developed for housing, the most recent being the mixed development of houses and flats by Turnberry Homes on the land adjacent to the Portland Road. The inclusion of flats close to the tower has slightly lessened the visual prominence of the tower. At present there are a number of telecommunication structures on the top of the tower (6 in total) along with associated cabinets at ground level. The tower is 18.9 metres high and constructed in concrete. There is evidence of discolouration of the concrete.

1.2 The applicant proposes to add 3 new antenna to existing structures they currently have on top of the tower. The equipment is required by the applicant to provide 3G (third generation) coverage to the Eastfield Road and Cumbernauld Village areas of Cumbernauld

2. National Guidance and Development Plan

2.1 Of relevance in this instance is the guidance contained in NPPG 19, on Radio Telecommunications and PAN 62 on the Visual Impact of Telecommunications Development. The proposed development is considered to comply with this guidance. In terms of the precautionary approach, the applicant has provided the necessary ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro- magnetic radiation. Also, the applicant has considered other sites, but has concluded that rather than using new base stations it would be more appropriate to site share. PAN 62 specifically highlights water towers as being one of the preferred structures on which to locate telecommunications apparatus.

2.2 The Cumbernauld Local Plan does not have a Telecommunications Policy.

3. Representations

3.1 Councillor Gordon Murray objects to the planning application and requests that it be considered at a site visit and hearing. His concerns regarding the proposed development are also shared by the majority of the other objectors and can be summarised as follows :-

0 Scottish Water’s reluctance, over a lengthy period, to improve the appearance of the tower despite the considerable income they receive from this apparatus 0 The tower is festooned with telecommunications apparatus and the addition of further masts should be refused on visual amenity grounds

Comment : Scottish Water was made aware of these concerns and has indicated that there are no immediate plans to upgrade the appearance of the tower. This is a matter for Scottish Water and is something that is beyond the control of the applicant. in securing the rights to site their apparatus on the tower they are complying with the advice contained in national guidance. There are already a number of similar masts on the tower and it is considered that adding further antenna to existing structures will not be so injurious to visual amenity as would justify refusing planning permission.

Health concerns relating to a concentration of masts in the one location

Comment: The applicant has supplied the appropriate ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro-magnetic radiation. The applicant has also provided information regarding an alternative sites survey, which concludes that the site under consideration is the most appropriate site for the intended coverage. It has been widely established that, although public perception of health risks can be a material planning consideration at planning appeal, health concerns are not sufficient on their own to justify refusing planning permission - especially where it has been demonstrated that the proposed installation will comply with the ICNIRP guidelines.

0 Scottish Water’s rights of access over the access track are questioned. Scottish Water may not have rights to use this access track for telecommunication purposes.

Comment : This is a legal matter between Scottish Water and the owner of Carrickstone Cottage. Scottish Water advise that they are satisfied that they have appropriate legal rights to use the track.

3.2 Other points of objection are as follows:

Health :

0 The technology being used with these systems is not scientifically proven to be safe 0 Next to open space where children play 0 Concentration of signals to the detriment of those living around the site 0 Masts are designed to operate at higher frequencies 0 If granted NLC will be deliberately and recklessly endangering the health of local residents

Comment : As indicated above, the applicant has supplied the appropriate ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro-magnetic radiation

Amenity :

0 The additional masts will have a negative effect on property values 0 Additional masts will create an eyesore 0 With recent developments, the masts are now in close proximity to a centre of a densely populated area 0 Masts will look different to the existing 0 The applicant should be encouraged to install the masts in an area which is not surrounded by residential properties

Comment : Is should be noted that this proposal involves adding 3 new antenna to existing structures on the tower. This will have a minimal impact on the visual amenity of the area. At present there are 6 telecommunication structures on the tower and many of these have existed for some considerable time. Indeed, the existing masts predate many of the surrounding dwellings. It is unavoidable that the greatest demand for coverage is in urban areas and as a result it is not possible to avoid residential areas and maintain coverage. The applicant has looked at alternative locations, but has determined that, by siting the masts on the tower, greater coverage will be achieved meaning that there will be less need to install masts at other locations. It should be noted that the effect of development on property values is not a material planning consideration.

3.3 A number of proforma letters of objection (12 in total) were received and whilst they raised general health concerns in relation to the impacts on the health of those living around the tower the focus of the objection is related to so called TETRA masts. In this instance, the masts being installed are third generation (3G) masts which are compliant with the ICNIRP guidelines. 4. Planning Assessment and Conclusions

4.1 The proposed development involves adding 3 new antenna to existing structures that the applicant has on top of the tower. As a result, the visual impact is considered to be negligible. The applicant has provided the necessary ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro-magnetic radiation. Also, the applicant has considered other sites, but has concluded that, rather than using new base stations, it would be more appropriate to site share and add equipment to their existing structures. It should be noted that the guidance contained in PAN 62 identifies water towers as being one of the preferred structures on which to locate telecommunications apparatus.

4.2 With regards to Carrickstone Water Tower, there are already 6 existing telecommunications structures on top of the tower. It should also be noted that another application (N/04/01602/FUL) is being reported to this Committee. That development involves the erection of a further 3 structures on the tower to allow the installation of 3G equipment. Nevertheless, in terms of the impacts on visual amenity, it is not considered that three new antenna added to existing structures will be so significant as to justify refusing planning permission.

4.3 The tower itself could benefit from some upgrade, however this is beyond the control of the applicant. Scottish Water has confirmed that they do not have any immediate plans to upgrade the tower.

4.4 Despite the objections received, taking account of national planning policy guidance and the particular circumstances in this case it is recommended that planning permission be granted.

4.5 The Committee should note that the Local Member has requested that this application be considered at a site visit and hearing. Application No: N/04/01564/FUL

Date Registered: 2nd September 2004

Ap pl icant : Mr M Hawthorne Banton Loch House Colzium Kilsyth G65 OPY

Agent BDA Design 38 Wellpark Crescent Stirling FK7 9HF

Development: Construction of 3 Chalets

Location: Banton Loch House, Kilsyth

Ward: 66: Banton and Kilsyth East Councillor Tom Barrie

Grid Reference: 273432.678380.

File Reference: N/04/01 564/F UL

Site History:

Development Plan: The site is covered by Greenbelt policies and is a Site of Importance for Nature Conservation in the Kilsyth Local Plan 1999.

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (Comments) Scottish Water (Com ments) Historic Scotland (Comments) West of Scotland Archaeology Service (Comments)

Representations: 1 Representation Letter

Newspaper Advertisement: 8'h September 2004

Comments:

This application is for the construction of three holiday chalets at land to the south of Banton Loch House, Colzium, by Kilsyth. One letter of representation has been received from a neighbour, the points of which are outlined in the accompanying report.

It is considered that the proposal is contrary to the Greenbelt policies of the Kilsyth Local Plan 1999 and it is recommended that planning permission be refused. ,..~, I \., , i Spelrs Islam it, i ',. i Recommendation: Refuse for the Following Reasons:-

1. In the interests of amenity and the proper planning of the area in that the proposed chalets would constitute inappropriate new development in the Greenbelt, and as such would be contrary to the Kilsyth Local Plan 1999 and Circular 24/1985 "Development in the Countryside and Green Belts".

2. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse similar applications.

Background Papers:

Application form and plans received 2nd September 2004

Letter from Scottish Natural Heritage received 8th October 2004 Letter from Scottish Water received 20th September 2004 Letter from Historic Scotland received 13th October 2004 Letter from West Of Scotland Archaeology Service received 13th October 2004

Letter from Mr John Freebairn, Ferni-Brae, Colzium, Stirling Road, Kilsyth, G65 OPY received 23rd September 2004.

Kilsyth Local Plan 1999 SDD Circular 24/1985 Development in the Countryside and Green Belts NPPG 15 Rural Development

Any person wishing to inspect these documents should contact Mrs.Devlin at 01236 616463. APPLICATION NO. N/04/01564/FUL

REPORT

1. Description of Site and Proposal

1.I This application is for the construction of 3 chalets at Banton Loch House, Colzium, Kilsyth. The site is south of Banton Loch House and north of Lochend Cottage. The site is bounded to the west and east by a privately owned single track road. South east of the site sits the nationally important protected monument known as Castle Hill Motte while to the east is Banton Loch.

1.2 The chalets are proposed on scrub land that sits at a lower level than the adjacent curtilage of Banton Loch House facing south towards Woodend Cottage.

Development Plan

2.1 Under the Kilsyth Local Plan 1999 the site is covered by the following policies

0 GBI-4: Greenbelt Policy GB2 states ” .... there will be a presumption against new development in the Greenbelt unless required for agriculture, forestry, horticulture, nature conservation, appropriate countryside recreation and tourism dependant upon a countryside location . ..”.

0 Countryside Recreation and Tourism Policy CTI is also relevant. This states “The Council will seek to enhance and expand tourism through the improvement of existing visitor attractions and infrastructure, such as sign posting and interpretation facilities, identifying potential sites, and by encouraging and promoting new visitor attractions within the plan area, provided that these proposals are sympathetically designed and there is no significant loss of amenity to the surrounding area and are consistent with appropriate local plan policies”.

0 NE9 states “There will be a general presumption against development which could affect could affect the Sites of Importance for Nature Conservation...... Where development is to be approved which could affect such a site, the Council will seek to ensure that the interests for which the site has been designated are adequately protected and to provide for suitable replacement habitats where damage is unavoidable”.

2.2 Relevant national planning guidelines are as follows

0 Scottish Development Department Circular 24/1985: Development in the countryside and Greenbelts - “The then Secretary of State (now Scottish Ministers) attaches great importance to the need to preserve the existing designated Greenbelts and to the need to establish confidence in their permanence. Development within designated Greenbelts should continue to be strictly controlled. Prospects for the achievement of these objectives can best be enhanced by the incorporation of appropriate control policies in development plans. (Paragraph 6). The three main purposes of Greenbelts are to :- 1) maintain the identity of towns by establishing a clear definition of their physical boundaries and preventing coalescence; 2) provide countryside for recreation and institutional purposes of various kinds; and 3) maintain the landscape setting of towns. (Annex Paragraph 3)”

0 National Planning Policy Guideline 15: Rural Development (See para. 4.7) 3. Consultations and Reoresentations

3.1 Scottish Water state there is an existing public water main located in the street adjacent to the site which may be suitable to provide a supply to the proposed development. A 12” water main is located within the site. There are no known sewers to which a connection can be made from the proposed development, therefore drainage will require to be treated by septic tank or other suitable treatment system to the satisfaction of SEPA.

3.2 My Protective Services Section have requested that If approved, a site investigation survey be carried out prior to work beginning on site in accordance with the requirements of British Standard Code of Practice BSI0175 2001 as the site is 20 metres from an old mineral railway, 170 metres from a former mine and 230 metres from a former marshalling yard.

3.3 Scottish Natural Heritage have raised concerns over the physical and visual impact of any development on the woods and parklands of the Colzium-Margaret Lennox Memorial Estate Site of Importance for Nature Conservation (SINC) and on the hydrological and recreational value of Banton Loch SINC. While no objection is lodged to the proposal, it is requested that if approved, a number of conditions relating to issues such as site management, habitat surveys and protection of trees be attached.

3.4 West of Scotland Archaeology Service considers that the general setting of the Castle Hill Motte is unlikely to be seriously affected by the proposal. The views outward from the monument are also unlikely to be further compromised. It is suggested that if approved, a condition requiring an archaeological watching brief would ensure that the developer builds into the construction works a methodology to address the possibility of archaeological survival within the site, and that such remains would be recorded before their destruction.

3.5 Historic Scotland state that given the low-intensity nature of the proposal there is no objection, although the close proximity of the easternmost chalet to the Castle Hill Motte is raised as being an issue.

3.6 My Transportation Section has no objections to the proposal subject to the need for conditions relating to the widening of the access track to permit two-way traffic, sufficient parking provision per chalet and the need for additional hardstanding for the turning of service vehicles.

3.7 This application was subject to the normal neighbour notification procedures and was also advertised in the local press as being potentially contrary to the Greenbelt policies of the local plan. One letter of objection was received from a neighbour, the main points of which are summarised as follows:-

4 The development is not within the existing boundary or garden of Banton Loch House.

Comment: It is agreed that the proposal is not within the curtilage of Banton Loch House, but directly adjacent.

4 The pathways either side of the site are owned by Sir Archibald Edmonstone of Duntreath Castle, Blanefield who has not been neighbour notified of the proposal.

Comment: The applicant was contacted to inform him of the omission from the neighbour notification process and has since confirmed that Sir Archibald Edminstone has been formally notified. + The development appears to straddle a 12” water main that runs through the site.

Comment: Scottish Water has confirmed that a 12” water main runs through the site.

+ The water level in the loch is higher than parts of the site and the objector’s garden, which at times has standing water. The passage of the water through the site could become contaminated with the introduction of a soakaway.

Comment: As there are no know sewers to which a connection can be made a bio disc mini sewage treatment plant is proposed. This would have to satisfy SEPA’s requirements and ensure there would be no potential of contamination of adjacent land.

+ The proposed use of concrete tiles is inappropriate for the location.

Comment: While a slate or slate alternative tile would be more appropriate, neither the site nor the single storey chalets would be highly visible.

+ The layout is too formal and should be set in a circular formation round the hill.

Comment: It is considered that the layout is acceptable from a planning viewpoint.

+ There is concern that there would be noise disturbance caused by antisocial behaviour and smells emanating from barbecues.

Comment: Any antisocial behaviour would be a policing matter. Cooking smells would not be a serious enough issue to warrant refusal of the application.

+ The increased traffic using the pathway over which the site has no right of access, combined with the poor visibility at the junction with the path to the loch, are of concern.

Comment: My Transportation Section has raised no concerns that cannot be covered by conditions. The fact that there is no right of access over the path is a legal matter and not a material planning consideration.

+ The proposal would obstruct the objector’s view of Banton Loch.

Comment: There is no entitlement to a view under planning legislation.

+ The proposal is contrary to the local plan.

Comment: It is agreed that the proposal is contrary to the Greenbelt policies of the Kilsyth Local Plan 1999.

+ If approved, the proposal would disturb wildlife, especially deer that regularly cross and graze on the site.

Comment: Most development has some level of impact on the natural environment. However, if approved, Scottish Natural Heritage has requested a habitat survey for any species that receive statutory protection. 4. Planning Assessment and Conclusions

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

Development Plan and National Planning Guidelines :

4.2 The proposed development is contrary to Greenbelt policy within the Kilsyth Local Plan in that it is not “required” for countryside recreation and tourism dependant upon a countryside location. Tourists can enjoy local attractions such as the Forth and Clyde Canal without needing to stay in the proposed chalets. The proposal is also contrary to national Greenbelt policy as covered in Circular 24/1985.

4.3 The proposal is not supported by Countryside Recreation and Tourism Policy CTI which promotes new visitor attractions, but only when there is no significant loss of amenity and the visitor attractions are consistent with appropriate local plan policies such as Greenbelt policy.

4.4 The planning of tourist I user facilities in the North Lanarkshire stretch of the Forth and Clyde Canal is based on the Forth and Clyde Canal Local Plan and is taken forward by the North Lanarkshire Millennium Link Group (of which North Lanarkshire Council is member) which supports development at Auchinstarry Basin. The Auchinstarry Basin development that is under construction links into Structure Policies SP1 and SP5 which seek to promote and manage the Forth and Clyde Canal Millennium Link Corridor. The Auchinstarry Basin proposal is also designed to give most benefit to Kilsyth and Croy.

4.5 Although the application site is just outwith the boundaries of the Forth and Clyde Canal Local Plan it should be noted that the keys aims of this Plan are

0 to propose a combination of recreational and amenity uses for the canal and its environment, 0 to provide for an increase in use, 0 to identify priority areas for environmental improvement for recreational amenity and possible commercial developments, 0 to promote the restoration of navigation along the length of the canal, and 0 to protect it from decline in the future.

4.6 It is considered that the above objectives are promoted in North Lanarkshire by the identification of Auchinstarry Basin for further development and Craigmarloch Stables for possible tourist related conversion. The proposal, while relatively small in scale, will detract from these specified developments.

4.7 National Planning Policy Guideline 15 “Rural Development” is generally supportive of recreational activities and rural development while making it clear that rural development must accord with the development plan (NPPG 15 - Paragraph 26).

4.8 Local Amenity :It is considered that the proposed chalets will have a minimal impact on the appearance of this area due to the fact that the site is at a low level and is in a secluded setting. While Historic Scotland and West of Scotland Archaeology Service both raised concerns because of the close proximity of the scheduled ancient monument Castle Hill Motte, neither body formally objected. While the site is within a designated Site of Importance for Nature Conservation, Scottish Natural Heritage offered no objection subject to conditions relating to site management and the need for a habitat survey. 4.9 Tourism hues .- Key issues include whether or not there is a case for new tourist accommodation in rural locations. Furthermore, would new build tourist accommodation at the application site set a precedent for further development at other rural locations? The fact that an outline application for a chalet and caravan park was approved subject to the conclusion of a Section 75 legal agreement at nearby Woodend Farm must be taken into consideration. Is there therefore the need for further tourist accommodation in the Kilsyth area?

4.10 It is considered that the correct means of taking a view on the above issues is through the local plan process. This will allow for public participation and debate on the question of tourism.

4.1 1 In conclusion, approval of the proposed chalets will set a precedent for other developments in rural Greenbelt locations to the general detriment of the setting of Kilsyth and would be contrary to the policies of the local plan and national planning guidance. The applicant has submitted no special circumstances which would allow a departure from established planning policy in this case, and it is recommended that permission be refused. Application No: N/04/01600/FUL

Date Registered: 7th September 2004

Applicant: Z Ali Broomlands Gate Lewis Crescent lrvine KA1 IHB

Agent Grant Murray Architects 30 Bell Street Glasgow G1 ILG

Development: Construction of 20 Dwellinghouses

Location: Land to the Rear of Seafar House, Allanfauld Road, Cumbernauld

Ward: 54: Seafar and The Village Councillor Neil McCallum

Grid Reference: 276003675247

File Reference: N/04/01600/FUL

Site History: N/O1/01450/0UT Residential Development and Road Construction Granted : 1st May 2002

N/04/00135/REM Construction of 20 Dwellings Withdrawn : 16th July 2004

Development Plan: The site is covered by residential policies in the adopted Cum bernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations: NLC Community Services (No Objection) NLC Housing and Property Services (No Response) S.E.P.A.(West) (No Response) Scottish Water (Objection) British Gas Transco (No Objections) Scottish Power (No Objections)

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

The applicants propose to construct 20 detached dwellinghouses on this vacant site. The site lies within a residential area and outline planning permission was granted for residential development in May 2002. An additional area of land has since been added to the site.

Representations were received form two notified neighbours and a number of concerns were raised by consultees. Some of these have been addressed by the submission of amended plans, whilst the remainder can be addressed through the imposition of planning conditions. It is therefore recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interest of the visual amenity of the site and the surrounding area.

3. 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 all earth moulding, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of all hard landscaping, including site and plot boundary treatments, retaining walls and road, footpath and driveway finishes (e) details of the phasing of these works.

Reason: To enable the Planning Authority to consider these aspects in the interest of the visual amenity of the site and the surrounding area.

4. That within one year of the occupation of the 5'h last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 3 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interest of the visual amenity of the site and the surrounding area.

5. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of all communal areas of hard and soft landscaping and communal parking, and footpaths.

Reason: In the interest of the visual amenity of the site and the surrounding area.

6. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 5 shall be in operation. Reason: To safeguard the amenity of future residents of the development hereby permitted.

7. That before the development hereby permitted starts, tree protection measures designed to protect all mature trees bordering the site and in accordance with British Standard BS 5837 ("Trees in Relation to Construction") shall be in place and shall not be removed without the prior approval in writing of the Planning Authority.

Reason: In the interests of the visual amenity of the site and the surrounding area.

8. That before any of the dwellinghouses hereby permitted, is occupied, all fences and walls defining the boundaries of the plot, as approved under the terms of Condition 3, shall be completed.

Reason: In the interest of the visual amenity of the site and the residential amenity of the future occupants of the dwellings hereby permitted.

9. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principles of Sustainable Urban Drainage Systems.

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

10. That the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the plot and no commercial activity shall be carried out, in, or from, the garage.

Reason: To safeguard the residential amenity of the area

11. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

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

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

13. That before the development hereby permitted starts, a scheme detailing the following shall be submitted to, and approved in writing by the Planning Authority: (a) the proposed location(s) for the site compound, (b) the proposed location(s) for any temporary storage mounds, and (c) the intended location of staff parking. Reason: To enable the Planning Authority to consider these aspects in the interests of road safety and residential amenity.

14. That as soon as is reasonably practicable following the start of the development hereby permitted, the site compound shall be formed on site in accordance with the details approved under the terms of Condition 13, and thereafter the unloading of all vehicles and materials, parking of vehicles belonging to site staff and storage of materials shall take place within the application site.

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

15. That as soon as is reasonably practicable at the end of each working day or as may otherwise be necessary during the course of the working day, the developer shall sweep or otherwise clear away any mud or similar material, which has been carried out on to the surrounding road network by vehicles leaving the site during the construction of the development.

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

16. That before the development hereby permitted starts full details of the layout, design and construction of the link between the site and the section of Allanfauld Road which has been adopted by the Council for maintenance purposes, shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the vehicular and pedestrian facilities shall comply with current Council Guidance in terms of their geometry, layout, alignment and construction details.

Reason: To enable the Planning Authority to consider these aspects in the interests of traffic and pedestrian safety.

17. That before any of the dwellinghouses hereby permitted is occupied, all of the road works approved under the terms of Condition 17 shall be completed.

Reason: In the interests of traffic and pedestrian safety.

18. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, as specified in their letter dated 11th October 2004, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements.

NOTE TO COMMITTEE

If this application is granted a footpath closure and diversion order under Section 208 of the Town and Country Planning (Scotland) Act 1997 is required to allow the development to proceed.

Background Papers:

Application form and plans received 7th September 2004 Letter from Grant Murray Archite4cts received 11th October 2004 Letter from Scottish Wildlife Trust,5/7 Napier Way, Wardpark, Cumbernauld, G67 OEH received 20th September 2004. Amended plans received 5th November 2004

Memo from NLC Planning and Environment Roads Service Manager received 23rd October 2004 Memo from NLC Planning and Environment Geotechnical Team received 16th September 2004 Memo from NLC Planning and Environment Protective Services received 23rd September 2004 Memo from NLC Community Services received 20th September 2004 Letter from Scottish Water received 13th October 2004 Letter from British Gas Transco received 13th September 2004 Letter from Scottish Power received 28th September 2004

Letter from Freedom City Church, Seafar House, Allanfauld Road, Cumbernauld, received 10th September 2004. Letter from Scottish Wildlife Trust,5/7 Napier Way, Wardpark, Cumbernauld, received 20th September 2004.

Any person wishing to inspect these documents should contact Mary Stewart at 01 236 616473. APPLICATION NO. N/04/01600/FUL

REPORT

1. Description of Site and Proposal

1.I The site sits behind Seafar House, with which it shares an access from Allanfauld Road. The site slopes steeply down from the access and away from Seafar Road. It was originally occupied by a licensed restaurant, with a car parking area right at the bottom of the site.

1.2 Whilst the site has been vacant for many years, the original access and parking area are still in existence. Public footpaths border the site on the northern and eastern boundaries and a public footpath which originally connected to the licensed premises cuts through the centre of the site. To the north, east and west of the site are areas of mature woodland.

2. Development Plan and Site History

2.1 The site is covered by Policy HG4 in the adopted Cumbernauld Local Plan, which aims to protect the amenity of existing residential areas.

2.2 Outline planning permission was granted for residential development of the site in May 2002. A subsequent reserved matters application for the construction of 20 dwellings on the site was withdrawn in July 2004. The current application site includes a small area of ground additional to that which was the subject of these earlier applications.

3. Consultations and Representations

3.1 British Gas Transco and Scottish Power had no objections and indicated the positions of their apparatus. North Lanarkshire Council’s Director of Community Services also had no objections to the proposals.

3.2 No response was received from NLC Housing and Property Services. Whilst the Scottish Environment Protection Agency also failed to respond, they have indicated in relation to the two previous applications that drainage for the development should comply with the principles of Sustainable Urban Drainage Systems. They have also indicated that negotiations with the agent to achieve a sustainable drainage layout are fairly well advanced. Planning conditions can be imposed to ensure compliance with these requirements

3.3 Scottish Water objected to the proposal. However, they also advise that the objection would be removed if the developer agrees to meet the costs of the increase in capacity of Scottish Water’s existing infrastructure to accommodate their development and promotes a scheme that does not compromise the quality and quantity of discharge from the existing sewerage system and which is in terms satisfactory to Scottish Water.

3.4 My Transportation Section expressed a number of concerns in relation to the plot layouts, visitor parking provision and the footpath layout, which have been addressed by the submission of amended proposals. In addition they raised concerns regarding the need to improve the section of the access to the site which is shared with Seafar House and the need to improve visibility at the Seafar House car park access. These concerns can be satisfactorily addressed through the imposition of planning conditions. The need to promote closure Orders for two sections of public footpath within the site was also highlighted.

3.5 Freedom City Church, who occupy Seafar House, expressed concerns in relation to the proposed treatment of the section of the access from Allanfauld Road which they share with the development.

3.6 The Scottish Wildlife Trust objected to the proposals on the grounds of the potential impact of the development on the adjacent mature forestry. They consider that up to 30 metres of woodland would have to be felled and replanted to allow development to proceed. In addition they express concern that unauthorised access to the woodland will increase as a result of the housing development.

4. Planning Assessment and Conclusions

4.1 The proposal accords with the adopted the Cumbernauld Local Plan. In addition, the principle of the acceptability of the proposed use on the major area of this site was established by the approval of the outline planning application by the Council in May 2002.

4.2 The majority of the concerns of both consultees and objectors have either been addressed by the submission of amended plans, or can be satisfactorily addressed through the imposition of planning conditions.

4.3 The remaining concern is the effect of the development on surrounding woodland. To the south and east of the site the woodland is separated from the site by existing public footpaths which are not directly affected by the proposals, although a closure order may be sought in relation to the eastern path which would be superfluous on completion of the development. At the southern edge of the site the housing is at least 14 metres from the woodland area at the closest point, being separated from it by both the proposed road and the existing footpath.

4.4 On one plot only, the proposed housing will be 3 metres from the mature woodland on the western edge of the site, whilst the remainder would be at least 8 metres from the woodland area. Protection measures for all of the trees during the construction of the development can be secured through the imposition of planning conditions. The imposition of planning conditions can also ensure the construction of adequate boundary treatments to discourage unauthorised access to the woodland areas.

4.5 The proposed housing layout is acceptable and utilises house types which make imaginative use of this steeply sloping site. Whilst some of the front garden depths are less than required by the Council’s Open Space Guidelines, adequate parking facilities are provided within the plots and there are no dwellings on the other side of the road. Rear garden depths mainly comply with the requirements of the Guidelines and where they fall short no overlooking problems are created. These plots also meet the minimum standard in terms of the amount of open space provided. It is therefore recommended that planning permission is granted. Application No: N/04/01602/FUL

Date Registered: 8th September 2004

Applicant: Hutchison 3G (UK) Ltd C/o Mono Consultants Ltd 1/8 St Vincent Street Glasgow G2 5TS

Agent Mono Consultants Ltd 1/8 St Vincent Street Glasgow G2 5TS

Development: Installation of 3 Antenna, 3 Transmission Dishes and Equipment Cabinet

Location: Carrickstone Water Tower, off Portland Road, Carrickstone Cum bernauld

Ward: 57: Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 275438 676126

File Reference: N/04/01602/FUL

Site History: 6 similar structures have been installed on the Water Tower under Permitted Development Rights N/04/01525/FUL: installation of 3 Antenna on existing structures - also being reported to this committee.

Development Plan: The site is identified as being within an area for new housing (Policy HG5) of the Cumbernauld Local Plan, 1993

Contrary to Development Plan: No

Consultations:

Representations: 31 Representation Letters (including letters from the Local Member and the Community Council) Newspaper Advertisement: Not Required

Comments:

This planning application proposes the installation of 3 new structures on top of Carrickstone Water Tower, attached to each will be an atennna and a transmission dish. A new equipment cabinet will be required at ground level. The equipment is required by the applicant to provide 3G (third generation) coverage to the Eastfield Road and Cumbernauld Village areas of Cumbernauld. The proposed antennas would be at a height of 21.6 metres (the tower has a height of 18.9 metres). A number of letters of objection have been received on predominantly health grounds and visual amenity. However the application complies with policy guidance contained in N.P.P.G. 19 and Pan 62.

It is considered that, despite the objections received, the visual impact will not be so significant as would justify refusing planning permission and the necessary ICNIRP Declaration regarding levels of emissions has been provided. The applicant has also provided the required information on possible alternative sites. Accordingly, this application is recommended for approval.

The Committee should note that the Local Member has requested that this application be considered at a site visit and hearing.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That in the event that the equipment becomes redundant it must be wholly removed and the site reinstated within one month of the equipment becoming redundant.

Reason: To ensure reinstatement of the site to a satisfactory standard, in the interests of visual am en ity

Background Papers:

Application form and plans received 7th September 2004

Letter from The Radio Communications Agency received Letter from Councillor Gordon Murray received

Letter from Mr John McCann,Secretary, Carrickstone Community Council, 16 North Berwick Avenue, Carrickstone, Cumbernauld, G68 OJQ received 8th September 2004. Letter from Councillor Gordon Murray,PO Box 14, Civic Centre, Motherwell, MLI ITW received 14th September 2004. Letter from R Wallace & D J Wallace,l8 Glen Moriston Road, Cumbernauld, G68 OEU received 16th September 2004. Letter from Mr David Mitchel1,Carrickstonehill Cottage, 1 Portland Road, Cumbernauld, G68 OJN received 16th September 2004. Letter from Mrs Catherine Millar,26 Letham Grange, Westerwood, Cumbernauld, G68 OHZ received 28th September 2004. Letter from Mrs Georgina Lee,34 Letham Grange, Cumbernauld, G68 OHZ received 30th September 2004. Letter from Fiona O'Nei1,47 Lansdowne Drive, Cumbernauld, G68 received 30th September 2004. Letter from A W G Smith,31 Letham Grange, Carrickstone, Cumbernauld, G68 OHZ received 30th September 2004. Letter from Mrs Lorraine A Semple,40 Cathkin Crescent, Cumbernauld, G68 OFB received 1st October 2004. Letter from Mr Brian McCrossan,85 Cawder Road, Carrickstone, Cumbernauld, G68 OBF received 1st October 2004. Letter from Mrs lrene G Gilligan,7 Portland Road, Carrickstone, Cumbernauld, G68 OJN received 4th October 2004. Letter from J Riggans,33 Cathkin Crescent, Cumbernauld, G68 OFD received 6th October 2004. Letter from Mr & Mrs Davidson,ll Lansdowne Drive, Cumbernauld, G68 OJB received 13th October 2004. Letter from Mr James Tarrier,l3 Letham Grange, Westerwood, Cumbernauld, G68 OHZ received 13th October 2004. Letter from Mr Martin Hami11,76 Ranfurly Drive, Carrickstone, Cumbernauld, G68 ODS received 14th October 2004. Letter from Mrs Sandra Hami11,76 Ranfurly Drive, Carrickstone, Cumbernauld, G68 ODS received 14th October 2004. Letter from Kenneth Boyle And Heather Boyle,35 Letham Grange, Cumbernauld, G68 OHZ received 5th October 2004. Letter from Lorraine Semple,40 Cathkin Crescent, Carrickstone, Cumbernauld, G68 received 25th October 2004. Letter from Mr & Mrs J Carberry,59 Lansdowne Drive, Carrickstone , Cumbernauld, G68 received 25th October 2004. Letter from Bill Keith,5 North Berwick Avenue, Carrickstone, Cumbernauld, G68 received 21st October 2004. Letter from Veronica Leonard,57 Cawder Road, Carrickstone, Cumbernauld, G68 received 21st October 2004. Letter from Elizabeth & Graham Wilson,41 Lansdowne Drive, Carrickstone, Cum bernauld, G68 received 21st October 2004. Letter from Mark Pitchford,83 Cathkin Crescent, Carrickstone, Cumbernauld, G68 received 21st October 2004. Letter from Allan Connal,69 Cawder Road, Carrickstone, Cumbernauld, G68 received 25th October 2004. Letter from Veronica Donohue,7 Lansdowne Drive, Carrickstone, Cum bernauld, G68 received 25th October 2004. Letter from Mr Paul Heron & Miss Fiona Kinsler,26 North Berwick Avenue, Carrickstone, Cumbernauld, G68 OJQ received 21st October 2004. Letter from Mark Verna1,43 Cathkin Crescent, Carrickstone, Cumbernauld, G68 received 21 st October 2004. Letter from Mr Thomas Foley,69 Cawder Road, Carrickstone, Cumbernauld, G68 received 25th October 2004. Letter from Christopher Donohue,7 Lansdowne Drive, Carrickstone, Cum bernauld, G68 received 25th October 2004. Letter from Barbara Wilson,55 Cathkin Crescent, Carrickstone, Cumbernauld, G68 OFD received 22nd October 2004.

Any person wishing to inspect these documents should contact Graeme Lee at 01 236 616474. APPLICATION NO. N/04/01602/FUL

REPORT

Description of Site and Proposal

Carrickstone Water Tower is a prominent landmark on the Cumbernauld skyline. The land surrounding the tower has been developed for housing, the most recent being the mixed development of houses and flats by Turnberry Homes on the land adjacent to the Portland Road. The inclusion of flats close to the tower has slightly lessened the visual prominence of the tower. At present there are a number of telecommunication structures on the top of the tower (6 in total) along with associated cabinets at ground level. The tower is 18.9 metres high and constructed in concrete. There is evidence of discolouration of the concrete.

The applicant proposes the installation of 3 new structures similar to those currently on the tower, attached to each will be an antennna and a transmission dish. A new equipment cabinet will be required at ground level. The equipment is required by the applicant to provide 3G (third generation) coverage to the Eastfield Road and Cumbernauld Village areas of Cumbernauld

National Guidance and Development Plan

Of relevance in this instance is the guidance contained in NPPG 19, on Radio Telecommunications and PAN 62 on the Visual Impact of Telecommunications Development. The proposed development is considered to comply with this guidance. In terms of the precautionary approach, the applicant has provided the necessary ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro- magnetic radiation. Also, the applicant has considered other sites, but has concluded that rather than using new base stations it would be more appropriate to site share. PAN 62 specifically highlights water towers as being one of the preferred structures on which to locate telecommunications apparatus.

The Cumbernauld Local Plan does not have a Telecommunications Policy.

Representations

Councillor Gordon Murray objects to the planning application and requests that it be considered at a site visit and hearing. His concerns regarding the proposed development are also shared by the majority of the other objectors and can be summarised as follows :-

0 Scottish Water’s reluctance, over a lengthy period, to improve the appearance of the tower despite the considerable income they receive from this apparatus 0 The tower is festooned with telecommunications apparatus and the addition of further masts should be refused on visual amenity grounds

Comment : Scottish Water was made aware of these concerns and has indicated that there are no immediate plans to upgrade the appearance of the tower. This is a matter for Scottish Water and is something that is beyond the control of the applicant. In securing the rights to site their apparatus on the tower they are complying with the advice contained in national guidance. There are already a number of similar masts on the tower and it is considered that adding further masts will not be so injurious to visual amenity as would justify refusing planning permission.

0 Health concerns relating to a concentration of masts in the one location

Comment : The applicant has supplied the appropriate ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro-magnetic radiation. This declaration covers not only the proposed installation but also the existing apparatus on the tower. The applicant has also provided information regarding an alternative sites survey, which concludes that the site under consideration is the most appropriate site for the intended coverage. It has been widely established that, although public perception of health risks can be a material planning consideration at planning appeal, health concerns are not sufficient on their own to justify refusing planning permission. Especially where it has been demonstrated that the proposed installation will comply with the ICNIRP guidelines.

0 Scottish Water’s rights of access over the access track are questioned. Scottish Water may not have rights to use this access track for telecommunication purposes.

Comment : This is a legal matter between Scottish Water and the owner of Carrickstone Cottage. Scottish Water advise that they are satisfied that they have appropriate legal rights to use the track.

3.2 Other points of objection are as follows :-

Health :

0 The technology being used with these systems is not scientifically proven to be safe 0 Next to open space where children play 0 Concentration of signals to the detriment of those living around the site 0 Masts are designed to operate at higher frequencies If granted NLC will be deliberately and recklessly endangering the health of local residents

Comment : As indicated above the applicant has supplied the appropriate ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro-magnetic radiation

Amenity :

The additional masts will have a negative effect on property values 0 Additional masts will create an eyesore With recent developments, the masts are now in close proximity to a centre of a densely populated area 0 Masts will look different to the existing 0 The applicant should be encouraged to install the masts in an area which is not surrounded by residential properties

Comment: Is should be noted that there are currently 6 similar structures on the tower and many of these have existed for some considerable time. Indeed, the existing masts predate many of the surrounding dwellings. The proposed structures will look similar to the existing apparatus on the tower. It is unavoidable that the greatest demand for coverage is in urban areas and as a result it is not possible to avoid residential areas and maintain coverage. The applicant has looked at alternative locations, but has determined that, by siting the masts on the tower, greater coverage will be achieved meaning that there will be less need to install masts at other locations. It should be noted that the effect of development on property values is not a material planning consideration.

3.3 A number of proforma letters of objection (12 in total) were received and whilst they raised general health concerns in relation to the impacts on the health of those living around the tower the focus of the objection is related to so called TETRA masts. In this instance, the masts being installed are third generation (3G) masts which are compliant with the ICNIRP guidelines. 4. Planning Assessment and Conclusions

4.1 It is considered that the proposed development is acceptable in planning terms. The applicant has provided the necessary ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro-magnetic radiation. Also, the applicant has considered other sites, but has concluded that rather than using new base stations it would be more appropriate to site share. It should be noted that the guidance contained in PAN 62 identifies water towers as being one of the preferred structures on which to locate telecommunications apparatus.

4.2 With regards to Carrickstone Water Tower, there are already 6 existing telecommunications structures on top of the tower. It should also be noted that another application (N/04/01525/FUL) is being reported to this Committee. That development involves the upgrade of existing structures on the tower by the addition of 3G equipment to them. Nevertheless, in terms of the impacts on visual amenity, it is not considered that three additional structures will be so significant as to justify refusing planning permission.

4.3 The tower itself could benefit from some upgrade, however this is beyond the control of the applicant. Scottish Water has confirmed that they do not have any immediate plans to upgrade the tower.

4.4 Despite the objections received, taking account of national planning policy guidance and the particular circumstances in this case it is recommended that planning permission be granted.

4.5 The Committee should note that the Local Member has requested that this application be considered at a site visit and hearing. Application N/04/01697/FUL No:

Date Registered: 29th September 2004

Applicant: Mr & Mrs J Brady 5 Blairdenan Avenue Moodiesburn Glasgow G69 OJT

Agent KWC Architectural Services 9A Lowndes Street Barrhead G78 2QX

Development: Extension to a Dwellinghouse

Location: 5 Blairdenan Avenue, Moodiesburn

Ward: 67: Moodiesburn East and Blackwood West Councillor William Hogg

Grid Reference: 270012.671 514.

File Reference: N/04/01697/FUL

Site History:

Development Plan: The property is covered by residential Policies in the Northern Corridor Local Plan (Finalised Draft) 2000

Contrary to Development No Plan:

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This planning application is for a rear extension to 5 Blairdenan Avenue, Moodiesburn. The property is semi-detached and set within an established estate. There has been one letter of representation received in connection with this proposal, the particulars of which are commented on in my report. Having considered the applicant’s proposal and the letter of objection, it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission. 'rsduccd by 'lanning and Envilsnment Department N'041016971FUL lhming Hour. Mr & Mrs J Brady Tryst Road .UMBERNAULD 5 Blairdenan Avenue, Moodiesburn ;e7 1 JW Extension to a Dwellinghouse ReD re s e nt ation 'e/ 01238818210 Fix 01231 618232 * Thiscopy has bean prodmad specifically for the Map Return Schema purposes only 15 Licence 100023389 2004 NOfurther copies may be made Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

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

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 29th September 2004

Letter from Mrs Tate, 7 Blairdenan Avenue, Moodiesburn, G69 ITB received 7th October 2004.

Any person wishing to inspect these documents should contact Craig Maclnnes at 01236 61 6464. APPLICATION NO. N/04/01697/FUL

REPORT

Description of Site and Proposal

The site is a semi-detached dwelling-house that fronts on to Blairdenan Avenue. It has neighbouring properties on both sides and backs on to the gardens of properties on Glenisla Avenue. There is a driveway to the side leading to a garage at the rear. There is a 4 foot boundary fence between the property and number 7 Blairdenan Avenue, and a high brick boundary wall between it and number 3 Blairdenan Avenue.

The proposal is to construct a 22 square metre extension to the rear of the property. It will be situated between the garage and the boundary fence of 5 and 7 Blairdenan Avenue, spanning the full width of the rear of the property. It is to have a sloping roof from a height of 3.5 metres to a height of 2.5 metres. The extension will extend outwards to a distance of 4 metres leaving a further 8 metres of garden space to the rear boundary wall. It is to be finished in materials that are in keeping with the existing building.

Development Plan

The application raises no strategic issues and can therefore be considered under the relevant local plan.

The site is zoned as Residential in the Northern Corridor Local Plan (Finalised Draft) 2000.

Representations

One letter of representation has been received from the occupier of 7 Blairdenan Avenue regarding this application. The areas of concern are as follows:

0 Overshadowing from the extension could impact on the garden and make a room dark.

Comment .- After carrying out the daylight and sunlight tests to asses the impact on the neighbouring property it was found that the level of impact on daylight from the proposed extension was small, and would not go beyond the minimum acceptable standard. No impact on sunlight was found. Therefore although the proposal will have a small impact on the present level of daylight experienced by the adjoining property, it is not sufficient to be offered protection under the planning legislation.

0 The extension will cause drainage problems.

Comment .- This is not a material planning consideration, and there is no reason why such an extension should cause drainage problems for the neighbouring property.

0 Occupants of other properties that have similar developments adjacent to them believe overshadowing is a problem.

Comment .- Each application is decided upon its own merits. In this case it has been shown by the daylight and sunlight tests that the level of impact is acceptable. 4. Planning Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. In this case the proposal is in accord with the local plan and the main issue in the determination of the application is the likely impact of the proposed extension on the neighbouring property.

4.2 The proposed extension, at 22 square metres, would have been permitted development if it were not for the fact that the applicants already have a single detached garage. Notwithstanding this fact, I am satisfied that the impact of the extension on the neighbouring property at 7 Blairdenan Avenue is not sufficient to justify refusal of permission. While the extension will deny the applicants access to their rear garden, other than through the garage (not an uncommon arrangement), it is recommended that planning consent be granted. Application No: N/04101731/FUL

Date Registered: 1st October 2004

Applicant: Mr Philip & Mrs Gillian Rose 38 Hayston Road Carrickstone Cumbernauld G68 OBS

Development: Extension to a Dwellinghouse

Location: 38 Hayston Road, Carrickstone, Cumbernauld

Ward: 57: Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 275482675698

File Reference: N1041017311FUL

Site History: PN9619 - Residential Development (Laing Homes) : Approved 1996N/99/00769/FUL - Residential Development (Persimmon Homes) : Approved 1999.

The site is covered by Residential Policy HG5B in the Cumbernauld Development Plan: Local Plan 1993.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the construction of a two-storey side extension at a detached dwellinghouse at 38 Hayston Road, Carrickstone, Cumbernauld. One letter of representation has been received from the neighbouring proprietor at 40 Hayston Road, the points of which have been outlined in the accompanying background report. Following assessment of the proposals against the development plan and all other material considerations, including the effects on the neighbouring property, it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

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

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

Reason: To ensure that the development hereby approved compliments the adjoining dwellinghouse in the interests of amenity.

3. That a dropped kerb vehicular access with a maximum width of 5 metres shall be constructed to the satisfaction of the Roads Authority.

Reason: In the interests of traffic safety.

Background Papers:

Application form and plans received 1st October 2004

Letter from Scottish Water received 22nd October 2003

Letter from Mr S Ormsby, 40 Hayston Road, Carrickstone, Cumbernauld, G68 OBS received 11th October 2004.

Any person wishing to inspect these documents should contact Heather Gebbie at 01236 616466. APPLICATION NO. N/04/01731/FUL

REPORT

I. Description of Site and Proposal

1.I The application site is a detached dwellinghouse and is located within a residential estate, with houses to one side, front and rear.

1.2 The applicant seeks permission to construct a two-storey side extension with a pitched roof and will be set back 2.2 metres from the front building line. The proposed extension will comprise of a living room at ground floor level and a bedroom and bathroom at first floor level. The materials to be used throughout will match those of the existing building.

2. Development Plan

2.1 The site lies within an area covered by Residential Policy HG5B of the Cumbernauld Local Plan 1993. The proposal is considered to be in accordance with the development plan and raises no strategic issues.

3. Consultations and Remesentations

3.1 My Transportation Section has no objections to the proposal.

3.2 One letter of representation has been received from the neighbouring proprietor at 40 Hayston Road, in relation to this application. The grounds of the objection and my comments thereon are as follows:- . The objector considers that the existing roofline is currently at an unacceptable height and the applicant should therefore not be allowed to extend the property.

Comment :The original planning application for Hayston Road was submitted in 1996 by Laing Homes, with permission granted for a single storey house. However, Persimmon Homes submitted a subsequent planning application in 1999, and a two-storey detached house was approved. There are no restrictions in planning terms to prevent any extensions to the property.

The proposed two-storey extension will have a significant detrimental effect on the current view of the surrounding area enjoyed from the rear of the objector’s property.

Comment : There will be a certain level of impact on the view currently enjoyed by the occupants of No. 40, however there is no entitlement to a view under planning regulations.

4. Planning Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case the proposal is not contrary to the development plan and the main issue is the impact of the proposed extension on the neighbouring property at the rear of the application site.

4.2 On detailed assessment of the application, it is considered that the design, scale and layout of the proposed two-storey extension are acceptable from a planning viewpoint. Notwithstanding the objection received from the neighbouring proprietor at 40 Hayston Road, and as discussed in Section 3 above, it is recommended that planning permission be granted. Application No: C10410047810UT

Date Registered: 31 st March 2004

Applicant: Legal And General Assurance Society Limited Clo See Agent

Agent Littman And Robeson 21 Buckingham Street London WC2N 6EF

Development: Erection of 10,128 sq m Class 1 Foodstore and Associated Alterations to Car Parking and Servicing

Location: Land North & East Of Matalan To & Including Existing Tesco & Car Park Faraday Retail Park Coatbridge Lanarkshire

Ward: 36: Bargeddie And Langloan Councillor Andrew Burns

Grid Reference: 273425664636

File Reference: CIPLICTC5821DW B/EL

Site History: The existing stores were formed as part of the Faraday Retail Park following the granting of planning permission 90/274. Planning permission 02/0148310UT for Erection of 1,800 sq.m. Class 1 Retail Unit (In Outline) was granted on 19 June 2003

Development Plan: The site is covered by General Urban policies in the Monklands District Local Plan 1991. The proposed development should also be assessed against Schedule 9 in the Glasgow and the Clyde Valley Joint Structure Plan 2000 and Policies COMI and COM2 in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: S.E.P.A.(West) (Comments) Scottish Water (Comments) British Gas Transco (Comments) Scottish Power (Com ments) Railtrack Asset Management (Com ments)

Representations: 1 Representation Letter

Newspaper Advertisement: 7'h April 2004

Comments:

This application is for the erection of a 10,128 sq.m. Class 1 Foodstore and associated alterations to car parking and servicing at Faraday Retail Park, Coatbridge (in Outline). The development would involve the demolition of the existing Tesco store, taxi rank, vacant Textyle World unit and Former Homebase Garden Centre. It is anticipated that car parking would be provided on the existing ground level with the new store above. The site is covered by General Urban policies in the Monklands District Local Plan 1991. Planning Application No. C/04/00478/OUT

Erection of 10,128 sq.m. class 1 Foodstore and Associated

Pmduced by Alterations to Car Parking and Servicing Planning and Ewironmnt rkshire Hsadquwtters GUM1 Stile 501, Fleming House Land North East of Matalan to & Including Existing Tesco 2 Tlyst Rod CUMBERNAULD & Car Park, Faraday Retail Park, Coatbridge G67 IJW A Rpdw homlhOrdnnr Suwwmppiwwth M236616210 Fa.01238 616232 hbt to Scab ~l~~g~~$~td~~M'wv' UlaAbnudrgmdudm IntiwesCrwn cowrwt M1 w1wdtopm-b- ord*lpoU*dirp. I OS Licence LA 08041 L 3.35 HA The proposed development should also be assessed against Strategic Policy 9 in the Glasgow and the Clyde Valley Joint Structure Plan 2000 and Policy COMI in the Monklands District Local Plan 1991. Following neighbour notification and advertisement in the local press one letter of objection was received details of which are set out in the attached report. A Traffic Assessment provided by the applicant indicates that with the provision of additional parking there will be sufficient capacity, even at peak times, and as a result the proposed unit can be accommodated. The Transportation Section has however requested some conditions that can be addressed under reserve matters.

Although a significant scale of development in structure plan terms the retail assessment indicates that the proposal is acceptable when assessed against criteria set out in Strategic Policy 9. The report indicates that with the extension to the Asda Store agreed in September there is currently no other site available within the Town Centres that can provide this form of development. The proposal fulfils the sequential test in that it is the next preference to a town centre location being located within an edge of centre retail area. It is also demonstrated that the redevelopment of the currently vacant retail units and Tesco store to provide an additional 2,840sq.m. of floorspace will not significantly impact on the town centres of Coatbridge and Airdrie. Therefore subject to the submission of a reserve matters application showing appropriate layout, design, servicing and other details I recommend that the proposed development be approved.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) details for management and maintenance of the areas identified in (c) and (d) above; (e) the design and location of all boundary walls and fences; (f) the provision for loading and unloading of all goods vehicles; (9) the provision of drainage works; and (h) the disposal of sewage.

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

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

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

4. That not withstanding the terms of condition 2 above and for the avoidance of doubt the drainage scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest guidance on SUDS. 5. That not withstanding the terms of condition 2 above the following information should be submitted in writing, prior to the start of works, to the Planning Authority: a) A Green Transport Plan in order to reduce dependence on private cars by the staff of the store. b) A signing scheme to direct store customers to the alternative modes of transport other than the private car c) A scheme that reduces the potential conflict points between pedestrians and vehicles. d) A risk assessment in respect to the proposed pedestrian crossing point on Whifflet Street e) A scheme identifying and detailing appropriate signage both within the Retail Park and the adjacent footway network to direct pedestrians to the pedestrian crossing point. f) A plan and statement identifying the anticipated number of car parking spaces available during the construction phase and how this compares to peak demand within Faraday Retail Park.

Reason: To reflect the Green Transportation Plan in line national guidance and enable the Planning Authority to consider these aspects in the interest of road safety both during and after construction works.

6. That notwithstanding the terms of condition 2 above the development hereby permitted is limited to 10,128 sq.m, of Class 1, gross floorspace of which a minimum of 50% should be convenience goods floorspace.

Reason: To restrict the size of the development and clarify the acceptable split in convenience and comparison goods floorspace in view of the potential impact on the adjoining Town Centre.

Background Papers:

NPPG 8 Retailing Monklands District Local Plan 1991 Glasgow and The Clyde Valley Joint Structure Plan 2000 Glasgow and the Clyde Valley Structure Plan Joint Committee Technical Report 7, Retailing July 2000

Application form and plans received 31 st March 2004 Retail Assessment received 28 June 2004 Transport Assessment received 18 August 2004 and 20 September 2004

Memo from Transportation Section received 14 October, 2004 Letter from S.E.P.A.(West) received 12th May 2004 Letter from Scottish Water received 28th April 2004 Letter from British Gas Transco received 8th April 2002 Letter from Scottish Power received 13th April 2004 Memo from Railtrack Asset Management received 2nd April 2004

Letter from Barton Willmore Planning Partnership,35 Kings Hill Avenue, Kings Hill, West Malling, Kent, ME19 4BW received 29th April 2004.

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. APPLICATION NO. C/04/00478/OUT

REPORT

1. Description of Site and Proposal

1 .I This application is for the erection of a 10,128 sq.m. Class 1 Foodstore and associated alterations to car parking and servicing at Faraday Retail Park, Coatbridge (in Outline). The development would involve the demolition of the existing Tesco store, taxi rank, vacant Texstyle World unit and Former Homebase Garden Centre (which has planning permission to provide 1,800 sq.m. of retail floorspace). It is anticipated that car parking would be provided on the existing ground level with the new store above.

1.2 A Retail Assessment was submitted in support of the application and indicates that the development will result in an increase in the floorspace within the Retail Park of 2,840sq.m. (gross). The store would provide both convenience and comparison floorspace on a basis of 75% to 25% and would generate turnover of approximately f60.07m at 2007 an increase of f 11.25m which would be split f9.55m convenience and f 1.7comparison. Both of these figures are below the assumptions on expenditure growth set out in the Glasgow and the Clyde Valley Structure Plan Joint Committee Technical Report 7, Retailing July 2000 (Technical Report 7).

1.3 The retail assessment also indicates that Coatbridge will continue to trade at 103% and Airdrie at 105% of benchmark levels and as such their vitality or viability will not be significantly affected.

1.4 A Transportation Assessment was also submitted that indicates that the car parking provision will be increased by 250 spaces in line with current guidelines. As the development would result in a net decrease in the potential traffic volumes based on current provision and extant consents. There is no proposals to alter the current junctions outwith the site. That said a new pedestrian crossing north of the roundabout at Coatbank Street will be provided to assist pedestrian accessibility.

2. Development Plan

2.1 The site is covered by General Urban policies in the Monklands District Local Plan 1991. The proposed development should also be assessed against Schedule 9 in the Glasgow and the Clyde Valley Joint Structure Plan 2000 and Policies COMI and COM2 in the Monklands District Local Plan 1991.

3. Consultations and Remesentations

3.1 Scottish Power, and Transco have no objections subject to appropriate measures being taken to protect existing plant. Scottish Water have no objection to the principle of the development however matters of detail in respect to water supply and connection to the public sewer require to be demonstrated. SEPA have no objections to the proposal subject to foul drainage connection to the public sewer and the use of SUDS principles when designing the surface water drainage. Network Rail have indicated no objection subject to the continued availability of safe train paths on the adjoining line during the demolition and construction activity.

3.2 The Transportation Section has indicated no objection subject to the provision of: a) A Green Transport Plan in order to reduce dependence on private cars by the staff of the store. b) A signing scheme to direct store customers to the alternative modes of transport other than the private car c) A scheme that reduces the potential conflict points between pedestrians and vehicles. d) A risk assessment in respect to the proposed pedestrian crossing point on Whifflet Street e) A scheme identifying and detailing appropriate signage both within the Retail Park and the adjacent footway network to direct pedestrians to the pedestrian crossing point. f) A plan and statement identifying the anticipated number of car parking spaces available during the construction phase and how this compares to peak demand within Faraday Retail Park.

3.3 One letter of potential objection was received pending the submission of the retail and traffic assessments. No additional comment has been received since they were advised of these submissions.

4. Planning Assessment and Conclusions

4.1 In assessing this application consideration must be given to the development plan policies and any other material consideration.

4.2 In terms of NPPG8, it is stated that developers should adopt a sequential approach to selecting sites for new retail, commercial leisure developments and other key town centre uses. First preference should be for town centre sites, where sites or buildings suitable for conversion are available, followed by edge-of-centre sites, and only then by out-of-centre sites in locations that are, or can be made easily accessible by a choice of means of transport. The Retail Assessment confirms that this site is acceptable in terms of this sequential test being within a retail area adjoining a Town Centre when there are no suitable sites available within the existing Town Centres. I also consider that subject to the provision of acceptable reserve matters application the assessment required in the guidance contained in paragraph 45 can be satisfied.

Glasgow and The Clyde Valley Joint Structure Plan 2000 4.3 Schedule 9 in the Glasgow and The Clyde Valley Structure Plan 2000 indicates that retail developments of over 2000sq.m. comparison or over 1000sq.m convenience are a likely to be significant in terms of the structure plan. In this instance the increase in gross floorspace of 2,840sq.m. is considered to be significant and therefore assessed against Strategic Policy 9.

4.4 The sequential analysis shows that there are no alternative sites and it is accepted that the Faraday site represents a good edge of centre location. In terms of impact it is demonstrated that 58% of the new store’s turnover will be transferred from the existing store. There would be a 12.5% impact on the Asda store in Coatbridge and a 10% impact on the Morisons store in Airdrie but the overall town centre impacts are acceptable. As such the proposal is considered appropriate in terms of the criteria set out in Stategic Policy 9 and is not therefore considered to be a departure from the Structure Plan.

Monklands District Local Plan 1991 4.5 In terms of the Local Plan the site is covered by General Urban policies and with the development of the retail park in the early 90’s these are now outdated. Policy COM 1 Maintain Viable Town Centres which indicates that the Council will resist major commercial developments within or without the Area which threaten the viability of the retail cores of Coatbridge and Airdrie.

4.6 Policy COM 2 Criteria for New Shopping Developments requires the proposal to be assessed against the following criteria: a) Support for viability of existing shopping areas b) Convenience of access for pedestrians and vehicles c) Creation of a safe and pleasant shopping environment d) Balance of unit size and mix of retailhon retail uses e) Adequacy of car parking and public transport f) Quality and sensitivity of design

4.5 The retail assessment indicates that the proposal will not have a significant impact on either Coatbridge or Airdrie Town Centres. The remainder of the points will be addressed through a reserved matters application.

Material Considerations 4.6 Policies COM 1 and 2 in the Finalised First Alteration to the Monklands District Local Plan are also considered as material considerations since they represent the Council’s most recent thinking on retail policy for this area.

4.7 Policy COMl MAINTAIN THE ROLE OF TOWN CENTRES states that the Council will seek to maintain and improve the quality of shopping provision within the Local Plan Area in the retail sector by: a) Directing major (over 1,OOOsq.m. gross) retail development to either within or adjacent to the town centres of Airdrie or Coatbridge, where appropriate development opportunities exist in support of both Structure Plan and National Planning Guidance. b) Promoting the enhancement and improvement of the physical fabric and infrastructure in the Town Centres, e.g. through Town centre Action Plans. c) Bringing forward opportunities for retail developments within the Town Centres in line with sustainable objectives and national development plan guidance. d) Directing minor (less than 1,000 sq.m. gross) retail development to the COM5 areas identified in the Local Plan. e) Supporting the provision of local shopping facilities in new housing areas as demand evolves

4.8 Policy COM2 CRITERIA FOR EVALUATING ALL NEW RETAIL PROPOSALS sets out the criteria by which this development should be assessed: a) Whether the proposal will maintain and/or enhance the vitality and viability of existing retail centres in line with COMl b) Whether the location of a proposal is within or adjoining an existing retail centre in line with COMl c) Ability of the appropriate catchment population to support such a facility d) Clear evidence of a lack of choice in respect of any particular form of retailing e) Assessment of cumulative impact at any out of centre location on existing retail locations f) Compatibility with surrounding land uses. g) Convenient accessibility of public transport facilities in line with sustainable objectives h) Availability of alternative sites, within or adjacent to the town centres. i) Infrastructure implications.

4.9 The proposed development is in excess of l,OOOsq.m although located within a retail area adjacent to Coatbridge and subject to the an acceptable submission of reserve matters will be in accordance with the criteria set out in revised policy COM 2.

4.1 1 In conclusion, I consider that with the extension to the Asda Store agreed in September there is currently no other sites available within the areas Town Centres that can provide this form of development. The proposal is appropriate in terms of the sequential test. It has also been demonstrated that there will be no significant impact on the town centres of Coatbridge and Airdrie. I therefore recommend that the proposed development be approved subject to the submission of a reserve matters application showing a appropriate layout, design, servicing and other details. Application No: C/04/00664/FU L

Date Registered: 6th May 2004

Applicant : Commodore Homes Ltd 414 Greengairs Road Greengairs Ai rd rie ML6 7TQ

Agent MCM Architects Dundas Business Centre 38/40 New City Road Glasgow G4 9JT

Development: Erection of 12 Detached Houses and Associated Access Road

Location: 414 Greengairs Road Greengairs Airdrie Lanarkshire ML6 7TQ

Ward: 45: New Monklands West Councillor Sophia Coyle

Grid Reference: 278985.670743.

File Reference: CIPLIGWG9001DWB/EL

Site History: Planing permission C/03/01622/FUL for Erection of 3 Dwellinghouses and Amendment to Planning Consent 03/00582/FUL was issued on 22nd December 2003. Planning permission C/03/00582/FUL for Three Detached Dwellinghouses was issued on 6th October 2003. Development Plan: The site is zoned ECON8 General Urban Area in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: S.E. P. A.(W est) (Comments) Scottish Power (No objection) Scottish Water (Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the demolition of 414 Greengairs Road, Greengairs and the erection of 12 detached houses and formation of associated access road. The site is zoned ECON8 General Urban Area in the Monklands District Local Plan 1991. Following neighbour notification no objections were received. Scottish Water have objected to the proposals but the objections can be resolved. Policy ECON8 in the local plan indicates that the principle of a mixture of uses is acceptable where requirements for access, plot size, built form and amenity can be met. The proposed development will supersede proposals to develop 6 houses within the garden area of the existing house and provide a I Planning Application No. C/04100664/FUL Pmducad by Phnning and Ewironmnt Erection of 12 Detached Houses and Associated Access Road Headquarters rkshire Sute501, Flaming House bUK1 2 Tlyst Road CUMBEFd\lAULD 414 Greengairs Road, Greengairs, Airdrie 067 1JW Rprid~t~mlmOlmM.Sua.ymq~gwlh 01236 616210 Fax 01226 616232 Not to Scale ZE$%2EZd~$Mbq' Site Area 0.54 HA Lh&bdsadnpm&clm IrddrgwCrancw,4ml OS Licence LA 08041L W m~i~dlop~~~~mordbilpo&iny more cohesive layout. The proposal was amended during the processing of the application to provide a more appropriate road access. Part of Greengairs Road that provides access to the site requires to be realigned and part of the existing footway formally Stopped Up. This would be the subject of a further report should planning permission be granted. A condition is proposed restricting the start of development until it can be established that appropriate foul and surface water drainage facilities can be provided. I consider that the development can take place without significant impact on traffic safety or amenity and therefore recommend grant of conditional permission as set out below.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

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

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

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

4. That before the development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the foul and surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS).

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

5. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

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

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

7. That before any of the dwellinghouses hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

8. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the trees during construction works in the interest of amenity.

9. That prior to the start of any works on site the road improvements outlined in ORANGE on the approved plans shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure that the new road serving the proposed houses can be served with adequate sightlines in the interest of road safety.

10. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements

11. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority. The report should also detail any works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

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

12. That prior to the start of the development hereby permitted the road works to Greengairs Road and all statutory requirements relating to the stopping up of the section of road outlined on GREEN on the approved plans shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure that the development proceeds following the stopping up of part of Greengairs Road in accordance with Section 208 of the Town and Country Planning (Scotland) Act 1997.

Background Papers:

Application form and plans received 22nd April 2004, 7thJuly 2004 and 8th September 2004

Memo from Transportation Section received 6th July 2004, 22ndJuly and Memo from Geotechnical Team received 14th May 2004 Letter from S.E.P.A.(West) received 2nd July 2004 Letter from Scottish Water received 25th May 2004 Letter from Scottish Power received 11th June and 13th July 2004 Memo from Protective Services Section received 24th May 2004

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. APPLICATION NO. C/04/00664/FUL

REPORT

1. Description of Site and Proposal

1 .I This application is for the demolition of 41 4 Greengairs Road, Greengairs and the erection of 12 detached houses. A mixture of 3 and 4 bedroom 2 storey detached properties. The site will be accessed from a new road that will be formed off of Greengairs Road and will require the partial realignment of Greengairs Road.

1.2 Planning permission has previously been granted for the erection of 6 additional houses in the grounds of 41 4 Greengairs Road served by private driveways.

2. Development Plan

2.1 The site is zoned ECON8 General Urban Area in the Monklands District Local Plan 1991. There are no strategic issues.

3. Consultations and Representations

3.1 Scottish Water has objected on the grounds that the cost of providing infrastructure is outwith its “reasonable cost” obligations as set out in the Sewerage (Scotland) Act 1968. The objection could be removed if the developer were to bear the cost of the increase in capacity of Scottish Water’s existing infrastructure or an effective treatment scheme is provided that does not affect the quality and quantity of discharge from the existing sewerage system.

3.2 Scottish Power initially objected to the proposal and this was subsequently removed when it was demonstrated that nearby 33Kv plant would not be affected by the proposal.

3.3 The Geotechnical Section has indicated that a drainage strategy should be provided in accordance with SUDS and the current design manual for Roads and Bridges.

3.4 The Protective Services section has indicated that a site investigation should be undertaken to check for potential contamination. This can be dealt with through condition.

3.5 The Transportation Section has raised concerns on the junction spacing as proposed development takes access onto the B803 Greengairs Road, a B class road, which acts as a district distributor where the required junction spacing of 150m cannot be achieved.

3.6 Following neighbour notification no objections were received.

4. Planninn Assessment and Conclusions

4.1 Policy ECON8 in the local plan indicates that the principle of a mixture of uses is acceptable where requirements for access, plot size, built form and amenity can be met.

4.2 The proposed development will supersede proposals to develop 6 houses within the garden area of the existing house and provide a more cohesive layout. The layout meets the guidance on open space and space between buildings.

4.3 Following discussion with the Transportation Section the proposal has been amended to provide adequate sightlines and a more appropriate access road. Although the normal junction spacing cannot be achieved it is considered that by maximising the separation of the junctions with the proposed access road traffic safety should not be significantly affected. Conditions are required to ensure that all necessary road works are carried out prior to construction work commencing on the site.

4.4 Part of Greengairs Road will be realigned to form the new access road part of the existing footway will require formal Stopping-up. This would be the subject of a further report should planning permission be granted.

4.5 It is considered that a solution can be agreed between the developer and Scottish Water with regard to the design of a foul and surface water drainage scheme. A condition is proposed restricting the start of development until such time as a scheme for these facilities has been submitted and accepted.

4.6 I consider that the proposal is in accordance with policy ECON 8 in that the proposal provides a suitable layout in terms of access, plot size, built form that is acceptable in terms of amenity. Application No: C/04/01197/FUL

Date Registered: 6th July 2004

Ap plican t : Shawhead Developments Ltd 14 Alfred Place Edinburgh EH19 1RX

Agent James Littlejohn Associates 28 Esslemont Road Edinburgh EH16 5PY

Development: Formation of Office Accommodation, Car Parking and Alterations to Gatehouse

Location: Land West Of 1 Hagmill Crescent, Hagmill Road East Shawhead Industrial Estate Coatbridge Lanarkshire

Ward: 39: Shawhead Councillor James Brooks JP

Grid Reference: 273729662750

File Reference: CIPLICTH021ICMIEL

Site History: 97008 Erection of Loading Bay Canopy Granted February 1997 90364 Extension to Gate House Granted Sept 1990 89298 Erection of Microwave Antenna Granted July 1989 83272 Alteration and Extension to Building Granted August 1983

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy ECON 7 (OfficeIBusiness UseILight Industry).

Contrary to Development Plan: No

Consultations: Scottish Water (no objection) British Gas Transco (no objection) Scottish Power (no response) British Telecom (no objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought to form additional ancillary office accommodation, additional car parking and alteration to a gate house at the former MSA factory located to the south of Hagmill Road, Coatbridge. The site extends to some 5.25 ha. and sits between Hagmill Road and the A8 within the East Shawhead Industrial Estate. Planning Application No. C/04/01197/FUL Formation of Office Accommodation, Car Parking Rodwed by rkshire Rannlng and Envlronmml and Alterations to Gatehouse Headqmrlers ccuntll %Ite501 FlemlnpHou~~ 2 Tryst Read CUMBERNAUWG37 1JW Land West of Hagmill Crescent, Hagmill Road, ii bp0du;d homthOr~mSuw~mmgpi~ulh 01238816210 Fe 0123881832 East Shawhead Industrial Estate, Coatbridge Not to Scale %%u%%2~m&0‘”’”” c6 Llmnce LA 090411 UnahMud ren&rUa I~MnprCrarnwnLt Site Area 5.52 HA uld mw IhdlopmyIuUDn (IcHI IXO&IW The area is generally industrial in nature with the nearest houses located 100 metres to the north of the site.

The proposals would involve a part demolition and small extension to the existing factory to form a two storey office block on the east and north elevations. An additional section of the factory would be demolished to provide 53 additional parking spaces within a recess in the west elevation of the building. An existing gatehouse would also be refurbished. The office accommodation would increase from 4500 m2 to 7150 m2 and the manufacturing area would be reduced from 8000 m2to 4640 m2. The office block would have a flat roof and finished in a mix of wall cladding and stone-faced block-work. A new entrance feature would be formed on the east elevation. The new flat roofed office block would be 8.4 metres in height.

The site is located within an area covered by policy ECON 7 (Office/Business Use/Light Industry) in the Adopted Monklands Local Plan 1991. There was no objection from external consultees and the Transportation Section is satisfied with the increased parking provision and footpath facilities.

The proposals require to be assessed under the terms of the development plan and any other material considerations. There are no strategic planning issues. The proposals are considered to be in line with the above noted policy, which seeks to ensure an adequate supply and choice of sites for officeslbusiness use and light industry. The proposed parking arrangements are considered satisfactory and there were no objections or representations. The proposed use of wall cladding and block work as external finishing materials to the factory and gate house are generally acceptable however samples would be requested and approved in writing under the terms of a planning condition.

The proposals are considered to be acceptable and it is recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:.

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

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

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

Reason: To ensure satisfactory vehicular and pedestrian access facilities at the site. Background Papers:

Application form and plans received 6th July 2004 Memo from the Transportation Section received 21 st October 2004 Letter from Scottish Water received 26th July 2004 Letter from British Gas Transco received 14th July 2004 Letter from British Telecom received 26th July 2004

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376. Application No: C/04/01 43 1/AM D

Date Registered: 11th August 2004

Applicant: T A Autobreakers Land West Of West Of Scotland Properties Cameron Street Coatbridge Lanarkshire

Agent Peter Page Planning The Brae Monimail Road Letham Cupar Fife KYI5 7RR

Development: Amendment to Planning Permission for Car Breakers Yard (Operation of Mobile Crusher) to Allow the Crusher to be Used for a Total of Six Working Days Over Every Four Week Period

Location: Land West Of West Of Scotland Properties Cameron Street Coatbridge Lanarkshire

Ward: 33: North Central And Glenboig Councillor Mary Clark

Grid Reference: 273823665734

File Reference: C/PL/C/CTCI 44/IJ/EL

Site History: C/02/01451/FUL Use of land as Car Breakers Yard (in retrospect) REF 9 April 2003 P/ENA/320/14 Enforcement Notice Appeal Upheld 19 May 2004

Development Plan: The site is covered by Policies ECON 2 (Existing General Industrial Areas) and LR 7/3 (Develop Network of Long Distance Paths) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Advertised on 18th August 2004

Comments:

Permission is being sought for an amendment to Planning Permission C/02/01451/FUL for the Car Planning Application No. C/04/01431/AMD Amendment to Planning Permission for Car Breakers Yard (Operation of Mobile Crusher) to allow the Crusher to be used Roduced by for a total of Six Working Days over Every Four Week Period rkshire Manning and Environment Councll Hendqrsfierr %Ita 601 Flemiq Houae 2 Try.1 Rmd Land West of West of Scotland Properties, Cameron Street, Coatbridge CUMBERNAUW RlpcdlMhDmlh Ordnyu Suwq mwmw wlh 087 1Jw VrpmlisiadVrCaMlrdtrrU.jny~ 01236 8?82~F~X oin6 6m32 Representation NotA to Scale ~~~~~~~~~~i~~~~lounc4y~~, Llmnce LAOOO41L tk Os Site Area 0 87 HA ad mqladfopmamla 0rcM pudlrp Breakers Yard (Operation of Mobile Crusher) to allow the Crusher to be used for extended periods totalling six working days over every four week period on land at Cameron Street, Coatbridge. Under the terms of the existing planning permission granted in respect of the use of the application site as a Car Breakers Yard, provision has been allowed for the presence on site of a mobile crusher for 'I no more than one and a half days in any 2 month period and only between 1000 hours and 1700 hours". That restriction of use of the crusher was deemed appropriate to minimise the frequency and duration of the noise impact of the site for the crushing operations and to safeguard the amenity of the nearest residents.

While in terms of the Local Plan the application site is located within an area (ECON 2) that is industrial in character and considered appropriate for the current Car Breakers operation, the proposed intensification of use of the crusher for extended periods within each 2 month period would, I consider, introduce a greater noise disamenity into the nearby residential area. As such the proposal as submitted is therefore considered unacceptable at this location for the stated reasons.

Recommendation: Refuse for the Reason;

That the intensification of use of the car crusher on site would be detrimental to the amenity of the surrounding residential area in terms of adverse noise impact.

Background Papers:

Application form and plans received 9th August 2004

Monklands District Local Plan 1991 Memo from Protective Services Section received 23rdAugust 2004

Letter from Second Site Property, Aviary Court , Wade Road, Basingstoke , Hampshire, RG24 8GZ received 28th September 2004.

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382. APPLICATION NO. C/04/01431/AMD

REPORT

Description of Site and Proposal

The application site currently operates as a car breakers yard on land off Cameron Street, Coatbridge. The use of the site involves the storage of scrap cars, ancillary sales of scrap parts and the crushing and removal of the scrap vehicles. The cars are stored one high only, apart from any crushed vehicles being temporary stored before removal. Any vehicles to be crushed on site is by means of a mobile crusher which is brought onto the site for limited periods of one and a half days in any two month period between the hours of loam until 5pm (as deemed appropriate through a condition imposed in the granting of permission for the use of the site as a car breakers yard). The surrounding uses are predominantly industrial in nature with a large Transco operation directly to the north and an operational railway bounding the application site to the south.

The proposal seeks an extension to the permitted period on site for the mobile crusher to meet the reputed high level of demand for crushing of vehicles on site which is currently greater than the numbers being crushed during the times permitted through planning permission C/O2/1451/FUL. The applicant proposes to operate the crusher on site over a period of not less than six working days (Monday to Friday) in any four week period.

Developm en t Plan

The application site is zoned ECON 2 Existing General Industrial Areas in the Monklands District Local Plan 1991. In these areas the Council supports:

a) The retention of a predominantly industrial character. b) Continuation of industrial use where existing industrial premises and or land in these areas are redeveloped, unless this is proved to be impractical due to poor ground stability, unsuitability of buildings, or if there are major benefits to the community from a change in use. c) The subdivision of vacant factories to provide premises for small firms, provided that parking, servicing and amenity standards can be adequately met. d) The operation of wholesale or distribution outlets but not retail outlets.

Policy LR7 (Develop Network of Long Distance Paths) states that:

The Council will protect former railway lines, canals and other routes from inappropriate developments and will construct a network of long distance paths, including: -

Ballochney Railway Path (Summerlee to Bo’ness: Airdrie to Longriggend Section)

3. Consultations and Representations

3.1 The Protective Services Section has recommended that the limitation to the use of the equipment (crusher) be restricted to that originally imposed as a result of the recent ( Enforcement Notice) appeal. 3.2 A single letter of objection from the adjacent property owner and Transco who currently occupy the land immediately to the north of the site was received as a result of the standard neighbour notification procedure. The main point of objection is that the application site continues to cause serious health and safety concerns and any increase in the bad neighbour activities on the site which exacerbate the environmental damage caused to the locality is objected to.

4. Planning Assessment and Conclusions

4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 In terms of the development plan, the proposal does not meet the scale of significance (Schedule 9) for normal assessment against the Glasgow and the Clyde Valley Joint Structure Plan 2000 and therefore raises no strategic issues.

4.3 In terms of the Monklands District Local Plan 1991 the use of the application site as a car breakers yard is, in principle, in accordance with Policy ECON 2 which seeks to retain the predominantly industrial character of the area. This compliance with policy is re-enforced in the decision notice issued by the Scottish Executive in respect of the Enforcement Notice Appeal (referred to below) in which it was confirmed that “because of the industrial nature of the (appeal) proposal it would conform with that policy (ECON 2).

4.4 Planning Application (C/02/01451/FUL) in retrospect the use of land at Cameron Street for the storage of scrap cars, dismantling and sale of scrap parts and the crushing and removal of scrap vehicles” was initially refused permission, contrary to officer recommendation, in April 2003. That application attracted 5 letters of representation and 2 petitions with 75 signatures in opposition to the proposal. The reason for refusal was that the operation, by virtue of its large size and nature has a detrimental impact on the amenity of the surrounding residential area in terms of noise impact, visual intrusion and general environmental disturbance. Despite that Committee decision the use of the site continued and after further complaints from local residents, primarily about noise, enforcement action was instigated in November 2003 by the council in respect of “the use of land, without planning permission, for the storage, sale and breaking of scrap cars and the siting of associated temporary buildings, plant and machinery”.

4.5 By decision letter dated lgth May 2004 the Scottish Executive subsequently upheld an appeal against the Enforcement Notice and concluded (par.25) “that, overall, the appeal proposal would not conflict with the terms of Policies HG9, ECON 2 and LR7(3) of the Monklands District Local Plan, and I have found no material considerations sufficiently compelling to justify the refusal of planning permission”. However, in par.23 of that letter it was stated that “ I consider that the only operation on the appeal site which would be liable to create intrusive noise would be the use of a mobile crusher for the disposal of the scrap vehicles”. That decision letter continued “ I am aware from my experience elsewhere, and agree with the Council, that the operation of such plant can be quite a noisy activity, particularly over a sustained period” and “ given the infrequency of use (2 days every three months) I consider that noise generation on that frequency would not be a valid basis to resist the proposed use of the appeal site, given the industrial nature of the location. Accordingly, I consider that if the location and frequency of the noisy operations, such as the use of a mobile crusher, are restricted then the proposed use would be compatible ...... ” Condition 1 of the Scottish Executive decision letter required a programme for the use of a mobile crusher on the site to account for no more than 1.5 days in any 2 month period and only between 1000 hours and 1700 hours, to be submitted to and approved by the planning authority. That condition was deemed appropriate “in the interests of amenity, and to minimise the frequency and duration of the noise impact of the use of the site for the crushing operations and to safeguard the amenity of the nearest residents”. 4.6 In a letter accompanying this current application the applicants agents claimed that the number of vehicles that can be crushed under the restrictions laid down in the planning permission (see above) would be approximately 90 in two months whereas the numbers requiring to be crushed average over 300 in any two month period. At present the level of demand for this facility is outwith the site operator’s control and is likely to increase as recent legislation is enforced.

4.7 The introduction of the current use of the site as a Car Breakers Yard, in advance of any planning permission, raised substantial objection from the nearby residential area, including 2 petitions with 75 signatures, primarily on the grounds of excessive noise from the site. Having regard to these concerns the council refused the retrospective planning application (C/02/01451/FUL) for the use of the site as a Car Breakers Yard on amenity grounds in terms of noise impact, visual intrusion and general environmental disturbance. The subsequent decision by the Scottish Executive in respect of the Enforcement Notice Appeal recognised the potential for adverse intrusive noise levels created by the crusher on site although the proposed “infrequency of use”, as restricted through planning conditions, would, in the view of the Executive, safeguard the amenity of the nearby residents. The current proposal is however seen as a significant intensification of use of the crusher within the site and this would, if approved, inevitably increase the cumulative noise impact on the surrounding residential area over a longer time period of time throughout the working week (Monday to Friday). Such an operation would, I consider, be detrimental to the amenity of the surrounding residential area and therefore be considered unacceptable. I therefore recommend that permission be refused. Application No: C/04/01443/FUL

Date Registered: 12th August 2004

Applicant: TA Autobreakers Land West Of West Of Scotland Properties Cameron Street Coatbridge Lanarkshire

Agent Peter Page Planning The Brae Monimail Road Letham Cupar Fife KY15 7RR

Development: Erection of Building for Decontamination of End-of-Life Vehicles

Location: Land West Of West Of Scotland Properties Cameron Street Coatbridge Lanarkshire

Ward: 33: North Central And Glenboig Councillor Mary Clark

Grid Reference: 273823665734

File Reference: CIPLICICTCI 44/IJ/EL

Site History: C/02/01451/FUL Use of land as Car Breakers Yard (in retrospect) REF 9 April 2003 P/ENN320/14 Enforcement Notice Appeal Upheld 19 May 2004

Development Plan: The site is covered by Policies ECON 2 (Existing General Industrial Areas) and LR 7/3 (Develop Network of Long Distance Paths) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: S. E.P.A.(West) (No response) Scottish Water (No objections) Health And Safety Executive (No response)

Representations: 1 Representation Letter

Newspaper Advertisement: Advertised on 18th August 2004 Planning Application No. C/04/01443/FUL Erection of Building for Decontamination of End-of-Life Vehicles RcdUoed by rlcshire Rannin~andEnrironment Catntli SuiteHeadqwtem 501 Flaming House Land West of West of Scotland Properties, Cameron Street, Coatbridge PTwatRosd CUMBWNAULD G87 RpdMhornlhOldno.Survwmqpirsrrth 1Jw W pmhila d Catdlrd hrHlrty M236616210 F~~ OIZJ661Q32 Representation U. OS LlcaenceLAO9O4it Site* Area 0.87 HA NotA to Scale ~%&?~%%i%$%- UI*r~~ M1 mw Ird10 PDlrYUm (I del POIIdirm Comments:

Permission is being sought for the erection of a building for decontamination of end of life vehicles on land within TA Autobreakers yard, Cameron Street, Coatbridge. The facility is required under the End of Life (Storage and Treatment) (Scotland) Regulations 2003 as part of an upgrading of the application site to meet new decontamination requirements. The processes to be carried out within the new building includes the removal of batteries, gas tanks and air bags, the removal and separation of fuels, oil, fluids etc and the removal of components containing mercury.

In terms of the Monklands District Local Plan 1991 the use of the application site as a car breakers yard is considered to be in accordance with Policy ECON 2 which seeks to retain the predominantly industrial character of the area. The uses proposed within the new building are currently carried out in the open within the site and therefore the introduction of this controlled facility will reduce current noise emanations from these open air operations. The building itself is of a standard industrial type construction that is considered appropriate to this location. A single letter of objection has been received in respect of this proposal, the contents of which will be considered in the attached report. Having regard to the foregoing matters I consider the proposal to be acceptable at this location and I recommend that planning permission be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

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

3. That before the development hereby permitted is occupied, the vehicular access into the site from Cameron Street shall be formalised and this shall include the construction of a 10.5 metre radius junction leading to a 5.5 metre wide carriageway, a minimum of 10 metres in length and fully paved; and this access road shall include a passing place, details of which shall be submitted to, and approved in writing by the Planning Authority.

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

4. That before the building hereby permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To enable vehicles to enter and leave the site in forward gear at all times.

5. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects. 6. That within one month of the date of this permission, detailed layout plans of the building to be erected on site shall be submitted to, and approved in writing by the Planning Authority.

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

Background Papers:

Application form and plans received 12th August 2004 Monklands District Local Plan 1991.

Memo from Transportation Section received 31st August 2004 Memo from Protective Services Section received 9th September 2004 Letter from Scottish Water received 27th August 2004 Letter from Peter Page Planning received 4th October 2004

Letter from M. Manzi, Transco, lnchcolm House, 11 West Shore Road, Edinburgh, EH5 1RH received 23rd August 2004.

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382. APPLICATION NO. C/04/01443/FUL

REPORT

1. Description of Site and Proposal

1.I The application site currently operates as a car breakers yard on land off Cameron Street, Coatbridge. The use of the site involves the storage of scrap cars, ancillary sales of scrap parts and the crushing and removal of the scrap vehicles. The cars are stored one high only, apart from any crushed vehicles being temporary stored before removal. The surrounding uses are predominantly industrial in nature with a large Transco operation directly to the north and an operational railway bounding the application site to the south.

1.2 The proposal is for the erection of a large industrial type building along the northern boundary of the application site to facilitate the decontamination of end of life vehicles as required under recent End-of-Life (Storage and Treatment)(Scotland) Regulations 2003. The building, measuring 18.3 metres x 30.5 metres, will be of pitched roof construction and externally finished in Plastisol box profile sheeting and is required to house the depollution of the end of life vehicles. This process will include the removal of batteries, gas tanks and air bags, the removal and separation of fuels, oil, fluids etc and the removal of components containing mercury. The use of compressors within the building will be required to facilitate the process and all items removed will be stored in containers.

2. Development Plan

2.1 The application site is zoned ECON 2 Existing General Industrial Areas in the Monklands District Local Plan 1991. In these areas the Council supports:

a) The retention of a predominantly industrial character. b) Continuation of industrial use where existing industrial premises and or land in these areas are redeveloped, unless this is proved to be impractical due to poor ground stability, unsuitability of buildings, or if there are major benefits to the community from a change in use. c) The subdivision of vacant factories to provide premises for small firms, provided that parking, servicing and amenity standards can be adequately met. d) The operation of wholesale or distribution outlets but not retail outlets.

2.2 Policy LR7 (Develop Network of Long Distance Paths) states that:

The Council will protect former railway lines, canals and other routes from inappropriate developments and will construct a network of long distance paths, including: -

Ballochney Railway Path (Summerlee to Bo’ness: Airdrie to Longriggend Section)

3. Consultations and Representations

3.1 The Transportation Section has offered no objection to the proposal subject to the implementation of improvements to the road accessing the site. The Protective Services Section has offered no objection although has recommended that the level of noise arising from the building should be investigated to ensure there is no adverse noise impact.

3.2 Scottish Water has offered no objection to the proposal. 3.3 Following the standard neighbour notification and public advertisement procedures one letter of representation against this proposal was received. The relevant points of objection are as follows: a) previous incidents at this site have resulted in numerous fires b) there is a risk to adjacent plant and people not adequately controlled from car crushing operations c) there is a potential for environmental contamination due to risks from fuel spillagelseepage from stored vehicles d) boundary fencing is not suitable to control pollution or debris encroaching from site e) a Health Safety and Environment plan for the site should be made available to ensure that the adjacent uses are not being put at risk from the proposed operations.

4. Planninn Assessment and Conclusions

4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 In terms of the development plan, the proposal does not meet the scale of significance (Schedule 9) for normal assessment against the Glasgow and the Clyde Valley Joint Structure Plan 2000 and therefore raises no strategic issues.

4.3 In terms of the Monklands District Local Plan 1991 the use of the application site as a car breakers yard is in accordance with Policy ECON 2 which seeks to retain the predominantly industrial character of the area. This compliance with policy is re-enforced in the decision notice dated lgth May 2004 issued by the Scottish Executive in respect of an Enforcement Notice Appeal (relative to the use of the site as a Car Breakers Yard) in which it was confirmed that “because of the industrial nature of the (appeal) proposal it would conform with that policy (ECON 2). The proposed positioning of the building on site will not adversely impact on any potential future proposal to construct a section of public footpath through the site as part of the long distance path network.

4.4 Planning Application (C/02/01451/FUL- in retrospect) for the use of land at Cameron Street for the storage of scrap cars, dismantling and sale of scrap parts and the crushing and removal of scrap vehicles was initially refused permission in April 2003. The reason for refusal was that the operation, by virtue of its large size and nature has a detrimental impact on the amenity of the surrounding residential area in terms of noise impact, visual intrusion and general environmental disturbance. Despite that decision the use of the site continued and after further complaints from local residents, primarily about noise, enforcement action was instigated in November 2003 by the Council in respect of the unauthorised use of land. By decision letter dated lgth May 2004 the Scottish Executive subsequently upheld the appeal against the Enforcement Notice and granted planning permission for the use of the site as a Car Breakers Yard. That decision letter concluded in par.23 of that “ I consider that the only operation on the appeal site which would be liable to create intrusive noise would be the use of a mobile crusher for the disposal of the scrap vehicles”.

4.5 Taken that the depollution operations to be carried out within the new building are currently carried out in the open within the site, including the use of compressors, then the containment of these operations within an enclosed structure will further lessen any reputed ambient noise currently emanating from the site. While the comments of the Protective Services Section are noted I do not consider it necessary, in view of the foregoing, to seek the submission of any detailed noise assessment survey in relation to the likely impact of the development on the nearby residences. 4.6 The points of objection raised relate more to the general use of the application site than to the matter under consideration i.e. the decontamination building. The containment within the building of the materials removed from the vehicles will lesser the likelihood of environmental contamination being released into adjacent lands while the issue of the Health Safety and Environmental plan should be discussed directly with the applicant.

4.7 Taking all of the relevant matters into consideration I consider that the design and positioning of the building proposed is acceptable within the predominantly industrial location and the use of the building, being required in associated with the permitted use of the site as a Car Breakers Yard, will improve the amenity of the nearby residential properties through the lessening of any noise emanating from the site. I therefore recommend that permission be granted subject to the stated conditions. Application No: C/04/01519/OUT

Date Registered: 23rd August 2004

Applicant: Mr A Reid 17 Bridge Street Longriggend Ai rdrie ML6 7SA

Developmen t : Erection of Dwellinghouse (In Outline)

Location: Land West Of Playground Main Street Longriggend Airdrie Lanarkshire

Ward: 46: Plains And Caldercruix Councillor Thomas Morgan

Grid Reference: 28231 1 670183

File Reference: CIPLILRM0301DW BlEL

Site History: No recent planning history

Development Plan: The site is zoned ECON 8 General Urban Area in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: NLC Community Services (Comments) S.E.P.A.(West) (No Objection) Scottish Water (Comments) British Gas Transco (No Objection) Scottish Power (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the erection of a house (in outline) on land adjacent to the playground, Main Street, Longriggend. The site is zoned ECON 8 General Urban Area in the Monklands District Local Plan 1991. This policy indicates that where requirements for access, plot size, built form and amenity can be met the Council will consider favourably planning applications for office, light industry, business use and houses with workshops. The Transportation Section has indicated that subject to conditions a suitable access can be provided. It is likely that house can be designed which is appropriate in terms of plot size and built form. Longriggend has no public sewer connection however it is considered likely that an appropriate foul and surface drainage system can be provided for the site and will not therefore impact on the amenity of the village. These items would be the subject of Reserved Matters. I therefore consider that subject to proposed conditions the development is in line with the development plan and that there is no material considerations that suggest otherwise. I therefore recommend approval as set out below. Planning Application No. C/04/01519/OUT

Erection of Dwellinghouse (In Outline)

Land West of Playground, Main Street, Longriggend, Airdrie Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

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

2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site including parking areas; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works and sewage disposal; (f) details of existing trees, shrubs and hedgerows to be retained; and (9) details of existing and proposed site levels.

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

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

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

4. That no part of the development hereby permitted shall exceed 1 storey in height and any dwellinghouse shall have a traditional double pitched roof.

Reason: To restrict the height of the proposed development in the interest of continuity of streetscape design.

5. That the design and siting of the dwellinghouse hereby permitted on the site shall take cognisance of the rural location, with particular regard being paid to scale, massing, roof pitch, fenestration and materials; and shall be in accordance with the provisions of Planning Advice Note No. 36.

Reason: To ensure that the proposed building is designed in keeping with the rural setting.

6. That notwithstanding the terms of condition 2 above the location and design of the drainage scheme to be installed shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS).

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

7. That notwithstanding the terms of condition 2 above a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed or occupied everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure adequate sightlines at the proposed access to the site in the interest of road safety. 8. That before any dwellinghouse permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

9. That before any dwellinghouse permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To ensure that vehicles can enter and leave the site in forward gear in the interest of road safety.

10. That before any dwellinghouse permitted is occupied a 2metre wide footway shall be provided along the frontage of the plot and thereafter be maintained as footway.

Reason: To ensure the provision of adequate pedestrian footway in the interest of road safety.

11. That notwithstanding the terms of condition 2 above the access to the site shall be sited at the south west boundary of the plot.

Reason: To ensure that the driveway is as far away from the junction of Main Street with Telegraph Road as possible in the interest of road safety.

12. That notwithstanding the terms of condition 2 above the layout of the site should be in accordance with the Council’s Developer’s Guide to Open Space.

Reason: To ensure the provision of appropriate levels of amenity space and privacy.

Background Papers:

Monklands District Local Plan 1991 Application form and plans received 23rd August 2004

Memo from Transportation Section received 21 October 2004 Memo from NLC Community Services received 20th September 2004 Letter from S.E.P.A.(West) received 23 September 2004 Letter from Scottish Water received 9th September 2004 Letter from British Gas Transco received 9th September 2004 Letter from Scottish Power received 3rd September 2009 Memo from Protective Services Section received 9th September 2004

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. Application No: C/04/01559/FUL

Date Registered: 6th September 2004

Applicant: The Link Group 45 Albany Street Edinburgh EH1 3QY

Agent Oliver & Robb Architects Pitreavie Drive Pitreavie Business Park Dunfermline KYll 8UH

Development: Erection of 19 Dwellinghouses and 104 Sq. m. Dental Surgery

Location: Vacant Land North & West Of Junction Of Scarhill Street & Kirkshaws Road Coatbridge Lanarkshire

Ward: 38: Kirkshaws Councillor John Gordon

Grid Reference: 272471 663052

File Reference: C/P LICTS065ICMIEL

Site History:

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy HG 9 (Housing policy for Existing Residential Area).

Contrary to Development Plan: No

Consultations: S.E. P.A.(west) (no response) Scottish Water (objection) British Gas Transco (no objection) Scottish Power (no objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought for the erection of 19 dwellinghouses and a dentist surgery at a vacant site located on the corner of Scarhill Street and Kirkshaws Road, Coatbridge. The L shaped site extends to some 0.07 ha and was previously occupied by former local authority houses that were demolished some time ago. The site has a grassed surface and is located within a predominantly residential area.

The proposals would involve the provision of 16 two storey semi-detached and 3 terraced houses, all with front and rear garden areas and individual driveways. Planning Application No. C/04/01559/FUL Erection of 19 Dwellinghouses and 104 sq.m. Dental Surgery

Vacant Land North &West of Junction of Scarhill Road & Kirkshaws Road, Coatbridge

Site Area 0.54 HA A new cul-de-sac would be formed off Kirkshaws Road, which would serve plots 3 to 11. All other houses would take individual accesses from either Scarhill Street or Kirkshaws Road. The semi- detached houses would have 3 bedrooms and the terraced houses would have 2 bedrooms. The houses would be finished in a mix of facing brick and render with pitched tiled roofs. Rear and side garden areas would be screened by 1800 mm high close boarded timber fences.

A single storey dentist’s surgery (104 square metres) would be provided on the corner of Scarhill Street and Haddington Way with 13 no. off-street car parking spaces for staff and visitors. The surgery would have two treatment surgeries, training room, reception, staff and waiting area. The surgery would be finished in a mix of facing brick and render and would have a pitched tiled roof. The surgery site would also be landscaped along its public road frontages.

The site is located within an area covered by policy HG9 (Housing Policy for Existing Residential Areas) and an assessment of the proposals under the terms of the Council’s Design Guidance on New Housing Areas would be appropriate. There are no strategic planning issues.

There were no objections from external consultees. Scottish Water would have no objection provided the developer met the costs of a suitable drainage infrastructure. The Transportation Section had no objections subject to conditions. There were no representations.

The proposals require to be assessed under the terms of the development plan and any other material considerations. As noted above, the housing and local surgery proposals are consistent with the terms of policy HG 9 as a dentists surgery is considered to be a use ancillary to a housing area. The proposed layout and detailed design of the houses are considered acceptable. Garden sizes, plot shape, privacy levels and roads, parking and access arrangements generally meet the terms of the design guidance and the Department’s Guide to Open Space. As such it is recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That before the development hereby permitted starts, full details of the 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.

3. That before any of the dwellinghouses hereby permitted are occupied, the relevant fences or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

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

Reason: To enable the Planning Authority to consider these aspects. 5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the maintenance of these works.

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

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

Reason: In the interests of amenity

7. That prior to the occupation of the second last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting relative to the housing area, approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

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

Reason: In the interests of amenity

9. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, as specified in their letter dated 13th October 2004, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements

10 That before the development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS). If investigations into the provision of such a SUDS scheme prove that it is impractical to implement, this shall be demonstrated to the planning authority in writing.

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

Application form and plans received 26th August 2004

Memo from Transportation Section received 3rdNovember 2004 Letter from Scottish Water received 13th October 2004 Letter from British Gas Transco received 22nd September 2004 Letter from Scottish Power received 30th September 2004

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376. Application No: C/04/01592/FUL

Date Registered: 7th September 2004

Applicant : Hutchison 3G UK Limited Refer To Agent

Agent Montagu Evans 302 St. Vincent Street Glasgow G2 5RU

Developmen t : Relocation of Antennae

Location: 86 Graham Street Airdrie Lanarkshire ML6 6DB

Ward: 43: Airdrie Central Councillor James Logue

Grid Reference: 276328.665393.

File Reference: CIPLIAIG81O/DWB/EL

Site History: Planning permission C/98/00888/FUL for Installation of Microwave Dish, 2 Sector Antennae and Cabin Support was granted on 9 July 1998. U98101632/FUL for Installation of Rooftop Telecommunications Equipment was granted on 29 January 1999. C/O200033FUL for Replacement of 6 Panel Antennae with 6 Dual Polar Antennae, 1 No. 600mm Microwave Dish and Equipment Cabinet was granted on 25th February 2002. C/02/01525/FUL Installation of 3 No Telecommunications Antenna and Associated Cabinet and Support Structure was granted on 22 January 2003. C/03/01036/FUL Installation of 3 Telecommunications Antennae was granted to Vodafone on 18 September 2003. C/03/01621/FUL Installation of 3 Telecommunications Antennae was granted to 02 on 17 December 2003

Development Plan: The site is covered by retail policies and assessed against policy TELI Telecommunications Developments in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: The Radio Communications Agency (No Response)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is to reposition an existing antennae nearer to the roof top of 86 Graham Street, Airdrie. The upgrade will provide better coverage for Huthchison 3G. The application was submitted along with a certificate of ICNIRP compliance. The site is zoned COM3 Maintain Retail Core Areas in the Monklands District Local Plan 1991. There were no objections received following neighbour notification and consultation procedures. Government Offices U 7 Car Park ;"i The upgrade of the existing equipment is in line with policy TELI Telecommunications Developments set out in the Local Plan and other national guidance. Since there will be little visual impact caused by the proposal and it is in line with the above policy I recommend that the development be approved.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

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

Background Papers:

Monklands District Local Plan 1991 Application form and plans received 6th September 2004

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. Application No: C/04/01623/FUL

Date Registered: 22nd September 2004

Applicant: Mr & Mrs Neil 4 Roselea Caldercruix Airdrie Lanarkshire ML6 7QA

Agent Design Services 21 Hogan Drive Strathaven MLIO 6EP

Development: Rear Conservatory to Dwellinghouse.

Location: 4 Roselea Caldercruix Airdrie Lanarkshire ML6 7QA

Ward: 46: Plains And Caldercruix Councillor Thomas Morgan

Grid Reference: 281 889.667946.

File Reference: C/PL/CCR576004/LW/EL

Site History:

Development Plan: The property is covered by residential policies in the Monklands District Local Plan 1991 Contrary to Development Plan: No

Consultations: No consultations were carried out

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application relates to the erection of a conservatory to a terraced dwellinghouse at 4 Roselea, Caldercruix. Two letters of representation was received from neighbouring properties, the points raised have been detailed in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission is granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. Planning Application No C/04/01623/Ful rWire Councll Rear Conservatory to Dwellinghouse A Apaucd homth oram S~NWrnww wth ~Cnlnlon~f~Con~db,~fh,~~* Roselea, Caldercruix Airdrie to Scale SBt,OR*OiaUI ecramowwn@l Representations UnaUbdudrapnduuimIntlq-Clan rowd@l * admayladfopn-Uon ~ol~lpcodl~ 2. That the facing materials to be used for the proposed base course and fire wall of the conservatory shall match in colour and texture that of the existing adjoining building.

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

Background Papers:

Adopted Monklands District Local Plan 1991

Application form and plans received 9th September 2004

Letter from Linda Gray,6 Roselea, Caldercruix, Airdrie, M16 7QA received 10th September 2004. Letter from Robert Byrne,2 Roselea, Caldercruix, Airdrie, ML6 7QA received 10th September 2004.

Any person wishing to inspect these documents should contact Lesley Ward at 01236 812374. APPLICATION NO. C/04/01623/FUL

REPORT

I. Description of Site and Proposal

1.I The proposed development is the erection of a rear conservatory to a terraced dwellinghouse at 4 Roselea, Caldercruix. The conservatory will be approximately 5 metres wide, approximately 4 metres long, and approximately 3.4 metres height. The materials are proposed to match the existing house.

2. Development Plan

2.1 The site lies within an area zoned as Residential, covered by Policy HG9 (Existing Housing) in the Monklands District Local Plan 1991. The development raises no strategic issues.

3. Consultations and Representations

3.1 Two letters of representation have been received from neighbours at 2 and 6 Roselea, situated to the north and south of the application site. The main grounds of objection are as follows:

(i) The loss of view currently afforded to neighbouring residents (ii) Loss of daylight (iii) Loss of privacy (iv) Concerns over drainage maintenance and retention. (v) Unsafe and isolated area created as a result of the firewall since the rear door of a neighbouring property will not be as visible (vi) Concern over the safety of the remaining shed structure 4. Planning Assessment and Conclusions

4.1 The site is situated within a residential area. In assessing this application the local plan policy HG9 for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

4.2 In relation to the grounds of objection, these are addressed as follows:

(i) The right to a view is not a material planning consideration and therefore cannot be considered as part of this planning application. (ii) The proposal will have a minimal effect on the neighbouring property in terms of obstructing daylight. All properties have east-facing gardens, and it is felt that the overall detriment, in terms of reduction in daylight, would have a minimal adverse impact on objectors’ properties. The relevant sunlight tests have been carried and prove this is the case. (iii) There will be a firewall between the application site and the neighbours to the north, and there is an existing fence between the site and the neighbours to the south. As such, there will not be a significant detrimental impact on the existing levels of privacy. (iv) It is the responsibility of the developer to ensure that all drainage arrangements are satisfactory and do not affect drainage provision of neighbouring properties. (v) The conservatory is of a relatively small scale and will not have any significant impacts in terms of residential amenity and safety.

(vi) It is the responsibility of the developer to ensure that the removal of the existing shed will not have an effect on the property of neighbouring residents. Therefore the developer should ensure that any structures to be removed should be done in a safe manner. 4.3 In conclusion, the points of representation have been considered and no reason found to uphold the points raised or to request amendments to the proposals. In assessing the proposal in detail, the conservatory is acceptable in terms of the design and scale, should integrate satisfactorily with the existing dwellinghouse and should cause no adverse amenity effects in relation to privacy, parking and residual garden ground. The application raises no strategic issues and accords with the policies of the local plan.. It is therefore recommended that planning permission be granted subject to the appropriate conditions. Application No: C/04/01649/FUL

Date Registered: 29th September 2004

Applicant: Glenmac Sport Fisheries Ltd 29 Riversdale Grove Edinburgh EH12 5QS

Developmen t : Erection of Dwellinghouse including Formation of Vehicular Access to Fishery

Location: Madgiscroft Quarry Garngibboch Road Cumbernauld Glasgow

Ward: 33: North Central And Glenboig Councillor Mary Clark

Grid Reference: 274715 671997

File Reference: C/PL/ANG819/CM/EL

Site History: C/01/00282/FUL Change of Use of Disused Quarry to Course Fishery and Leisure Facility including Engineering Works and Temporary Accommodation Granted September 2001

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area cover by Policy GBI Restrict Development in Green Belt

Contrary to Development Plan: No

Consultations: S.E.P.A.(West) (No response) Scottish Water (No objection) British Gas Transco (No objection) Scottish Power (No Objection)

Representations: None Received Newspaper Advertisement: Advertised on 13th October 2004

Comments:

Planning permission is being sought for the erection of a permanent dwellinghouse within the grounds of Madgiscroft Fishery, Garngibboch Road, Cumbernauld. The fishery business occupies a former quarry and is situated approximately one mile to the south of Cumbernauld. The surrounding area is rural in character.

The house would replace a temporary residence, which has been occupied by a full time employee of the Fishery since 2002. The applicant has agreed to enter into a Section 75 Agreement to legally restrict the occupancy of the dwellinghouse to a full time employee of the fishery and to prohibit the separate sale of the dwellinghouse from the Fishery business.

The site is located within the designated greenbelt where policy GBI of the local plan states there is a presumption against development not in association with agriculture or forestry. I Planning Application No. C/04101649/FUL Produced by Planning and Environment Headqlaneii SUNIS 601. ~iemingHOW 2TrydRaad Erection of Dwellinghouse CUMBERNAULD A 01236067 1JW e1e21a F~X.oiw6 e16232 Madgiscroft Quarry, Garngibboch Road, Cumbernauld Not to Scale There were no adverse comments from external consultees, however Protective Services requested that a site investigation survey be carried out to determine if the site requires any remedial works to remove potential contaminants from the former quarry use. The Transportation Section had some concerns over the access but suggested appropriate conditions, which would allow a conditional planning permission to be granted.

The proposals require to be assessed under the terms of the development plan and any other material considerations. Whilst the proposed house would not be used in association with either agriculture or forestry it is required to support an existing fishery business that has been in successful operation since 2002. The fishery is considered to be an acceptable business use in the green belt.

Following consideration of the development plan policies and the mitigating factors discussed in the main report, the proposals are considered to be acceptable, and it is recommended that planning permission be granted subject to conditions and to the satisfactory completion of a Section 75 Agreement.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

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

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

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

4. That before the dwellinghouses hereby permitted is occupied, all screen fences, or walls, as approved under the terms of condition 3 above, shall be erected.

Reason: In the interests of residential amenity

5. That external materials shall be dark grey coloured Marley Ludlow Major roof tiles and off-white coloured render to external walls

Reason: In the interests of visual amenity and to protect the rural characteristics of the surrounding area.

6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the maintenance of these works

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

7. That within one year of the occupation of the dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity

8. That before the dwellinghouse hereby approved is occupied, the proposed new vehicluar access (shaded red on the approved plan) shall be provided to the satisfaction of the Planning Authority. The new vehicular access shall meet the following design requirements. (a) Visibility splays of 2.5m x 60 m shall be provided in both directions along Garngibboch Road. (b) This access shall form the sole access point to Magiscroft Fishery and shall serve both the dwellinghouse hereby approved and the Fishery business. (c) The vehicular access shall be a minimum of 5.5 m wide with 7.5 m radii curves and the first 4 m, (measured from the carriageway edge) shall be paved over its entire width.

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

9. That before the dwellinghouse hereby approved is brought into use, 2 dedicated parking spaces and vehicular turning facility shall be provided within the curtilage of the dwellinghouse

Reason: To ensure there are adequate parking and turning facilities available to the residents of the dwellinghouse.

10. That before the dwellinghouse hereby approved is occupied, the existing access (shaded green on the approved plans) shall be stopped up to the satisfaction of the Planning Authority. For the avoidance of doubt the Fishery business and dwellinghouse shall be served by the new access, as shaded red on the approved plans.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the site.

11. That within one month of the occupancy of the dwellinghouse hereby approved the temporary residence shall be removed from the site and the site reinstated to the satisfaction of the Planning Authority.

Reason: To ensure the temporary residence is removed in the interests of amenity and to accord with the terms of the planning permission. 12. That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed on a full time basis at Madgiscroft Fishery.

Reason: To accord with the approved Green Belt policy

13. That before the development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS). If investigations into the provision of such a SUDS scheme prove that it is impractical to implement, this shall be demonstrated to the planning authority in writing.

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

NOTE@) TO COMMITTEE

If granted, the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of a restriction of the occupation of the dwellinghouse to a person or persons in full time employment at Madgiscroft Fishery and to prevent the separate sale of the dwellinghouse from the existing fishery business

Background Papers:

Application form and plans received 14th September 2004

Memo from Protective Services received 15th October 2004 Letter from Scottish Water received 25th October 2004 Letter from British Gas Transco received 13th October 2004 Letter from Scottish Power received 15th October 2004 Memo from Transportation Section received 3"d November 2004

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376. APPLICATION NO. C/04/01649/FUL

REPORT

I. Description of Site and Proposal

1 .I Planning permission is being sought for the erection of a permanent dwellinghouse within the grounds of Madgiscroft Fishery, Garngibboch Road, Cumbernauld. The fishery business occupies a former quarry and is situated approximately one mile to the south of Cumbernauld.

1.2 The house would replace a temporary residence, which has been occupied by a full time employee of the Fishery since 2002. The applicant has agreed to enter into a Section 75 Agreement to legally restrict the occupancy of the dwellinghouse to a full time employee of the fishery and to prohibit the separate sale of the dwellinghouse from the Fishery business. Planning permission for the Fishery was granted subject to conditions in September 2001 (01/00282/FUL) and has been in operation since 2002. A new access would be formed off the public road and the existing access would be closed off.

1.3 The proposed dwellinghouse would consist of a single storey house sited to the south east of the main visitor car park. The house would provide 3 bedrooms, lounge, dining room, kitchen, utility room and bathroom/w.c. Externally the house would be finished in an off-white render with grey coloured tiles to a double-pitched roof. It would be secluded from the public road by an existing landscaped bund and a line of trees. A new vehicular access would be formed to offer better visibility along the public road and the existing access would be stopped up. The proposed dwellinghouse would be set within its own garden curtilage and the existing temporary accommodation would be removed. Two dedicated parking spaces and turning facility would be provided for the dwellinghouse without encroachment to the main visitor and staff parking facilities.

2. Development Plan

2.1 The site is located within the designated greenbelt where policy GBI of the local plan states there is a presumption against development not in association with agriculture or forestry or a use requiring a rural location. There are no strategic issues.

3. Consultations and Rewesentations

3.1 There were no adverse comments from external consultees, however Protective Services requested that a site investigation survey be carried out to determine if the site requires any remedial works to remove potential contaminants from the former quarry use. The Transportation Section had no objection subject to conditions.

4. Planning Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations. 4.2 Whilst the proposed house would not be used in association with either agriculture or forestry it is required to support an existing fishery business that has been in successful operation since 2002. The fishery is considered to be an acceptable business use in the green belt. The new house would replace a temporary accommodation that has been occupied by a full time employee of the fishery. In addition, the applicant has agreed to enter into a Section 75 Agreement to ensure the house could not be sold separately from the fishery business and to ensure it is occupied by a full time employee of the business. Given these mitigating factors, the proposals are considered to be acceptable in terms of the development plan policy. As such, the provision of a permanent dwellinghouse in support of the established fishery business is acceptable.

4.3 The positioning of the proposed dwellinghouse to the south east of the main visitor car park area is acceptable as a separate parking facility for two cars and rear private amenity space can be provided. The proposed design and finishing materials of the dwellinghouse are also considered to be acceptable. The Transportation Section have requested that the existing access be closed off and that a new single access be provided for both the dwellinghouse and visitor car park where visibility splays along Gargibboch Road can be improved. The developer has agreed to this road safety improvement and this requirement would be met by via a suitable condition should planning permission be granted. In addition, the submission of a site contamination report would also be subject to a condition.

4.4 Following consideration of the development plan policies and the above noted mitigating factors, the proposals are considered to be acceptable, and it is recommended that planning permission be granted subject to conditions and to the satisfactory completion of a Section 75 Agreement. Application No: C/04/01666/FUL

Date Registered: 21 st September 2004

Applicant: Strathclyde Homes Ltd Castlecarry Road Castlecarry Cumbernauld G68 ODT

Agent Dalziel Design Partnership Motherwell Business Centre 136 Coursington Road Motherwel I MLI 1PW

Development: Erection of 62 Dwellinghouses with Associated Access Roads and Associated Environmental Improvements

Location: Land South Of 40 Main Street Salsburgh Shotts Lanarkshire

Ward: 52: Salsburgh Councillor David Fagan

Grid Reference: 282566662467

File Reference: C/PL/SAM03004000/1J/EL

Site History:

Development PIan : The site is covered by Policies HG3/52 (New Private Sector Housing), GB2 (Restrict Development in Countryside) and ENV4/68 (Clearance of Derelict Sites) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: S. E.P.A.(West) (No objections) Scottish Water (Objections) British Gas Transco (No objections) Scottish Power (No objections) Central Scotland Forest Trust (No objections) British Telecom (No objections) Councillor Brian Brady (No response)

Representations: 4 Representation Letters

Newspaper Advertisement: 2gthSeptember 2004

Comments:

Permission is being sought for the erection of 62 private dwellinghouses on an area of land to the south of Main Street, Salsburgh. The application site measures 3.1 hectares, is currently vacant and overgrown, and has an avenue of mature trees along its western boundary. Planning Application No. C/04/01666/FUL Erection of 62 Dwellinahouses with Associated Access Roads and Associated Envir& mental Imp roveme nts Raduced bu Rannino a.h Emrironmenl N %%'%,no House Land South of 40 Main Street, Salsburgh, Shotts ZTwstRcsd CUMBWNAUW ea7 1Jw 01236616210 FaX 01236 616232 Jr Representation A Not to Scale Os Ll~~n~eLA090411 Site Area 3.2 HA The proposal seeks to provide a mix of detached, semi-detached and four in the block units within the site together with a centrally located small childrens play area and an area of woodland planting along the site’s western boundary.

In terms of the Local Plan the proposal is generally compliant in that the majority of the site is identified for private housing purposes (HG3/52) while the western most part of the site, which is designated for Green Belt purposes, will be retained and enhanced through woodland planting/environmental improvements. The proposal seeks to introduce a good mix of house types within the layout and the proposed design and external finishes are of an acceptable standard. Three letters of objection were received against this proposal, the contents of which will be detailed in the accompanying report. Having regard to the foregoing I consider this proposal to be of a high standard which will environmentally enhance an area of overgrown untidy land. The points of objection raised do not merit the refusal of this application and therefore I recommend that planning permission be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:.

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

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

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, a scheme of landscaping, including boundary treatment, for the area hatched green on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

Reason: To enable the Planning Authority to consider these aspects. 5. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shown on the approved plans; (b) the proposed grassed, planted and landscaped areas hatched green on the approved plans; (c) the proposed fences to be erected along the boundaries shown on the approved plans.

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

6. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 4 shall be in operation.

Reason: In the interests of amenity.

7. That within one year of the occupation of the tenth last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

8. That before the development hereby permitted starts, a scheme, for the provision of an equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play area(s), including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area(s), (d) details of the phasing of these works.

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

9. That before occupation of the tenth last dwellinghouse within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 6 above, shall be completed.

Reason: To ensure the provision of adequate play facilities within the site. 10. That before the development hereby permitted starts, a woodland management and maintenance scheme, covering the area hatched red on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) proposals for the continuing care, maintenance and protection of the trees, shrubs and hedges, including details of the timing and phasing of all such works; (b) details of the location, number, variety and size of trees and shrubs to be planted, and the phasing of such works.

Reason: In the interests of amenity.

11. That before completion of the landscaping and woodland planting hereby permitted, the woodland management & landscaping maintenance scheme, approved under the terms of condition 10 above, shall be in operation.

Reason: In the interests of amenity.

12. That before the development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS). If investigations into the provision of such a SUDS scheme prove that it is impractical to implement, this shall be demonstrated to the planning authority in writing.

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

13. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, as specified in their letter dated 11th October 2004, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements

14. That before the development is completed, junction visibility splays from the proposed site access onto the 87066 of 9.0 metres x 217 metres to the west and 9.0 metres x 120 metres to the east shall be provided.

Reason: In the interests of public safety.

15. That before the development hereby permitted is completed, a 2.5 metre wide footway with type "C"pedestrian guardrail shall be constructed adjacent to the carriageway and between the proposed access along the B7066 to the proposed refuge island to the west and the existing refuge island to the east. Alternatively, the footway shall be 2 metres wide and set back 2 metres from the carriageway, all in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of public safety. 16. That before the development hereby approved is completed, the existing crossing point on the north side of the 87066 shall be relocated, details of which shall be submitted to, and approved in writing by the Planning Authority, before any work starts.

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

17. That all driveways shall be either 3 metres wide x 10 metres long (minimum) or 5 metres x 6 metres long (minimum); they shall be fully paved over at least the first 2 metres and where the driveways slope towards the public road a drainage facility should be provided.

Reason: To ensure the provision of adequate parking facilities within the site and to prevent deleterious material being carried onto the highway.

18. That a minimum of 2 incurtilage car parking spaces shall be provided per dwelling except 2 bedroom flats which are served by parking courts where the parking provision will be 150% resident plus 150% visitor parking; and parking bays shall be 2.5 metres wide x 5 metres long with 6 metre wide aisle.

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

19. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure that the site is free from contamination.

Background Papers:

Application form and plans received 20th September 2004

Memo from Transportation Section received 02ndNovember 2004 Memo from Protective Services Section received lgthOctober 2004 Memo from NLC Community Services received 6th October 2004 Letter from S.E.P.A.(West) received 1st November 2004 Letter from Scottish Water received 13th October 2004 Letter from British Gas Transco received 30th September 2004 Letter from Scottish Power received 4th October 2004 Letter from Central Scotland Forest Trust received 1st October 2004 Letter from British Telecom received 6th October 2004

Letters from J Bergin,l37 Carvale Avenue , Salsburgh, Shotts , ML7 4NQ received 8thand 20th October 2004. Letter from Salsburgh Community Council,2 Dewshill Cottages, Salsburgh, ML74NX received 21‘ October 2004. Letter from Mrs E S Kiifour, Longacre Cottage, 65 Springfield Road, Salsburgh on behalf of “Smarter Scotland”, received 04 November 2004.

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382. APPLICATION NO. C/04/01666/FUL

REPORT

1. Description of Site and Proposal

1.I The application site measures 3.1 16 hectares and comprises of an area of overgrown, grassed land that is relatively flat, rectangular in shape and contains an avenue of mature trees along its western boundary. The site accommodates a number of informal paths that are used by the general public. The site is located to the south of Main Street, Salsburgh and is bounded to the north by the B7066 Glasgow to Edinburgh road, to the east by existing residential properties and to the west and south by open fields.

1.2 The proposal seeks to accommodate 62 private dwellings of a variety of house types, including detached, semi-detached and cottage flats. Sole vehicular access into the site will be taken directly from the B7066 road at the northern boundary of the site. The layout will include the provision of a small childrens play area, pedestrian links to Blackcroft Terrace and the lands to the south of the site, and substantial environmental improvements including woodland planting along the western part of the site. Externally the new build will be finished in render/facing brick with concrete roof tiles. Internally the dwellings will provide the following accommodation:

Semi-detached (Pent/and)(22 units) : ground floor - Lounge, KitchenlDining area, W .C. and Store upper floor - 3 Bedrooms (one with en-suite) and Bathroom

Cottage Flats (76 units) : Living room, Kitchen, Bathroom and 2 bedrooms (one with en-suite)

Detached (Ba/erno)(6 units) : ground floor - Lounge, Dining area, Kitchen, Utility room, Store and Integral garage. upper floor - 4 Bedrooms (one with en-suite) and Bathroom

Detached (Kirk)(7 unit): ground floor - Lounge, Kitchen/Dining area, W.C. and Integral double garage. upper floor - 4 Bedrooms (one with en-suite), Bathroom and study.

Detached (Kirk)(77units):ground floor - Lounge, Kitchen/Dining area, W.C. and Integral single garage upper floor - 3 Bedrooms (one with en-suite), Bathroom and study

Detached (Pent/and)(6 units): ground floor - Lounge, Kitchen/Dining area, W .C. and Store upper floor - 3 Bedrooms (one with en-suite) and Bathroom

2. Development Plan

2.1 In terms of the Monklands District Local Plan 1991 the site is located within an area covered by the following policies: HG3/52: New Private Sector Housing Development - Carvale Avenue (linked to woodland planting) GB2: Restrict Development in the Countryside ENV4/68: Clearence of Derelict Sites - Craighead, Salsburgh 3. Consultations and Representations

3.1 The following statutory consultees offered no objection to this proposal - Scottish Power, BT and Transco. Scottish Water objected to the proposal. However, they also advise that the objection would be removed if the developer agrees to meet the costs of the increase in capacity of Scottish Water’s existing infrastructure to accommodate their development and promotes a scheme that does not compromise the quality and quantity of discharge from the existing sewerage system and which is in terms satisfactory to Scottish Water.

3.2 The Transportation Section have offered no objection to this proposal subject to the imposition of appropriate conditions on any planning permission requiring the laying out of the in-site roads and driveways to standards and specifications required by the roads authority.

3.3 NLC Community Services has advised that the local community group, Smarter Salsburgh, have recently received funding to undertake improvements to the existing path network to the south and south east of the application site and therefore the proposed inclusion of a pedestrian link footpath between the development and these paths to be upgraded is welcomed. Taken together with the proposed footpath link to Blackcroft Terrace then an improved path network will be provided for walkers and cyclists and a circular link to Blackcroft Terrace from the path network will be created. The Central Scotland Forestry Trust also welcomes the proposal.

3.4 Following the standard neighbour notification process three letters of objection were received against this DroDosal. The main Doints of obiection are as follows: some oithe plots are too close to the ixisting adjacent residential properties and this would impinge on the privacy of those properties. The development would result in increased noise and artificial light into a quiet and silent area. The area is currently used by local residents for recreational (walking) purposes and that facility has been available, unrestricted, for over 20 years. The development is on ground that currently provides public access to the Riven Loch Plantation Walkway and no provision has been made in the layout to accommodate public access to that Walkway. The removal of the existing link from Carvale Avenue through the site to the walkway will defeat the purpose of the walkway itself. The proposed removal of the existing footpath along the south side of the B7066 at the development site frontage will deny the local community the use of a well established pedestrian pathway to the junction of Springfield Road. The removal of the existing pedestrian crossing at the development site frontage will create a danger to persons crossing that roadway. Lack of consultation with the community has raised fears that future details of the proposal may be considered as “reserved matters” issues under delegated powers and that the general public will have no knowledge or input into the consideration of these.

4. Planning Assessment and Conclusions

4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 In terms of the development plan, the proposed development does not meet the scale of significance (Schedule 9) for normal assessment against the Glasgow and Clyde Valley Joint Structure Plan 2000 and therefore raises no strategic issues. 4.3 In terms of the adopted Monklands District Local Plan 1991 the majority of the application site is covered by specific policy HG3/52 which seeks to develop the land for private housing purposes. The westernmost part of the application site (together with additional land to the west) is specifically identified through policy ENV4/68 as a priority site within the Green Belt (policy GB2) for derelict land clearance. The proposal therefore accords with the development plan through the removal of an area of former dereliction and the introduction of a development end use that is specifically identified in the Local Plan.

4.4 This proposal has been the subject of detailed pre-application between the applicant and this department, including the Transportation Section and as a result the standard of design and layout proposed is considered to be of a high standard that will significantly improve an area of heavy overgrowth which does little to enhance the adjacent residential part of Salsburgh on the south side of the B7066. The provision of an acceptable level of amenity play area provision together with the introduction of substantial environmental improvements, including a woodland planting scheme along the western edge of the site is welcomed and will result in a visually attractive development when viewed from the B7066. The internal road detail is, subject to minor modifications required to meet the standards necessary for future adoption, considered acceptable to the Transportation Section.

4.5 Having regard to the points of objection raised I would offer the following comments:

a) There is no privacy conflict between the development site and the objectors property as only the gable of that property is directed towards the development site and a new 2 metre high timber fence will screen the rear garden areas of the new properties (plots 20-24) from the objectors substantial rear garden area.

b) While additional noise disturbance is inevitable during construction works the levels of noise and artificial light emanating from the development site on completion are unlikely to be significant or to the detriment of the existing adjacent residents amenity.

c) and d) Any current recrealional use (for walking purposes) of the development site by the general public is in an informal basis as the land is in private ownership. However, as part of the submitted proposals a pedestrian footpath link between the application site and the built up areas to the east (Blackcroft Terrace) is proposed together with two dedicated footpaths created within the site that will link into the existing path network to the south and south east of the application site. This will allow for access through the development site to the upgraded path network for walkers and cyclists while also providing a circular link to Blackcroft Terrace from that network. The removal of the existing informal link to the walkway from Carvale Avenue is necessary to accommodate the development proposals although the provision of a link through the development site from Blackcroft Terrace will preserve a circulatory route linking the Riven Walkway with other upgraded footpaths (through grant aid received by Smarter Salsburgh) around this part of the Village.

e) The development proposals seek to retain a pedestrian footpath along the frontage of the application site on the south side of the B7066 as part of the existing pedestrian link between the houses to the east of the application site and Springfield Road. While the existing pedestrian crossing at the site frontage will be removed to accommodate the site access the developer is required, subject to planning permission being granted, to introduce an alternative crossing at a point to be agreed.

f) The submission currently under consideration is seeking detailed planning permission and this department is confident that sufficient detailed information has been put forward by the applicant to allow the application to be determined on that basis. Where this department consider there is a requirement for the submission of additional informationldetail then these matters can be controlled through appropriate conditions on any planning permission given. The local community has the opportunity at this detailed application stage to make comment on all aspects of the development and to seek clarification from this department on any matter relating to the submission.

4.6 Having regard to the foregoing I consider that this proposal is acceptable both in policy and design terms and I do not consider that the points of objection merit the refusal of the application. I therefore recommend that planning permission be granted subject to the attached conditions. Application No: C/04/01679/FUL

Date Registered: 21 st September 2004

Applicant: Mrs Wallace 25 Lavelle Drive Coatbridge ML5 3QN

Development: Erection of rear access stairs (retrospective).

Location: 25 Lavelle Drive, Coatbridge Lanarkshire ML5 INJ

Ward: 34: Coatbridge Central Councillor Thomas Nolan

Grid Reference: 274296.9 6651 33.3

File Reference: C/PL/CTB468068/CMVEL

Site History:

Development Plan: The property is covered by policy HG9 (Existing Residential Area) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

The application relates to the erection a rear stair access to a 4 in a block, ground floor flatted property at No 25 Lavelle Drive, Coatbridge. Two letters of representation have been received in respect of this proposal, the contents of which have been detailed in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission be granted.

Recommendation: Grant

Background Papers:

Application form and plans received 21" September 2004

Letter from Mr & Mrs Taylor 27 Lavelle Drive received on dhOctober 2004 Coatbridge. Letter from Mrs M Brown 23 Lavelle Drive, Coatbridge received on 2gthSeptember 2004.

Any person wishing to inspect these documents should contact Charmaine Mills at 01236 812375. Planning Application No. C/04/01679/FUL Erection of Rear Access Stairs (Retrospective) Roduoed by rI@lre Rannlngand Enlrmmnt wntll Head wtw6 %#te%4 Floming Houie 2 Tryst Rmd 25 Lavelle Drive, Coatbridge CUMBERMUD 087 1JW A RvOlYIfhomthOlhru9uwqmqpiqw)h b pmlasimdfh Cawlitd hrtabvs 01236 a6210 FBX oim618232 NottoScale wemeon* ~cmnwnsi Os Llmnoe LAO9041L Representations LhUbnsOd-pndlM lmhq~Cmnw0OL * d mq1kdtoprnsaU.m mddl po&lw APPLICATION NO. C/04/01679/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought, in retrospect, for the erection of rear access stairs at 25 Lavelle Drive, Coatbridge. The application property is a ground floor, 4 in a block (flatted) dwellinghouse set within an existing residential area (Dunbeth). The proposal involves the replacement of a former stairway with a new stairway on the rear elevation of the building. The new build is externally finished in roughcast to match the main building with dimensions of 2.1 m (height) x 3.2m (length) x 2.2m (breadth).

2. Developmen t Plan

2.1 The property is covered by residential policy HG9 (Existing Residential Area) in the Monklands District Local Plan 1991.

3. Consultations and Representations

3.1 Following the submission of the application two letters of objection were received against the proposal. There was also a letter of support from T Cahill who is the Agent acting on behalf of Mrs Wallace. The main grounds of objection are as follows:

(i) The structure prevents access to upper floor windows for cleaning and maintenance purposes. Repair and maintenance of gutters and downpipes on the building will also be prevented by this structure whereas the occupiers of the buildings Land Certificate requires a right of access for such maintenance.

(ii)The stair access has increased in size from the previous stair access. The height of the stair access is 2.1 m in height, 3.2m in length and 2.2m in breadth at the rear of the dwellinghouse whereas the previous stair access was 1.I m in height, 0.9m in length and 1m in breadth.

(iii)The stair access may be built over common drainage.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In assessing this application the local plan policy HG9 for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

4.2 In relation to the grounds of objection these are addressed as follows:

(i) The positioning of the stair access would not obstruct any maintenance or repair of any upper floor windows, gutters or downpipes. There is adequate access for maintenance for the upper part of the flatted development as a gap of 0.9 metres has been retained between the stair access and the rear wall of 25 Lavelle Drive. With regards to Land Certificate this issue is a legal matter to be resolved between owners.

(ii) It is felt that from a planning respect the stair access would cause no adverse amenity effects in relation to day light and privacy to the surrounding properties and in terms of the design and scale it would integrate satisfactorily with the existing dwellinghouse. (iii)This issue is the responsibility of the developer in liaison with Building Control section and the relevant statutory body.

4.3 In this case, the proposal is not contrary to the development plan and the main issue is the impact of the proposed rear stair access on the neighbouring proprietor and access to the neighbouring property No27 Lavelle Drive which is the property directly above No25 Lavelle Drive, Coatbridge. It is considered that the design and scale of the proposed extension is acceptable from a planning viewpoint and the use of similar external materials to the main building i.e. roughcast is welcomed. Notwithstanding the objections raised by No. 23 and No. 27 Lavelle Drive, and discussed in Section 3 above, it is recommended that planning permission be granted. Application No: C/04/01699/FUL

Date Registered: 28th September 2004

Applicant : Mario Rea 41 Limewood Place Drumpelliar Lodge Coatbridge G69 7SZ

Agent IFT Partnership Ltd Fountain Business Centre Ellis Street Coatbridge ML5 3AA

Development: Erection of Residential Development ( 3 Detached and 6 Semi- Detached Houses)

Location: Vacant Land At 25-29 Crowwood Crescent Calderbank Airdrie Lanarkshire ML6 9TA

Ward: 50: Calderbank Councillor Patrick Donnelly

Grid Reference: 276728662957

File Reference: C/PL/CAC8640258000/1J/EL

Site History: C/OO/OO273/FUL Erection of 3 Dwellings Granted 1lth August 2000 C/OO/O1125/AMD Erection of 7 Dwellings Granted 1!jth Nov. 2000 C/02/00484/FUL Erection of 3 Dwellings Granted 1Oth June 2002

Development Plan: The site is covered by Policy HG9 (Housing Policy for Residential Areas) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: S.E.P.A.(West) (No response) Scottish Water (No objections) British Gas Transco (No objections) Scottish Power (No objections)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Permission is being sought for the erection of 9 dwellinghouses on an area of vacant land addressed as 25-29 Crowwood Crescent, Calderbank. The application site measures 0.38 hectares and is located within a housing area on the west side of Main Street, Calderbank. I Planning Application No. C/04/01699/FUL Erection of Residential Development ROdUoBdby (4 Detached and 6 Semi-Detached Houses) rkshlre Ranning end Environment Hesdqmrteis WnrD Svlla 501 Flemlng HOUBB 2TVeIRmdCUMBWNAULC Vacant Land at 25-29 Crowwood Crescent, Calderbank, Airdrie 087 1Jw mpmrud tmihordlm ~unvmappw~it V# prmiuh d )Le Cmbdlm d br 01238 618210 FBX 01216 616232 mh.h s aS LICB~CBLAOQO~~L Site Area 0.38 HA NotA to Scale ~~~~~~~~~~~I~~~~,~"~,~, ~~~l~d~~~~~~~~~l~~l~~i~ The site lies on the southern side of Crowwood Crescent opposite Corpus Christi Primary School and is made up of a slightly sloping vacant area of land that was previously occupied by a market garden (nursery) and a garage reserve site. The site is bounded to the north by Crowwood Crescent, to the east and west by two storey local authority housing and to the south by single storey private residential properties.

The proposal is for the erection of 9 two storey dwellinghouses that will all be served from a new single 5.5 metre wide (with 2 metre wide footways either side) access road created within the site from Crowwood Crescent at a point opposite the existing primary school. The new access road will be designed to adaptable standards and will include a turning circle with visitor parking at its southern most point. The dwellings will be a mix of three detached and six semi-detached units all fronting towards the new central access road. Two detached dwellings, both positioned along the western part of the site, will accommodate a Lounge, Dining Area, Kitchen, Hall and Bedroom with en-suite all on the ground floor. On the upper floor 3 Bedrooms (one with en-suite) and a Bathroom are proposed. A single detached dwelling will be located at the site frontage and will have similar internal accommodation as the other detached units. The semi-detached dwellings will accommodate a Lounge, Dining Area, Kitchen, Hall and Integral Garage on the ground floor with 4 Bedrooms (one with en-suite) on the upper floor. Externally all the new build will be finished in render with facing brick base and concrete roof tiles.

The development proposals are compliant with the terms of the development plan in that the site is located within an area designated (under policy HG9 of the Monklands District Local Plan 1991) for residential purposes and while there has been a recent history of previous planning permissions for residential uses on this site, none have been implemented to date. There are no strategic issues raised. The proposed layout of the site has been the subject of both pre and post submission discussion with the department and the in-site road has been designed to a standard required by the Transportation Section for adoption. It should be noted that while the initial submission proposed 10 dwelling units the numbers were reduced to 9 to satisfy the requirements of the Transportation Section in respect of sight lines, road geometry and drivewaylfootpath standards. No objections have been received against the proposal and therefore it must be assumed that the redevelopment of this untidy site is welcomed by the surrounding community. The design and external finish of the new build will complement the surrounding established residential properties and the retention of existing screen planting, together with the provision of additional planting where possible will provide privacy between the new dwellings and the adjacent existing residential properties. While a number of individual plots are marginally below the recommended rear garden length this is compensated for by longer front or side gardens. Having regard to this the submission now under consideration is also seen as acceptable when considered against the approved Design Guidance on "Open Space around Dwellings". Having regard to the foregoing I therefore recommend that permission be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That the development shall be carried out strictly in accordance with the approved plan (ref:312/01B Rev.A dated 29.10.2004) and no change to the design, external finishes or site layout shall take place without the prior written approval of the Planning Authority.

Reason: To define the permission.

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

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

4. That before the development hereby permitted 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.

5. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, as specified in their letter dated 11th October 2004, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements

6. That before the development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS). If investigations into the provision of such a SUDS scheme prove that it is impractical to implement, this shall be demonstrated to the planning authority in writing.

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

7. That minimum visibility splays of 2.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before any dwellinghouse hereby permitted are occupied; everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure satisfactory vehicular access facilities to the site

8. That all driveways shall be either 3 metres wide x 10 metres long (minimum) or 5 metres x 6 metres long (minimum); they shall be fully paved over at least the first 2 metres and where the driveways slope towards the public road a drainage facility should be provided.

Reason: To ensure the provision of adequate parking facilities within the site and to prevent deleterious material being carried onto the highway.

9. That before any dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

Background Papers:

Application form and plans received 22nd September 2004

Memo from Transportation Section received gthNovember 2004 Letter from Scottish Water received 13'h October 2004 Letter from British Gas Transco received 06'h October 2004 Letter from Scottish Power received 0!jth October 2004

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382. Application No: C/04/01769/FUL

Date Registered: 7th October 2004

Applicant: Mr K. Watt 18 Alexander Street Coatbridge Lanarkshire ML5 3JN

Agent D & S Winning Property Consultants 25 Monks Road Airdrie ML6 9QW

Development: Erection of Extension to Rear of Dwellinghouse

Location : 18 Alexander Street Coatbridge Lanarkshire ML5 3JN

Ward: 34: Coatbridge Central Councillor Thomas Nolan

Grid Reference: 273617.665604.

File Reference: C/PL/CTA435018/LW/EL

Site History:

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

Contrary to Development Plan: No

Consultations: No consultations were carried out

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application relates to a single storey rear extension to a terraced dwellinghouse at 18 Alexander Street, Coatbridge. One letter of representation was received from a neighbouring property, the points raised have been detailed in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission is granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. Planning Application No C/04/01769/Ful Rodmad by Rmnlnri and Envimnmsnl Erection of Extension to Rear of Dwellinghouse

18 Alexander Street, Coatbridge * Representation 2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Adopted Monklands District Local Plan 1991

Application form and plans received 7th October 2004

Letter from Mr And Mrs M. Stephen, 20 Alexander Street, Coatbridge, Lanarkshire, ML5 3JN, received 18th October 2004.

Any person wishing to inspect these documents should contact Lesley Ward at 01236 812374. APPLICATION NO. C/04/01769/FUL

REPORT

1. Description of Site and Proposal

1.I The proposed development is a single storey extension to the rear of a terraced dwellinghouse at 18 Alexander Street, Coatbridge. The extension will project approximately 7 metres from the rear of the existing house and will be approximately 4.5 metres wide and approximately 4 metres in height. The extension will be constructed almost to the boundary line of the rear garden on both sides.

2. Development Plan

2.1 The site lies within an area zoned as Residential in the Monklands District Local Plan 1991. The development is in accordance with the Development Plan and raises no strategic issues.

3. Consultations and Representations

3.1 One letter of representation has been received from a neighbour at 20 Alexander Street, situated to the east of the application site. The main grounds of objection are as follows:

(0 The rear extension must be built off the boundary line. (ii) The existing drainage provision must be left in place since adjoining neighbours’ drainage is connected to it. (iii) Extensions must be built in line since the houses sit on a slope.

4. Planning Assessment and Conclusions

4.1 The site is situated within a residential area. In assessing this application the local plan policy for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

4.2 In relation to the grounds of objection, these are addressed as follows:

(i) The applicants may build to the boundary line within their curtilage provided that there are no adverse effects on neighbouring properties in terms of overhanging gutteringleaves etc. (ii) It is the responsibility of the developer to ensure that the extension does not effect neighbouring properties in terms of disruption to drainage etc. (iii) There are no restrictions on the siting and building line of extensions to the rear of this property, and therefore the extension does not require to be built in line with previously constructed extensions of neighbouring properties.

4.3 The extension is of a large scale, being 7 metres in length, however, the adjacent neighbours have rear extension albeit not so great in length. The additional length of this proposal does not raise issues in terms of loss of sunlight or daylight to neighbouring properties due to the relative positions of the extensions on one side and the orientation of the house to the west.

4.4 In conclusion, the points of representation have been considered and no reason found to uphold the points raised or to request amendments to the proposals. In assessing the proposals in detail it is considered to be acceptable in terms of the design and scale, should integrate satisfactorily with the existing dwellinghouse and should cause no adverse amenity effects in relation to privacy, parking and residual garden ground. The application raises no strategic issues and accords with the policies of the local plan. It is therefore recommended that planning permission be granted subject to the appropriate conditions. Application No: C/04/01836IAMD

Date Registered: 19th October 2004

Applicant: Mr J. Rea 18 Heathery Lea Avenue Carn broe Coatbridge Lanarkshire ML5 4JT

Agent IFT Partnership Ltd Fountain Business Centre Ellis Street Coatbridge ML5 3AA

Development: Amendment to C/03/01657/Ful (Single and Double Storey Extension Rear Extension, Formation of Bay Window and Conversion of Garage to Habitable Room) to Include a Single Storey Lounge Extension

Location : 18 Heathery Lea Avenue Carnbroe Coatbridge Lanarkshire ML5 4JT

Ward: 35: Sikeside And Carnbroe Councillor John Cassidy

Grid Reference: 274885663111

File Reference: CIP L/CTH2000 I 8ILW /EL

Site History: C/03/01657 Single and Double Storey Rear Extension to Dwellinghouse, Formation of Bay VVhdow and Conversion of Garage to Habitable Room. Approved 6 February 2004.

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

Contrary to Development Plan: NO

Consultations: No consultations were carried out

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application relates to a single and double storey rear extension, single storey lounge extension, formation of bay window and conversion of garage to habitable room to a detached dwellinghouse at 18 Heathery Lea Avenue, Carnbroe, Coatbridge. 'C

Planning Application No C/04/01836/AMD Rodwed by Single and Double Storey Rear Extension, Single Storey Lounge Extension, Rcnnlng and Emrlronment rlCshlreCsuncll neadqunm Formation of Bay Window and Conversion of Garage to Habitable Room Suile 501 Flaming House 2 TWI Rad (Amendment to C/03/01657/FUL) CUMBERNAULD GB7 IN R.~~olur.ltom(hOldlMSUNIlmgpilOulh 012366iu2io F~Xoim 618232 A h.pnnllicnofh.CmfmHr~fh,~~~. 1 Heathery Lea Avenue Carnbroe, Coatbridge Not to Scale k%~%!&%%~~~~%rwnwr~~t OS L1cenoeLA09041L 4 Representation M mmiratopn~uuon~r~porrjirg This application is an amendment to a previous consent (reference number C/03/01657) to include the lounge extension. One letter of representation was received from a neighbouring property, the points raised have been detailed in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission is granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

Reason: To safeguard the residential amenity of the area.

Background Papers:

Adopted Monklands District Local Plan 1991

Application form and plans received 19th October 2004

Letter from J. A. & A. M Martin,20 Heathery Lea Avenue, Carnbroe, Coatbridge, Lanarkshire, ML5 4JT, received 21 st October 2004.

Any person wishing to inspect these documents should contact Lesley Ward at 01236 812374. APPLICATION NO. C/04/01836/AMD

REPORT

1. Description of Site and Proposal

1.I The proposed development is a single and double storey rear extension, a single storey lounge extension, the formation of a bay window and conversion of a garage to a habitable room to a detached dwellinghouse at 18 Heathery Lea Avenue, Carnbroe, Coatbridge. This application is an amendment to a previous application to include a lounge extension and since work has commenced on site, most elements of the previous application have already been constructed.

2. Development Plan

2.1 The site lies within an area zoned as Residential in the Monklands District Local Plan 1991. The development is in accordance with the Development Plan and raises no strategic issues.

3. Consultations and Representations

3.1 One letter of representation has been received from a neighbour at 20 Heathery Lea Avenue, situated to the south of the application site. The main grounds of objection are as follows:

(0 The proposal will make the neighbouring property less desirable for re-sale (ii) A detached property will appear to be linked (iii) The space between the two properties is inadequate (iv) The level of noise from the new extension will cause disruption to the neighbouring property’s living space (v) Loss of light to downstairs window (vi) The proposal will affect any future planning application for the neighbouring property. (vii) If a garage was erected at the neighbouring property, the closeness of the properties could be a fire hazard.

4. Planninn Assessment and Conclusions

4.1 The site is situated within a residential area. In assessing this application the local plan policy for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

4.2 In relation to the grounds of objection, these are addressed as follows:

The resale of properties is not a material planning consideration and as such cannot be considered as part of this application. The lounge extension will not be built onto the boundary line and as such, the properties will not appear to be linked The lounge extension to the side of the application site adjoins the driveway of the neighbouring property and therefore the space between the properties is sufficient. Since the lounge extension abuts the neighbouring driveway, there will be a minimal impact on the neighbouring property in terms of the additional noise generated. The lounge extension nearest the neighbouring property is single storey and as such there will be no loss of sunlight or daylight to the neighbouring property. Any subsequent planning application submitted for a neighbouring property will be considered on its individual merits and therefore cannot be considered as part of this application. The provision of a firewall is under the jurisdiction of Building Control who will ensure that any structures erected do not pose a fire risk to neighbouring properties. 4.3 In conclusion, the points of representation have been considered and no reason found to uphold the points raised or to request amendments to the proposals. In assessing the proposals in detail it is considered to be acceptable in terms of the design and scale, would integrate satisfactorily with the existing dwellinghouse and would cause no adverse amenity effects in relation to privacy, parking and residual garden ground. The application raises no strategic issues and accords with the policies of the local plan. It is therefore recommended that planning permission be granted subject to the appropriate conditions. Application No: S/02/01359/OUT

Date Registered: 9th October 2002

Applicant : Anthony Young 114 Main Street Lochgelly Fife KY5 9AA

Agent: Marshall Ross & Munro 106 Hamilton Road Motherwell MLI 3DG

Development: Erection of Dwellinghouse (In Outline)

Location: 204 Main Street, Holytown, Motherwell

Ward : 27: Holytown Councillor James Coyle

Grid Reference: 276830 660615

File Reference: SIPLIBISII (54)IGLAM

Site History: None

Development Plan: The site is zoned as Policy DCI Mixed Use in the Northern Area Local Plan (1986). The site is zoned as Policy HSG 8 -Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: Coal Authority (no objection) Scottish Power (no objection) Scottish Water (no objection) British Gas Transco (no objection)

Representations: 2 representations received

Newspaper Advertisement: Not required

Comments:

Outline consent is sought for the erection of a dwellinghouse at land at 204 Main Street, Holytown. The site is located to the rear of the flatted properties on Main Street, Holytown, with its frontage and access onto Melrose Avenue. The adopted local plan of 1986 zoned the area as mixed use, which supported residential development within this area. The Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) zones the land as established housing areas, therefore supporting the principle of residential development. Detailed elements relating to the scale and design of the building and associated car parking and landscaping can be resolved during the consideration of a reserved matters application. Utility bodies have confirmed they can serve the site. NLC Transportation have assessed the application and outlined necessary conditions. There have been two letters of objections received in

respect of the development. For the reasons given in my accompanying report, I recommend that outline consent be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for the management and maintenance of the areas identified in (c),(d) and (e) above; (9) the design and location of all boundary walls and fences; (h) the provision of drainage works; (i) the disposal of sewage; (j) details of existing trees, shrubs and hedgerows to be retained; (k) details of existing and proposed site levels.

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

2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

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

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

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

4. That the development hereby permitted relates to the principle of forming residential development on the site and gives no approval to the layout as proposed on the indicative plan.

Reason: To define the permission.

5. Notwithstanding condition no. 1 above, the vehicular access to this property should be taken from Melrose Avenue via a dropped kerb footway crossover and shall be located at least 15 metres from the junction of the private access and Main Street.

Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit.

6. Notwithstanding condition no. 1 above, a driveway of at least 6 metres in length where it forms access to a garage and 10 metres in length where there is no garage, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

Reason: To provide adequate off street parking facilities and to prevent loose material being carried onto the public highway/footpath in the interests of traffic safety. 7. Notwithstanding condition no. 1 above, a turning facility in addition to any parking area shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To allow adequate space for vehicles to turn and exit the site in forward gear in the interests of traffic safety.

8. That a visibility splay of 3.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit.

9. Notwithstanding condition no 1 above, the footpath shown hatched on the approved plan shall be retained for pedestrian access to 208 Main Street, Holytown.

Reason: To ensure satisfactory access to 208 Main Street, Holytown.

10. The rear garden will be a minimum of 8.5 metres deep to enable a 1.8 metre high boundary fence to be erected, at the point marked green on the approved plans.

Reason: In the interests of privacy and visual amenity of the application site.

11. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, there will be no habitable room windows in the northern elevation.

Reason: In the interests of privacy for the residents in Main Street, Holytown.

Background Papers:

Application form and plans received 9th October 2002 Letters from Marshall, Ross & Munro received 26th November 2002, 10th January 2003, 13th May 2003, 11th June 2004, 14th July 2004, 1st November 2004 Memo from NLC Transportation Section received 10th October 2002 Letter from The Coal Authority received 16th October 2002 Letter from Scottish Power received 17th October 2002 Letter from British Gas Transco received 21st October 2002 Letter from Scottish Water received 21st November 2002

Letter from Mr & Mrs J Thomson, 208 Main Street, and Mr & Mrs T Collins, 212 Main Street Holytown received 16th October 2002 Letter from Mr & Mrs J Thomson, 208 Main Street, and Mr & Mrs Collins, 212 Main Street, Holytown received 24th June 2004

Northern Area Local Plan (Adopted 1986) Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Gillian Murray at 01698 302142. APPLICATION NO. S/O2/01359/OUT

REPORT

1. Description of Site and Proposal

1 .I The application site is located at the corner of Main Street and Melrose Avenue, Holytown. The site is flat, with some grass and a tree, and there is also unsurfaced ground utilised for informal parking and access purposes. The site has an open aspect onto Melrose Avenue, where the vehicular access is proposed. Although the site is vacant, it is not overgrown, as the residents in 208 and 212 Main Street have allegedly maintained it over the years and utilised it for parking and access purposes.

1.2 The site lies within a predominantly residential area, although commercial, retail and community uses do prevail within the area. The site is adjoined to the north and east by flatted properties and retail premises on Main Street; to the south by a Social Club; and to the west by Melrose Avenue.

1.3 Outline consent is sought for a dwellinghouse on the site. An indicative layout submitted proposes a 2 storey dwellinghouse, illustrating garden ground standards, parking and access provision. The dwellinghouse would have a frontage and vehicular access onto Melrose Avenue. The dwellinghouse would be compact in order to meet the minimum standards for garden ground and vehicular access and parking provision. The plan illustrates a footpath to be retained to the rear of the site, for the purposes of wheelchair access for the resident at 208 Main Street, Holytown.

2. DeveloPment Plan

2.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies.

2.2 The site is zoned as Policy DC 1 Mixed Use as defined by the Northern Area Local Plan (adopted 1986) and Policy HSG 8 Established Housing Areas in the emerging Southern Area Local Plan Finalised Draft (Modified 2001 & 2004). The policy states that “the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas”. The development of a new dwellinghouse at this location is therefore, in accordance with the development plan.

2.3 Policy HSG 11 lnfill Housing Development of the Finalised Draft provides a list of criteria against which new housing developments on gap sites should be assessed. Such criteria includes the effect on the character and amenity of the area, provision of access and parking, as well as due consideration to the scale, design and layout of the development.

3. Consultations and Representations

3.1 The utility bodies raised no objections to the development and confirmed that they can service the site.

3.2 NLC Transportation Section had no objections to the proposal subject to a number of conditions relating to access and parking.

3.3 There were two letters of objection received, one dated 16‘h October 2002 and an amended version dated 24‘h June 2004. In each letter, there were four signatures, two couples from 208 and 212 Main Street, Holytown. The objectors concerns can be summarised as follows:- 0 Gaining access to the rear of both residences 0 Residential amenity e.g. noise, overshadowing & privacy 0 Unsettling the ground and causing subsidence to both buildings 208 & 212 0 If property concerned is going to be used for business purposes 0 No caravans or JCB’s as applicant owns a contractor’s company 0 Traffic congestion no off street parking for our vehicles 0 Access for wheelchair needed by Mrs Thomson 0 Land has been maintained by the objectors for 13 years 0 No indication in plans as to what is actually going to be built 0 Owner at number 21 8 has never been notified of this and uses the runway to get into his premises as this was on his title deeds from the start

4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposal is in accordance with both the adopted and emerging local plan policies. In the 1986 adopted plan, residential development was acceptable within a mixed use zoning and likewise a new development is supported within the established housing area zoning of the emerging Local Plan (modified 2001 and 2004). The emerging plan requires that consideration be accorded to the compatibility of new uses with surrounding land uses. As the site is bounded by some residential and other mixed uses, it is considered that an additional one dwellinghouse will be compatible with surrounding uses and will therefore be acceptable in principle.

4.2 Outline applications simply seek to secure the principle that development is acceptable and whilst no permission is accorded to the indicative layout, it is nevertheless beneficial to accord some consideration to the scheme at this stage. The applicant proposes to construct a 2 storey dwellinghouse on the site, with the access at least 15 metres from the junction of Main Street and Melrose Avenue, Holytown. The site at present is lying vacant, with some grass, a tree and an informal parking arrangement and access for the residents in the flatted properties on Main Street, Holytown. Whilst the ground is not within their ownership, access and informal parking arrangements is something they have enjoyed for a number of years. The assessment of their objections will be dealt with later.

4.3 The 2 storey house will have a total floor area of 128 square metres. The indicative plan has illustrated a minimum front garden of 6 metres, a minimum rear garden of 10 metres and minimum side gardens amounting to 5 metres, 2 metres one side and 3 metres the other. It should be highlighted, however, that the rear garden will only be a minimum of 8.5 metres deep, to accommodate the footpath, measuring 13 metres long by 1.5 metres wide, which has been created at the rear of the site, outwith the garden ground. This is being created, to enable the neighbour to retain access for a wheelchair. In this instance, to retain this footpath link, the reduction in rear garden ground is acceptable, because the nearest rear boundary to another residential property is a further 7 metres away. In terms of vehicular access there appears to be adequate provision for a driveway and a turning area, in order that a vehicle can enter and exit the property in forward gear.

4.4 With respect to the consultation responses, some of the concerns raised are not material planning considerations while others can be dealt with via the imposition of planning conditions, with specific reference to parking and access arrangements.

4.5 With respect to the issues raised in the letters of objection, I have the following comments to make. The grounds of objection relating to the right to gain access to the rear of both residencies; the unsettling the ground and causing subsidence; traffic congestion in respect of no off street parking for the objectors’ vehicles and land been maintained by the objectors for a number of years are not material planning considerations and cannot be covered by planning conditions.

The impact on their residential amenity has been assessed and consideration has been taken at this outline stage, by attaching a condition, restricting any window of a habitable room to be installed on the northern elevation of the new house. The concerns expressed regarding whether the property will be used for business purposes and the storage of caravans or JCB’s would be contrary to the Planning Acts and this permission, because this application is for one residential unit only. The pedestrian access including access for a wheelchair for the resident at 208 and 212 Main Street, Holytown has been addressed by the applicant, as a footpath is to be retained of the rear of the application site. Finally, the owner of 218 Main Street, Holytown has now been notified.

4.6 Having taken all matters into account, I consider that through careful design and the implementation of the required open space, parking and access standards at the reserved matters stage, the site is capable of accommodating a 2 storey dwellinghouse. Although the site is utilised informally for the parking of neighbour’s vehicles, it is vacant and would benefit a dwellinghouse fronting onto Melrose Avenue. I therefore recommend that outline consent be granted. Application No: S/04/0022O/FUL

Date Registered: 19th February 2004

Applicant: Mr C Hardie 76A Benhar Road Shotts Lanarkshire

Agent P Gillooly Ltd. lan McFarlane Unit 18, GEM Workspaces 19 Blairtummock Road Queenslie Glasgow G33 4AN

Development: Formation of Access and Two House Plots

Location: Land North Of 76A Benhar Road, Shotts, Lanarkshire

Ward: 20: Benhar Councillor Charles Cefferty

Grid Reference: 288053660236

File Reference: SIPLIBFII 7/53/FM

Site History: 220/93(Part Outline) Use of land for coal and transport depot, housing (outline) and light industrial development (outline) at Northfield, Stable Road, Shotts, Outline for Housing refused 6'h September 1995

S/99/01309/FUL Erection of dwelling house (on land adjacent to application site) granted 10 December 1999

S/02/00535/FUL Erection of dwelling hous: land east of 78-80 Benhar Road, Shotts, Lanarkshire refused 18 August 2002

Development Plan: The site is zoned an existing industrial area in the Shotts Local Plan 1982 and policy IND 1 applies. It is zoned as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) to which Policy ENV8 applies.

Contrary to Development Plan: Yes

Consultations: S.E. P.A.( W est) (No Objections) British Gas Transco (No Objections) Scottish Power (No Objections) The Coal Authority (No Objections)

Representations: None Received

Newspaper Advertisement: Advertised 25'h February 2004

Comments:

This application seeks full permission for the formation of a private access and two house plots on land to the north of 76A Benhar Road, Shotts in an area zoned as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001& 2004). The application site comprises of an area of open land bounded by dwellings to the south and the west and by an area of open land and the railway line to the north. The east of the application site is bounded by the industrial area constructed without consent on land zoned as Countryside Around Towns by the same applicant. An application for that development will be the subject of a report to the Planning and Environment Committee in due course. The plots have a combined frontage of 48 metres and depth of 30 metres. Access would be taken from the existing private access from Benhar Road which would be upgraded to provide a 5.5 metres in width and a 2 metre wide footway. No letters of representation have been received in relation to the application. Following full assessment of the proposal, taking into account all material considerations and for reasons contained in my accompanying report it is recommended that planning permission be refused.

Recommendation: Refuse for the Following Reasons: - 1. That the proposal would constitute residential development within land zoned as Countryside Around Towns and as such would be contrary to Policy ENV 8 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and the guidance contained in Circular 24/1985 as the proposed development does not relate to agriculture or other appropriate rural uses.

2. That the proposed dwelling houses are contrary to Policies HSG 10, HSG12 and TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) as the proposed erection of two dwelling houses would be detrimental to pedestrian and traffic safety on the B717 Benhar Road as the site would take access from an unlit substandard road with substandard visibility splays with inadequate footway and lighting provision.

3. That the proposed dwelling houses would constitute back land development with no site frontage and if approved, this application could set an undesirable precedent for other similar back land developments to the detriment of residential amenity.

Background Papers:

Application form and plans received 18th February 2004

Memo from NLC Transportation Section received 4th March 2004 Memo from NLC Head of Protective Services received 5th March 2004 Memo from NLC Countryside and Landscape Manager received 14th April 2004 Letter from S.E.P.A. (West) received 17th March 2004 Letter from British Gas Transco received 2nd April 2004 Letter from Scottish Power received 2nd April 2004 Letter from The Coal Authority received 9th March 2004

Circular 24/1985 Development in the Countryside and Green Belts SPP3 Planning for Housing 2003

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Shotts Local Plan 1982

Any person wishing to inspect these documents should contact Fraser Miller at 01698 302087 APPLICATION NO. S1041002201FUL

REPORT

Description of Site and Proposal

Detailed Planning Permission is sought for the formation of two house plots with an associated access on land to the north of 76A Benhar Road, Shotts. The application site lies to the north of 76A Benhar Road and to the east of numbers 78-90 Benhar Road. Each plot is to measure approximately 0.25 acres in size with a site frontage of 48 metres to the rear of numbers 78-90 Benhar Road and extend 30 metres into the site towards the unauthorised industrial development on Stable Road, Shotts. It is proposed to gain access to the housing plots via the private access from Benhar Road following the upgrading of the existing private access to provide a single pedestrian footway of 2 metres in width.

The application site comprises of an area of open land zoned as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and is bounded by dwellings to the south and the west and by an area of open land and the railway line to the north. The application site is bounded to the east by the unauthorised industrial development on Stable Road which has been erected on the land that was partly restored as part of the requirements of the former Northfield Colliery and Tip. The application for the industrial area has yet to be determined and will be submitted to the Planning and Environment for determination in due course. However it should be noted that the if that application is approved it will be required to be notified to the Scottish Ministers as a significant departure from the development plan due to the zoning of the land as Countryside Around Towns.

No details have been submitted with this full application for the dwellings, however details have been submitted showing the plot sizes and the upgrading of the private access that is to serve the two house plots and the existing dwelling at 76A Benhar Road.

A proposal by the same applicant for a single house o; part of this site, was refused permission by the Planning and Environment Committee on 18t August 2002 (Ref: S/02/00535/FUL). It should be noted that the reasons for refusal of this application were that it was Contrary to Policy ENV 8 of the Southern Area Local Plan and the proposed dwelling would be contrary to pedestrian and traffic safety as the site would take access form an unlit substandard road.

Development Plan

Within the Shotts Area Local Plan 1982 the site is designated as an existing industrial area. This reflects the previous existence of the Northfield Colliery and Tip at this site which has since been removed and partly restored. However due to the date of this plan and changes in circumstances since then (which reflected the brickwork use of the site at that time) it is considered that more weight should be attached to the emerging Local Plan, which is the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Within this plan the site is covered by Policy ENV 8 (Countryside Around Towns) which seeks to promote and protect the Countryside and states ‘the Council will not normally permit development other than that relating to agriculture or a limited range of appropriate rural uses’. This policy reflects the fact that much of the surrounding land had been reclaimed and landscaped.

Policy HSG 10 (Assessing Application for Housing Development) is a material consideration in the assessment of this application and states when determining applications for new housing on sites, the Council will take account of a number of criteria. Points (l), (5) and (9) are relevant to this application. (1) the impact of the development on the existing built and natural environment (5) density mix and layout of housing (9) provision made for roads, access and parking 2.3 Policy HSG 12 (Housing in the Green Belt and Countryside) is also a material consideration in the assessment of this application and states that in determining applications for new houses the Council will take account of certain criteria. Points (I), (2) and (5) are relevant to this application.

(1) new houses, which do not form replacement dwellings, will only be permitted where there is a proven operational need in accordance with Policies ENV 6 Green Belt and ENV 8 Countryside Around Towns. (2) The visual prominence of the site (5) the provision made for vehicular access 2.4 In assessing the transportation implication of a development Policy TR13 is a material consideration and states that the Council will take account of the following criteria; Points (3) and (4) are relevant to this application.

(3) the impact of the development on road traffic circulation and road safety (4) the provision made for access, parking and vehicle manoeuvring

3. Consultations and Representations

3.1 My Transportation Section has recommended that the application be refused as the existing private access is substandard and the development would be detrimental to road safety. A road to an adoptable standard cannot be provided from Benhar Road into the development site, and junction arrangements are substandard. They note that the applicant has no control over the land adjacent to the access and that no further improvements can be made within the boundaries of the site.

3.2 S.E.P.A., Transco and Scottish Power have made no objections to the proposed development and to date a response from Scottish Water has not been received, however this can be addressed by the means of a note attached to any permission granted requesting the applicant to contact Scottish Water in the event of approval of this application.

3.3 The Coal Authority have commented that the application site is within the likely zone of influence on the surface from workings in 5 seams of coal at 50m to 110m depth and have advised that the applicant seeks appropriate technical advice before works are undertaken on site.

4. Planninn Assessment

4.1 In considering this application account must be taken of the relevant Development Plan policies together with any other material considerations pertinent to the site and application. In this case the Development Plan is the Southern Area Local Plan, Finalised Draft (Modified 2001 and 2004). Policies ENV 8, HSG 10, HSG 12 and TR 13 are relevant to the assessment of this application.

4.2 The main policy issue in the assessment of this application is that the site consists of land that lies within an area designated as Countryside Around Towns. Policy ENV 8 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) applies and contains a general presumption against new dwellings that are unrelated to agriculture or other appropriate rural uses. It is considered that the formation of two house plots at this location cannot be justified in terms of the criteria set out in policies ENV 8, HSG 10 (1) and HSG 12 (1) as the proposed development is unrelated to agriculture or other appropriate rural uses. Furthermore paragraph 40 of SPP3 ‘Planning for Housing’ confirms that the Scottish Executive looks to planning authorities to safeguard the character and amenity of the countryside, and protect the setting of existing settlements. In this instance there are no reasons why a location in the countryside is justified for the proposed dwellings. The site cannot be argued to be an appropriate rounding off of the settlement boundary or as an infill development as no approval has yet been given for the Industrial Area to the east.

4.3 In terms of policies HSGIO and HSG12 consideration requires to be given to the impact of the proposal on the existing built environment and the proposed site layout. The formation of two house plots in this location constitutes back land development to the rear of existing housing with no site frontage onto Benhar Road. The proposed housing would look directly onto the rear gardens of the houses fronting Benhar Road. This is considered to be an inappropriate form of development which would be to the detriment of the amenity of adjacent residents. Although each application is assessed on its own individual merits the issue of setting a precedent is of relevance, as if this application was to be approved it may be difficult to refuse further similar developments.

4.4 In assessing the application in terms of Policy TR13 the Transportation Section’s comments must be taken into account. The application has been amended to provide a single 2 metre wide footway to serve the plots. However the proposed access arrangements for the site are contrary to Policy HSG 10 (I), HSG 12 (5) and TR 13 in that the vehicular and pedestrian access arrangements are substandard and would be detrimental to traffic circulation and to road and pedestrian safety. It is considered that any additional development at this location should be resisted.

5. Conclusions

5.1 As detailed above the application site is zoned as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and no justification exists to depart from the approved policies. It is considered that the application site is back land development. It is also considered that the access road cannot be upgraded to adoptable standards and would therefore be detrimental to traffic and pedestrian safety. It is further considered that there have been no alterations to circumstances since the refusal of the single dwelling house (Ref: S/02/00535/FUL) refused on the 18‘h August 2002, that would warrant a departure from the development plan.

5.2 In conclusion I consider the development to be contrary to Policies ENV 8, HSG 10, HSG 12 and TR 13 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), and therefore recommend that permission be refused. Application No: S/04/00270/0UT

Date Registered: 25th February 2004

Applicant: Oscarpark Developments Ltd. CIO Agent

Agent Stanley C Cook M.R.T.P.I. C/O 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Developmen t : Residential Development (In Outline)

Location: Land North Of Branchal Road Wishaw Lanarkshire

Ward: 9: Cambusnethan Councillor Thomas Selfridge

Grid Reference: 280966656408

File Reference: SIPL/3/73(321)&3/751LM

Site History: Permission refused 6/11/91 for residential development on site of Branchal Cottages and land to the west forming part of the former Branchal Colliery (App Ref 330/91 Outline).

Permission granted 5/8/93 for residential development on site of Branchal Cottages and land to the west, as above, (App Ref 11930utline). Not implemented.

Permission refused 16/07/99 following public inquiry for residential development on part of site, (App Ref S/96/00362/0UT)

Permission refused 30/06/98 for residential development on land to south east of site (App Ref S/97/00766/FUL)

Permission granted 18/8/98 for residential development on part of site (1.17ha) to North and west of Branchal Cottages, now expired, (App Ref S/98/00760/0UT).

Development Plan: Glasgow and the Clyde Valley Joint Structure Plan 2000 - zoned as Green Belt

Central Industrial Area Part Development Plan - zoned as Green Belt and areas for the winning & working of coal for collieries and the disposal of colliery waste

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) - zoned as Green Belt, Site of Importance for Nature Conservation and Potential Local Nature Reserve

Contrary to Development Plan: Yes Representation from Branchalbum ,+'Farm ( outwith plan area ). ,/ Four representations in total PLANNING APPLICATION No. S I04 I00270 I OUT RESIDENTIAL DEVELOPMENT ( IN OUTLINE )

LAND NORTH OF BRANCHAL ROAD, WISHAW. A r*rr~~lromihadlruSua~moii.rin h C."idrnbk Cmd*dkrMw/. %k."*ILXIU OCW"W,Wt Lh.lb""dW**dm idlW.CW"~,~, * ReDresentations Site Area = 5.07 ha. Consultations: Countryside And Landscape Manager (Objection) Scottish Natural Heritage (Objection) West Of Scotland Archaeology Service (No objections) S.E.P.A.(West) (Comments) Scottish Water (Comments) British Gas Transco (Comments) Scottish Power (Comments) The Coal Authority (Comments) Scottish Wildlife Trust (No Response) British Telecom (Comments) Royal Society For The Protection Of Birds (Objection)

Representations: 4 Representation Letters

Newspaper Advertisement: 4th March 2004

Comments:

Recommendation: Refuse for the Following Reasons:.

1. The proposed residential development is contrary to greenbelt policy set out in the approved Glasgow and the Clyde Valley Joint Structure Plan 2000 (Strategic Policies 1 and IO), the adopted Central Industrial Area part Development Plan 1964, the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), policies ENV6, HSGI and HSG12 and Circular 24/1985 which seek to safeguard the character and function of the Green Belt as it constitutes the development of greenfield land as opposed to brownfield land and fails to demonstrate an operational need for housing within the Green Belt area.

2. That the proposed residential development is contrary to Policies ENV14 and HSGIO of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and the guidance contained in NPPG14 "Natural Heritage" as it would have a significant detrimental affect on an identified Site of Importance for Nature Conservation and upon an area designated as a Potential Local Nature Reserve.

NOTE TO COMMITTEE

If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 because the proposed development constitutes a significant departure from the Glasgow and the Clyde Valley Joint Structure Plan 2000.

Background Papers:

Application form and accompanying plans. Environmental Audit report, by lronside Farrar dated May 2000 Transportation Assessment by Dougall Baillie Associates dated 2 July 2004 Environmental Studies Final Report by lronside Farrar dated August 2004 Memo from Local Plans Section received 20th April 2004 Memo from Head Of Protective Services received 14th April 2004 Memo from Countryside and Landscape Manager received 14th April Memo from Director of Education received 17th March 2004 Letters from Scottish Natural Heritage received 6th April and 1st September 2004 Letter from West Of Scotland Archaeology Service received 15th March 2004 Letter from S.E.P.A. (West) received 22nd April 2004 Letter from Scottish Water received 18th March 2004 Letter from British Gas Transco received 8th March 2004 Letter from Scottish Power received 8th March 2004 Letter from The Coal Authority received 10th March 2004 Letter from British Telecom received 9th March 2004

E-mail from Royal Society For The Protection Of Birds received 3'' November 2004 Memo from Conservation and Greening Manager received 25'h October 2004

Letter from John G Baillie, Branchalburn Farm, Wishaw, ML2 8QG received 11th March 2004. Letter from Mr & Mrs A Scott, 15 Barra Avenue, Cambusnethan, Wishaw, ML2 8XN received 19th March 2004. Letter from Gordon M Taylor, 14 Barra Avenue, Cambusnethan, Wishaw, ML2 8XN received 23rd March 2004. Letter from Thomas B Mclvor, 13 Barra Avenue, Cambusnethan, Wishaw, ML2 8XN received 24th March 2004.

Any person wishing to inspect these documents should contact Lorna McCallum at 01698 302090. APPLICATION NO. S/04/00270/0UT

REPORT

1. Description of Site and Proposal

1.I The applicants seek outline permission for residential development on a 5.07 hectares site lying North of Branchal Road, Newmains. The site includes the locus of the former Branchal colliery and part of the Branchal Bing. The site consists principally of birch and willow scrub woodland with areas of open grassland and hawthorn hedges.

1.2 To the south of the site lie the Branchal cottages and further areas of woodland with residential areas beyond. To the North and west the site is surrounded by areas of woodland and open countryside. The Branchal Bing lies partly within the site on its eastern boundary.

1.3 The site and surrounding area has a long planning history. Part of the application site was once occupied by the Branchal Colliery and part of this area of the site has been subject to previous applications for residential development. Initially permission was refused on green belt and access grounds (Application No 330/91Outline). Permission has since been granted on two occasions but has since lapsed (Applications No 1/930utline and S/98/00760/FUL). Planning permission was refused on 16'h July 1999 following a public inquiry for residential development on land to the south of the site (Application Ref S/96/00362/0UT). Permission was also refused on 29/06/98 for residential development on land to the south east of the current site (Application Ref S/97/00766/FU L).

2. Development Plan

2.1 The proposal is covered by Strategic Policy 1 in the Glasgow and the Clyde Valley Structure Plan 2000, which states a presumption against the spread of built up areas and the encroachment of development into the countryside.

2.2 The site is zoned as Greenbelt in the Central Industrial Area Part Development Plan 1964.

2.3 On the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) the site is largely zoned as Green Belt (Policy ENV 6 applies). A small area of land adjacent to the Branchal Cottages which was previously the site of Branchal Colliery is designated as an Existing Housing Area (Policy HSG8 applies). Also of relevance are Policies HSGI, HSG2, HSGIO and HSG12. It is also zoned as a Site of Importance for Nature Conservation (Policy ENV 14 applies) and as a Potential Local Nature Reserve (Policy ENV 14.3 applies).

3. Consultations and Representations

3.1 SNH advise that the application site includes areas of semi -mature woodland as well as a bing that has recolonised with native tree and shrub species. The bing fulfils the important function of a wildlife corridor linking two areas of more established woodland. They also indicate that the area is well used by local communities for recreation. They have evaluated the ecological assessment submitted with this application. They object to the application on the following basis: 0 They consider that the proposed development would result in unacceptable damage to a habitat that supports a national and local biodiversity species, the Willow Tit, the adverse impacts of which are likely to be of such a scale that adequate mitigation or compensation would not be possible. 0 The site is immediately adjacent to and encroaches upon several SlNCs and would be contrary to policy ENVI4 of the draft local plan 0 The proposal is situated on green belt land and is contrary to policy ENV6 of the draft local plan. In addition they state that the likely scale of the development would not be in keeping with the existing land use and settlement pattern of the area and that the proposals do not include restoration works to the bings within the site in relation to derelict and contaminated land.

3.2 NLC Community Services have also objected to this application. The Conservation and Greening Section have advised that the vast majority of the site is within the Branchal Plantation SINC. The development would result in the loss of a large proportion of the SINC and the loss of a very significant site for Willow Tits. They indicate that there is no mitigation available for the absolute loss of the habitats on this site. They also confirm that this loss is of significance locally and disagree with the findings of the ecological study that it is of minimal significance. The development would also cause severance of the link between the Branchal Moss and Branchal Plantation SlNCs which further link to the South Calder SINC. The site is also bisected by five well-used rights of way which are integral links to the surrounding villages. The development would restrict public access to and enjoyment of greenspace in this location. They refer to the previous refusal at public inquiry of the development of the adjacent land.

3.3 The RSPB have objected to this application in support of what they advise are the same well founded reasons of SNH.

3.4 The Transportation Section has evaluated the Transportation Assessment submitted along with this outline application and has no objections subject to conditions. If the development were to be approved such conditions would include the requirement for a mini roundabout at the junction of Branchal Road with Cambusnethan Street and the formation of a new access as a continuation of Branchal Road, including a footway connection up to the south of the proposed school site.

3.5 The Pollution Control Section indicates that a full site investigation survey is required. They also make comments on construction noise and dust and request that limits be placed on construction hours.

3.6 SEPA have no objections to the application subject to conditions. They have indicated that a SUDS scheme requires to be submitted and that this must take account of any potential contamination as a result of the past uses on the site. All foul drainage must be connected to the public sewer and assurance is required from Scottish water that the development will not cause or contribute to the premature operation of consented storm overflows. Provision should also be made at individual properties with regard to waste storage for recycling.

3.7 Scottish Water, BT, Transco and Power Systems have no objections but comment on the services within and adjacent to the site. The Coal Authority indicates that the site is affected by past workings and that appropriate technical advice should be sought. West of Scotland Archaeology Service and the Education Department have no objections to the proposals.

3.8 Four letters of representation have been received following neighbour notification and press advertisement. These may be summarised as follows:

a) The green belt should be maintained and the nature reserve designation should be widened b) The loss of habitats and wildlife that occupy a large area of the site following its returned to its natural state over the past 45 years c) The loss of access to one of the objectors property d) Lack of suitable access facilities to the site e) The loss of the rights of way within the site f) The development would increase volumes of traffic in the area to the detriment of the local children walking to school 9) The development will lead to increased school numbers and overcrowding

4. Planninn Assessment

4.1 The application raises issues of a strategic and local nature and therefore must be considered in terms of both the Structure Plan and Local Plans for the area. The site is zoned as Green Belt and the Glasgow and the Clyde Valley Joint Structure Plan 2000 (GCVJSP). Strategic Policy 1 of the Structure Plan requires the continued safeguarding of the Glasgow and the Clyde Valley Green Belt, and imposes a presumption against the spread of built up areas and the encroachment of development into the countryside. It goes on to state that Local Plans shall define the detailed boundaries and policies to protect the Green Belt. Development must be assessed against the criteria set out in Strategic Policy 9 and any development failing to meet these criteria requires to be justified against the criteria in Strategic Policy 10. Among these of most note, are the assessment of the development against its contribution to promoting urban regeneration; avoiding isolated and sporadic development in the Green Belt and the wider countryside; and the assessment of the proposal against the effective housing land supply for the market area and the establishment of a clear shortfall. With the exception of the small area of the site identified on the draft local plan for housing, the proposal would represent the spread of an urban area into the countryside within the Green Belt and as such would be contrary to the presumption in Strategic Policy 1. The proposal fails to satisfy the criteria of Strategic Policy 9 as it does not give preference to brown field sites and does not safeguard the landscape character of the Green Belt. The development cannot be justified against Strategic Policy 10 as there is no shortfall in housing land within the market area; there is no specific locational need for the development and it would not result in any economic or social benefits at this location.

4.2 The adopted Local Plan for the area is the Central Industrial Area Part Development Plan 1964 which zones the site as Green Belt. The development is clearly contrary to this plan.

4.3 The emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) provides contemporary policy guidance and similarly zones most of the site as Green Belt. Although a small part of the site is designated for residential development the assessment of this application must relate to the overall site which is principally designated as Green Belt.

Policy ENV6 “Green Belt” indicates that there will be a general presumption against development in the Green Belt other than that directly associated with agriculture or other appropriate rural uses. Policy HSGI “Housing Strategy” indicates that the Council will direct new residential development towards brownfield sites in preference to greenfield locations. Policy HSG2 “Private Housing Development” lists sites which the Council will support for residential development, this includes the small part of the site zoned for housing, however the majority of the site is not covered by this designation. Policy HSG12 ’Housing in the Green Belt and Countryside‘ provides a list of criteria which the Council will take into account in determining applications of this nature including whether there is a proven operational need for dwellings in the area. This application is contrary to these policies as it involves the development of green belt land without any associated justification in terms of operational need or housing land supply. Policy HSGlO Assessing Applications for Housing Development” lists criteria to be taken into consideration including the impact of the development on the existing natural environment Policy. Policy ENV14 “Nature Conservation Sites” indicates that the Council will protect and enhance natural resources by protecting areas of importance to wildlife especially Sites of Interest for Nature Conservation (SINCs). In relation to such designations development will be resisted where the nature conservation interest cannot be accommodated within the development proposals. This policy also indicates that proposals that adversely affect Local Nature Reserves will not be permitted. 0 Part of the site falls within the Potential Nature Reserve identified under Policy ENV14.3. The proposed residential development at this site would involve the loss of Green Belt land a significant area of which is designated as a SlNC and a Potential Local Nature Reserve. The development will have a significant adverse affect upon natural heritage interests of the SlNC and the adjacent area and is therefore contrary to these policies.

4.4 Relevant National planning guidance is contained in SPPl “The Planning System” and SPP3 “Planning for Housing” both of which indicate that preference should be given to brownfield rather than greenfield sites. Circular 24/1985 similarly discourages development within the Green Belt. NPPG14 “Natural Heritage” states that a key role of the Planning System is to ensure that society’s land requirements in terms of housing etc are met in ways that do not erode environmental capital. This guidance also indicates that planning authorities should seek to prevent further isolation or fragmentation of habitats and should seek to protect trees and woodlands where they have a natural heritage value or contribute to the amenity of a particular locality. In terms of the loss of Green Belt land and the impact upon natural heritage interests as discussed at paragraphs 3.1, 3.2 and 4.1 to 4.3 above the proposals are contrary to this guidance.

4.5 In terms of the consultation responses, the objections from SNH, Community Services and the RSPB relate to the impact of the development upon the natural heritage interests of the site, loss of green belt land and informal recreational resources at this location. It is clear that these objections can be supported in terms of the policies contained in the development plan and national planning guidance. I consider the loss of these important habitats to be wholly unacceptable. Other consultation responses could be addressed by means of planning conditions or advisory notes to the applicant should this application be approved.

4.6 In terms of the concerns raised by objectors I would respond as follows:

a) I concur that the green belt designation of this site should be maintained. Any possible amendment to the proposed nature reserve designation cannot be considered as part of this application but may be taken into account in the preparation of the North Lanarkshire Local plan should this be deemed appropriate. b) As indicated above I agree that the loss of habitats and wildlife is unacceptable. c) There would be no loss of access to the objectors’ property as a result of this development unless the developers and the objectors come to a mutually acceptable agreement. Any alterations to the access rights are a legal matter rather than a material planning consideration. d) The Transportation Section is satisfied that, subject to appropriate conditions, suitable access arrangements could be provided to the site. e) I agree that the rights of way within the site serve an important part of local informal recreation and Policy L4 “Public Rights of Way and Access” of the draft local plan states that the Council will maintain and protect such foot paths. The rights of way within the site can only be altered following approval via stopping up or diversion orders. Should this application be approved it would be appropriate to protect these rights of way by conditions. Consideration of any detailed layout would require to take the network of paths into consideration and approval of any such orders would be required before any changes could be implemented. f) As indicated above the Transportation Section are satisfied the traffic implications of the proposal. g) The Education Department has indicated that sufficient capacity exists in the local schools serving the site.

5.0 Conclusions 5.1 This application is for development of a site that is largely designated as Green Belt. It is contrary to the policies contained in the development plan and national planning guidance which seek to control the encroachment of development into the Green Belt unless there is an appropriate justification, of which there is none in this case. On these grounds this application should be refused.

5.2 The development would impinge directly upon land designated as a SlNC and a Potential Local Nature Reserve; it would have an impact over a wider area in terms of natural heritage interests. In particular it would lead to the loss of a significant breeding area for a Biodiversity Action Plan Species. This could not be made acceptable by the use of conditions and irrespective of the green belt policy issues is considered to be sufficient grounds alone for the refusal of this application.

5.3 It should be noted that should the Committee be minded to approve this application it will require to be referred to the Scottish Ministers. Application No: S/04/00746/FU L

Date Registered: 19th August 2004

Applicant : Graeme Stewart 36 Mill Road Harthill ML7 5QL

Development: Use of Land for Saturday Car Boot Sale

Location: The Burnside Hirst Road Harthill Shotts Lanarkshire

Ward: 20: Benhar Councillor Charles Cefferty

Grid Reference: 287985663965

File Reference:

Site History: Permission granted 2411 I11 964 for previous transport cafe (Application P/64/1327).

Permission granted 1011 111 965 for the erection of petrol filling station and car park (Application 6511089).

Permission granted 0610711983 for the change of use of dining room to licensed restaurant and lounge bar (Application 186183)

Permission granted 04/03/1992 for the erection of a new dwelling (Application 481/91)

Permission granted 19/03/1992 for the erection of a new Transport Cafe and upgrading of the existing lorry park (Application 509191)

Development Plan: Glasgow and the Clyde Valley Structure Plan 2000 - zoned as Green Belt.

Central Industrial Area Part Development Plan 1964 - zoned as agricultural land.

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) zoned as countryside around towns.

Contrary to Development Plan: Yes

Consultations: Scottish Water (No objection)

Representations: 13 Representation Letters

Newspaper Advertisement: Advertised on 27th August 2004

Comments:

The applicant seeks permission to run a Saturday Car Boot Sale from the lorry park at Burnside Transport Cafe, Hirst Road (the old A8), Harthill. The hours of operation would be from 10a.m. until

4p.m. with the setting up of stalls from 7.30a.m. and the closing down until 5p.m. There would be space for 140 cars selling goods and 70 spaces for customers.

13 letters of representation have been received from the surrounding properties following the neighbour notification and press advertisement, details of which are in the attached report.

It is considered that the development does not accord with local plan policy, is likely to lead to the exacerbation of existing traffic problems and be detrimental to the amenity of the neighbouring properties. I therefore recommended that planning permission be refused.

Recommendation: Refuse for the Following Reasons:-

1. The proposal would be contrary to the zoning of the site for Agriculture in the adopted Northern and Southern Areas Part Development Plan 1964 and to Policy ENV8 (Countryside around Towns) of the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) as it would lead to the introduction of an inappropriate use and the intensification of use of an existing site in a countryside location.

2. The proposal would be contrary to Policy TR13 (Assessing the Transport Implications of Development) of the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), as it would be detrimental to road safety in that it would lead to an unacceptable increase in the number of vehicles using a substandard access onto a de-restricted classified road and the under provision of parking at the site would lead to vehicles parking and turning on Hirst Road, a de-restricted classified road.

3. The proposal would be contrary to Policy RTLII (Assessing Applications for Bad Neighbour Development) of the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), as it would be detrimental to the character and amenity of the adjoining residential properties.

Background Papers:

Application form and plans received 20th April 2004 Fax from Graeme Stewart received 2ndNovember 2004

Memo from Transportation Section received 15th September 2004 Memo from Geotechnical Team Leader received 20th October 2004 Letter from Scottish Water received 6th September 2004

Letter from Sheila Oakes 8, Patrick McMullen, 47 Llynallan Road, Harthill, Shotts, Lanarkshire, ML7 5TW received 27th April 2004. Letter from Shiona Airlie & Michael Gill, Blair House, Hirst Road, Near Harthill, ML7 5TL received 2nd September 2004. Letter from Mrs Fiona Meiklem, 16 Hirst Road, Harthill, Shotts, ML7 5TL received 8th September 2004. Letter from Mrs J Gray, 20 Etive Crescent, Wishaw, ML2 OPL received 31st August 2004. Letter from Mrs Fiona Meiklem, 16 Hirst Road, Harthill, Shotts received 9th August 2004. Letter from Lorraine Laing, 78 Hirst Road, Harthill, ML7 5TL received 14th September 2004. Letter from Julie Secker, 80 Hirst Road, Harthill, ML7 5TL received 15th September 2004. Letter from Mark Secker, 80 Hirst Road, Harthil, ML7 5TL received 15th September 2004. Letter from Mrs Muriel King, 76 Hirst Road, South Blair, Harthill, ML7 5TL received 16th September 2004. Letter from Mr Derek D King, 76 Hirst Road, Harthill, ML7 5TL received 17th September 2004. Letter from Mrs J Wright, 18 Hirst Road, Harthill, ML7 5TL received 21st September 2004. Letter from Mr Gill, Blair House, Hirst Road, Harthill, ML7 5TL received 15th September 2004. Letter from Michael Gill, Blair House, Hirst Road, Near Harthill, ML7 5TL received 15th October 2004. Northern and Southern Areas Part Development Plan 1964 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Mark Thomson at 01698 302128. APPLICATION NO. S/04/00746/FUL

REPORT

I. Description of Site and Proposal

1.I The applicant seeks permission to run a Saturday Car Boot Sale from the lorry park at Burnside Transport Cafe, Hirst Road (the old A8), Harthill. The hours of operation would be from 10a.m. until 4p.m. with the setting up of stalls from 7.30a.m. and the closing down until 5p.m. There would be space for 140 cars selling goods in the western side of the site and spaces for 70 customers in the east of the site. No details have been submitted regarding the proposed resurfacing of the car park or ancillary facilities such as customer toilet facilities or litterbins. The applicant has not indicated where the lorries that park there during the week would park when the car boot sale is in operation.

1.2 The site lies close to the Hirst Interchange on the M8 motorway. It is adjacent to the Burnside Transport Cafe and is currently used as a lorry park. The site extends to 0.521 5 hectares and is currently in a poor condition. It has previously been tarmaced, but this is now peppered with a large number of deep potholes in which rainwater has gathered. Along the western and northern edges of the site is a two metre high close boarded timber fence which is in a state of disrepair and has fallen down at several locations. Immediately to the north of the site are three residential properties. Within a 1.5 kilometre vicinity of the site there are a further 4 dwellinghouses. The site is accessed via two entrances from Hirst Road, which is a classified road with a speed limit of 60mph. There are no pedestrian footpaths accessing the site from Hirst Road. Pedestrians currently access the site from the adjacent Transport Cafe.

2. Planning Historv

2.1 The site has a long and complex planning history dating back to the 1960s. The lorry park for the previous transport cafe (Application P/64/1327) was originally approved on 2411 1/1964. The previous Burnside Cafe was used as a transport cafe and as a dwelling and was damaged by fire in the 1991. Permission was granted for the erection of a new dwelling (Application 481/91) on the 04/03/1992 and the erection of a new Transport Cafe and upgrading of the existing lorry park (Application 509/91) on the 19/03/1992.

3. Development Plan

3.1 The proposal is covered by Strategic Policy 1 in the Glasgow and the Clyde Valley Structure Plan 2000, which states a presumption against the spread of built up areas and the encroachment of development into the countryside.

3.2 The Northern and Southern Areas Part Development Plan 1964 zones the site as agricultural land.

3.3 The emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) zones the site as countryside around towns. Policy ENV8 applies. Policy ENV8 seeks to protect and promote the Countryside and presumes against development unless it relates to agriculture, forestry or other appropriate rural uses.

4. Consultations and Representations

4.1 My Transportation Manager has recommended that the application be refused and has offered the following observations: 0 The access to the site from Hirst Road is unacceptable, as it would be from a classified road with a de-restricted speed limit. Therefore, any increase in the number of vehicles using the accesses would be detrimental to road safety. 0 A visibility splay of 45x21 5 metres would be required from the accesses onto Hirst Road. This is not achievable due to obstructions outwith the applicants control. Parking provision of one space per stallholder plus 1 space per 50 square metres of sales area is required. The plans submitted indicate that only 70 spaces are provided for 140 pitches. This is substandard and may lead to vehicles parking and turning on Hirst Road to the detriment of road safety.

4.2 My Geotechnical Team Leader has offered the following observations:

0 Given the proposed use of the site by the general public and the its current use as a lorry park, it is considered that made ground material should be tested for chemical contamination. 0 Potential contamination from future vehicle oil and fuel leaks on the soil, run-off and groundwater pollution should be addressed. 0 The stability of the ground surface slope at the northern boundary of the site should be assessed. A safe distance from the crest of the slope to the nearest site road or public area should be determined from geotechnical considerations. The general area is one of known past mining activity. It is recommended that the applicant obtains a coal mining report from the Coal Authority and consult with the British Geological Survey. 0 It is recommended that, for pedestrian and vehicular safety, the finished ground surface should be free from undulations and depressions.

4.3 The Pollution Control section has no objections to the application. They have indicated that neither a ground conditions report nor a noise survey report would not be required. They have advised that any proposed food vans on the site should be correctly licensed and that adequate arrangements are made for the disposal of waste from the site.

4.4 Scottish Water has no objections to the application.

4.5 13 letters of representation have been received following the neighbour notification and press advertisement. There points of objection may be summarised as follows:

a) The proposal would be detrimental to the amenity of the surrounding residential properties as it would lead to the further deterioration of the condition of the surface of the site and the surrounding fencing, lead to an increase of littering on the site and the vicinity, and the extra vehicles to the area would cause further disruption and create additional noise nuisance. b) The proposal would be detrimental to vehicular and pedestrian safety as the generation of additional vehicle movements along Hirst Road, which is a fast and dangerous road, would increase the likelihood of accidents in the area. Furthermore, there are no public footpaths along Hirst Road, there is a community park across from the site which people may want to go to, and the insufficient customer car parking allowance may encourage customers to park on Hirst Road or in the driveways of neighbouring properties. c) The neighbour notification was not properly carried out. d) The applicant has listed his address as 36 Mill Road, Harthill. There is no such address. Therefore the applicant has included fraudulent information on his application form. e) Having the car boot sale so close to dwellinghouses would devalue them; f) There is concern that the Burnside would be open to exploit the customers visiting the car boot sale and that drivers and customers would be consuming alcohol.

5. Planninn Assessment and Conclusions 5.1 Planning decisions must be made in accordance with the development plan unless material considerations indicated otherwise. The application raises no strategic issues and can therefore be assessed in terms of the adopted and emerging local plan policies. The main considerations in assessing this application are (a) whether or not it accords with local plan policy, (b) the suitability of the location, traffic generation, access and parking and (c) the impact on amenity of the surrounding properties.

5.2 The adopted Local Plan for the area is the Northern and Southern Areas Part Development Plan 1964 which zones the site as agriculture and the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) zones the site as Countryside around Towns.

5.3 The proposed use of the site for a car boot sale cannot be regarded as one of the forms of appropriate development outlined in this policy. Whilst the proposal relates to the alteration of an existing lorry park, which has operated at this location for more than 30 years, it is my opinion that the proposed car boot sale would lead to an intensification of activity at this site which is not in the spirit of policy ENV8, which seeks to promote and protect the countryside and allow limited development of appropriate rural activities.

5.4 The site is currently used as a lorry park. The area is tarmaced and is covered with deep pot holes within which rainwater has gathered. In its current condition the site would not be suitable for the parking of 210 cars. Although it is conceded that the site could be resurfaced to an acceptable standard. The Transportation Section have advised that insufficient car parking spaces have been provided, which may lead to customers parking and turning on Hirst Road to the detriment of road safety. Such a situation would also be detrimental to pedestrian safety as there are no footpaths along the edge of Hirst Road.

5.5 Hirst Road is a busy road with a speed limit of 60 mph. Consequently vehicles travel along this road at high speeds. Cars entering and exiting the site would do so using the two existing accesses to the lorry park. The Transportation Section has advised that the proposed accesses to the site are unacceptable for two reasons. Firstly, given that the access would be from a classified road with a de-restricted speed limit, any increase in the number of vehicles using this access would be detrimental to road safety. Secondly, visibility splays to the access would require to be 4.5~215metres. This is not achievable due to obstructions outwith the applicant's control.

5.6 The proposed hour of operation are from 10.00 a.m. until 16.00p.m. on a Saturday morning, with stalls setting up from 7.30 in the morning and closing down until 5 at night. This represents a level and duration of activity that local residents are unused to. Whilst my Pollution Control section have not requested a noise survey to quantify the impact of this on surrounding residential properties, it is undeniably the case that these properties will be disturbed by the sound of car engines and people setting up stalls from early on a Saturday morning.

5.7 As outlined earlier, the proposed car parking numbers suggested are inadequate. There is a genuine concern that people visiting the site will be forced to park their cars in unsuitable locations in the vicinity. This could be along Hirst Road or in the driveways of adjacent properties. Again this will create a nuisance that the surrounding properties have not previously experienced.

5.8 Finally, there is the legitimate concern of littering. Car boot sales are haphazard by their very nature. Whilst there have been no proposals for the selling of hot food, snacks or beverages at this location, people participating have to be prepared to spend long hours in the cold. No provisions have been made for public toilets or for litterbins to cope with the rubbish generated during the hours of operation. The applicant has not supplied any information about how it is proposed to keep the site clean and tidy. Any littering at this location would be to the detriment of the amenity of the surrounding properties. 5.9 In terms of the concerns raised by the objectors I would comment as follows:

The surrounding residential properties are located next to an existing transport cafe and lorry park. This is undoubtedly creates noise and nuisance on a Saturday, but I agree that by granting permission for this application the potential numbers of people visiting the site and the duration and volume of this nuisance from early in the morning throughout the day on Saturday would be detrimental to their amenity. The applicant has not submitted any details of the proposed facilities for those selling or buying on the site, including litterbins. There is no indication of how it is proposed to keep the site tidy. The existing lorry parking area has not been properly maintained over the years. The fencing surrounding the site is a state of disrepair and the surface of the site is covered in deep potholes which are filled with rainwater. This is not a suitable surface on which to operate a car boot sale. The applicant has not submitted details regarding the resurfacing, the boundary treatments or the future maintenance of the site. It is conceded that this is easily achieved by conditions on any planning permission. My Transportation Manager has recommended that the planning application be refused as the substandard accesses, visibility splays and parking numbers would be detrimental to road safety. During the processing of this it came to light that one of the properties bounding the application site had not been notified. This property was Blair House, Hirst Road, Harthill. The applicant was asked to notify this property and the applicant confirmed that this had happened in writing on the 0211 1/2004. According to the Ordnance Survey data there is indeed a 36 Mill Road, Harthill. Therefore the applicant has not fraudulently completed the application form. The planning system does not operate to protect the private property interests of one individual over another and consequently any potential effect on the value of the objectors’ house this is not a material consideration in the determination of this application. The issue of drivers driving under the influence of alcohol is a matter for the Police and is not a material consideration in the determination of this application.

5.10 In conclusion, the development does not accord with local plan policy, it is likely to lead to the exacerbation of existing traffic problems and be detrimental to the amenity of the neighbouring properties. I therefore recommended that planning permission be refused. Application No: S/04/00760/F U L

Date Registered: 1st June 2004

Applicant: M 8, D Leisure Ltd. Scotlands Theme Park Strathclyde Park Hamilton Road Motherwell Lanarkshire

Agent Alastair MacFarlane RlBA 84 Buchanan Drive Cam buslang Glasgow G72 8BA

Development: Erection of Steel Portal Framed Glazed Shed to Create "Rainforest" Visitor Attraction

Location: Scotlands Theme Park Strathclyde Park Hamilton Road Motherwell Lanarkshire

Ward: 25: Orbiston Councillor Richard Lyle JP

Grid Reference: 272219 658178

File Reference: SIPLIB1711OOIRC

Site History: New car parking area and walkway approved 1997 (S/96100667/FUL).

Erection of 2 shops approved 1997 (S/97/00390/FUL)

Bowling Alley approved 1998 (S/98/00441/FUL)

Conservatory Building approved 1999 (S/99/00262/FUL)

51 Bedroom (Alona) Hotel approved 2002 (S/02/00296/FUL)

Single Storey Extension to Childrens Party Room approved 2002 (S/02/00467/FUL)

Development Plan: The site is within the Green Belt in the Central Industrial Area Part Development Plan 1964 but shown as a colliery site.

The site lies within the Green Belt and Strathclyde Country Park in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policies ENV5, ENV6, L2, L5, L8 and TR13 apply.

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (Comments) Amey Highways Ltd (Comments) PLANNING APPLICATION No. S I04/ 00760 / FUL ERECTION OF STEEL PORTAL FRAMED GLAZED SHED TO CREATE " RAINFOREST" VISITOR ATTRACTION A Representations: None Received

Newspaper Advertisement: 14th October 2004

Comments:

This application is for an Amazonia Rainforest visitor attraction, to be sited between the existing bowling alley and the car park to the rear, at M&D's amusement park in Strathclyde Park. The building would measure 40 x 20 metres x 7 metres high (3.5 metres to eaves) and be constructed with facing brick and glazed walls and a glazed roof, with dark green painted metal framing. Inside, it would house tropical vegetation and animals including butterflies, parrots, bats, frogs, snakes, lizards, spiders and small monkeys.

Although the application site lies within the Green Belt, the proposed building is considered acceptable as it lies within the existing leisure complex, and indeed replaces three rides which were recently removed. A supporting statement has been submitted and I am satisfied that this demonstrates the overall conformity with the relevant development plan policies. The Trunk Roads Authority have accepted there will be a net reduction in traffic generation (due to three rides being replaced), with this development designed partly to spread movements more uniformly across the year into off-peak periods. There have been no objections to the application.

I recommend approval of this application, subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

Reason: In the interests of visual amenity in this Green Belt location and as these details have not yet been submitted.

3. That before the development hereby permitted starts, a scheme of landscaping for the areas hatched GREEN on the approved plans 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, grass seeding and turfing; and (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted.

Reason: In the interests of visual amenity in this Green Belt location and as these details have not yet been submitted.

4. That within one year of the occupation of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of visual amenity in this Green Belt location.

5. That notwithstanding the approved plans and before development starts, amended plans which show existing and proposed levels and how level or ramped access will be provided to the building, shall be submitted to and approved in writing by the Planning Authority.

Reason: As these details have not yet been provided and to ensure the provision of adequate facilities for disabled people to serve the proposed development.

6. That no advertisement sign on or relating to the Rainforest building shall be erected without the necessary Advertisement Consent being granted.

Reason: For the avoidance of doubt and in the interests of visual amenity in this Green Belt location.

7. That the developer shall afford access at all reasonable times to the West of Scotland Archaeology Service or other archaeological contractor approved in writing by the Planning Authority, and shall allow them to observe work in progress and record any items of interest and finds uncovered by the proposed works, and that notification of the commencement date shall be given to the West of Scotland Archaeology Service or the approved archaeological contractor in writing not less than 14 days before work commences on the site.

Reason: To ensure that if any significant archaeology exists at the application site, that it can be appropriately recorded.

Note to Committee:

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

Background Papers:

Application form and plans received 4th May 2004, letter from Warren Consultants received 23rd September 2004 and supporting statement and amended plans received 13th October 2004

Memo from NLC Transportation Section received 14th July 2004 Memo from NLC Community Services received 23rd June 2004 Letter from Scottish Natural Heritage received 25th June 2004 Letter from Amey Highways Ltd received 28th September 2004

The Countryside (Scotland) Act 1967 Circular 24/1985 Development in the Countryside and Green Belts The Glasgow and Clyde Valley Joint Structure Plan 2000 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) NLC Strathclyde Country Park Development Strategy 2000

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302136. APPLICATION NO. S1041007601FUL

REPORT

I. Description of Site and Proposal

1.I This application is for an Amazonia Rainforest visitor attraction, to be sited between the existing bowling alley and the car park to the rear, at M&D's amusement park in Strathclyde Park. The building would measure 40 x 20 metres x 7 metres high (3.5 metres to eaves) and be constructed with facing brick and glazed walls and a glazed roof, with dark green painted metal framing. Inside, it would house tropical vegetation and animals including butterflies, parrots, bats, frogs, snakes, lizards, spiders and small monkeys. An area around the building is shown for proposed landscaping.

1.2 The proposal is designed to add to the range of attractions at the M&D's site, and would replace three theme park rides recently removed. It would provide both an educational and recreational resource, linked to the existing facilities at the park and providing a more year round visitor attraction.

2. Development Plan

2.1 The site is within the Green Belt in the Central Industrial Area Part Development Plan 1964 but shown as a colliery site.

2.2 The site lies within the Green Belt and Strathclyde Country Park in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policies ENV5, ENV6, L2, L5, L8 and TR13 apply. 2.3 Strathclyde Park is identified as a Strategic Environmental Resource in the Glasgow and Clyde Valley Joint Structure Plan 2000 (Policy SP7). It is also identified as a Tourism Development Area (Policy SP5). Other relevant policies are SP6 and SP9. The Policy SP6 seeks to improve health, quality of life and safeguard local employment opportunities. Policy SP9 seeks to protect against sporadic development and safeguard investment areas identified in Policies SP5 and 7 (ie Strathclyde Park).

2.4 Although not part of the Development Plan, the application has to be assessed against the Strathclyde Country Park Development Strategy approved by the Council in 2000. The strategy seeks to encourage appropriate development within the park which accords with the Park's main function of providing community leisure and sporting activities which do not compromise the country environment of the park.

3. Consultations and Representations

3.1 Amey Highways, on behalf of the Scottish Executive Transport Department, have confirmed that the Trunk Roads Authority has no objection to this proposal. NLC Transportation Section also have no objection, now that amended plans show there will be no reduction in existing parking provision as a result of the proposal.

3.2 NLC Community Services Department seek landscaping around the building, which has been shown on amended plans.

3.3 Scottish Natural Heritage has no objection to this application although it has expressed a concern that the cumulative impact of this and previous development is likely to further degrade the integrity and undermine the value of the area as a Registered Country Park. They note also the requirement for the applicant to comply with various wildlife legislation and to ensure that no non-native fauna or flora species escape into the wider park environment.

4. Planninn Assessment and Conclusions

4.1 This application for a new Rainforest Visitor Attraction building at M&D’s amusement park in Strathclyde Park is given qualified support by the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Policies L5 on Tourism Development and L8 on Strathclyde Country Park, and by the Strathclyde Country Park Development Strategy. It is also supported by the Tourism Development Area status given to Strathclyde Park by the Glasgow and the Clyde Valley Joint Structure Plan Strategic Policy 5, and by Strategic Policy 6. The detailed issues which require assessment (and which are covered by the Local Plan Policies ENV5, ENV6, L2 and TR13 and by Structure Plan Policies SP7 and SP9) and which I will assess in turn are: - (a) Green Belt Policy; (b) impact on landscape, design, visual amenity, biodiversity and the surrounding environment; (c) suitability of location, traffic generation, access and parking.

4.2 The proposal cannot be classified as one of the forms of appropriate development in the Green Belt, according to both national planning policy and Local Plan Policy ENVG. However, it is linked to existing outdoor recreation uses in terms of the funfair and the wider recreational use of Strathclyde Park; the applicant also states that the proposal would complement the educational role of the existing Park Ranger Service. I am satisfied there would be no conflict with the purposes of the Green Belt, given the site location within the existing amusement com plex.

4.3 I now turn to the second area of assessment required, as listed in paragraph 4.1 (b) above. I consider that there should be no significant adverse impact on the landscape, surrounding environment and visual amenity, in view of the proposed siting immediately to the rear of the existing bowling alley and Alona Hotel buildings and close to the dominant amusement park rides. The high, single storey building proposed (7 metres to apex, 3.5 metres high to the eaves) would be a largely glazed structure, using dark green coloured steel framing. The walls would be part facing brick, part glazed, with an entrance feature and a circular feature window on one end elevation, and with a landscaped strip and landscaped bank around three sides of the building. In view of the siting within an existing developed area, from which three rides have recently been removed, there should be no impact on the existing biodiversity of the park. The concern of Scottish Natural Heritage that no non-native species of fauna or flora should escape into the Park can be addressed by a note to the Applicant on any decision notice, advising of the need to comply with the relevant wildlife regulation.

4.4 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Policy L2 requires assessment of suitable alternative sites in or around town centres, where appropriate, for leisure development proposals. The applicant’s supporting statement states that his proposal would not be suitable for a town centre because it will be an integral part of the amusement park and would not be viable in a stand alone location. In terms of traffic generation, it would seem likely that many of the car trips which would be generated by this proposal would be for multi- function visits. The Trunk Roads Authority has not objected to this application, after accepting the argument of the applicant’s consultant, that there will be a net reduction in traffic generation, due to this proposal replacing three theme park rides formerly on the site. Although off-peak traffic movements could increase on some days (when the weather is unsuitable for visiting outdoor facilities), I accept the suitability of this site for the current proposal, as it will clearly be linked to existing indoor and outdoor facilities at the park, and will attract many multi-function visits. I also note that NLC Transportation Section has no objection to the application, and have accepted no change to the existing parking provision serving the wider site. 4.5 In conclusion, I consider that this application is in overall conformity with the relevant development plan policies. The particular locational reasons for siting this attraction alongside existing built development in the amusement park, and the lack of harm to the purposes of the Green Belt, are considered sufficient material considerations to outweigh the fact that this is not “appropriate development” in terms of Green Belt policy. Other policy considerations are satisfied by the proposal, subject to conditions primarily on design and landscaping issues. In view of the presence known archaeological interest nearby, I also recommend a condition to secure site access for archaeological observation, and recording if any finds are made.

4.6 This application is therefore recommended for approval subject to the application of the appropriate conditions. It should however be noted that as the proposal does not accord with the adopted or approved Local Plan for the area and is located on land in which the Council has both an interest and a possible financial interest, the application needs to be referred to the Scottish Ministers. Application No: S/04/00977/REM

Date Registered: 4th June 2004

Applicant: Mr & Mrs S Forster 175 Mill Road Allanton Shotts

Agent Skirling Design Studio 21 South Back Road Biggar ML12 6AD

Developmen t : Erection of Dwellinghouse

Location: Land South Of 173 Mill Road Allanton Shotts Lanarkshire

Ward: 17: Stane Councillor Frank Gormill

Grid Reference: 28471 1 657984

File Reference: SIPLIBI3116IMR

Site History: Outline Planning Consent granted 19 November 2003, Ref no. S/03/01362/0UT

Development Plan: The site lies within an area zoned as Existing Housing within the Shotts Local Plan 1982 and as Established Housing Area in the Southern area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: S.E.P.A. (West) (No Objection) Scottish Water (Comments) British Gas Transco (No Objection) Scottish Power (No Objection)

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This reserved matters planning application seeks detailed planning consent for the erection of a dwellinghouse on land south of 173 Mill Road, Allanton, Shotts. One letter of representation has been received as a result of the neighbour notification process, the details of which are considered in my attached report. Having taken all concerns into account, it is considered that the development is acceptable in terms of the impact on the surrounding area and I therefore recommend that planning permission be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started no later than 19 November 2008. \ Reason: To accord with the outline planning permission.

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

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

3. That the facing materials to be used shall complement in colour and texture those of the adjacent dwellinghouses in particular the use of brick or stone shall be limited to the base course and decorative features only and the colour shall be buff or brown. The roof shall be finished with dark grey tiles and the external walls shall be a neutral colour with a dry dash render.

Reason: In order that the development is in keeping with the surrounding properties.

4. Notwithstanding the requirement of condition 3 above, before the development 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 ensure the Planning Authority to consider these aspects in detail.

5. That before the dwellinghouse permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to exit and leave the site in forward gear.

Reason: To enable vehicles to exit and leave the site in forward gear at all times.

6. That the driveway of the dwellinghouse permitted shall not exceed a gradient of 10%.

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

7. That before the dwellinghouse hereby permitted is occupied, a 3 metre wide dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

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

8. That before the dwellinghouse hereby permitted is occupied, a private vehicular access or driveway, of at least 9 metres in length, shall be provided and the first two metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

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

9. The no trees within the application site shall be lopped, topped or felled and no shrubs or hedges shall be removed from the application site, without prior approval in writing by the Planning Authority. Reason: To enable the Planning Authority to consider these aspects, in the interests of nature conservation and visual amenity.

Background Papers:

Application form and plans received 4th June 2004

Memo from NLC Transportation Section received 28th June 2004 Memo from Head of Protective Services received 2nd July 2004 Letter from S.E.P.A. (West) received 3rd September 2004 Letter from Scottish Water received 30th June 2004 Letter from British Gas Transco received 21st June 2004 Letter from Scottish Power received 21st June 2004

Letter from Mr & Mrs Todd, 171 Mill Road, Allanton, Shotts, ML7 5DD received 9th June 2004

Shotts Local Plan 1982 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Murray Reid at 01698 302102. APPLICATION NO. S/04/00977/REM

REPORT

1. Description of Site and Proposal

1.I This planning application seeks detailed planning consent for the erection of a dwellinghouse on land south of 173 Mill Road, Allanton, Shotts. The application site lies within an area of open grassland between detached houses at 171 and 173 Mill Road, within the defined village of Allanton. Extensive open land lies to the West and across Mill Road to the East lies single storey residential properties.

1.2 The application site was granted outline planning consent on 19th November 2003 for a single storey house subject to conditions. Condition 13 stated that “the reserved matters application should be accompanied by written confirmation from Scottish Water that the additional water flow will not cause or contribute to the premature operation of concealed storm overflows”. In relation to this the applicant has submitted a copy of a letter from Scottish Water dated 23 September 2004 confirming that no constraints have been identified on the drainage network to which the proposed house would connect.

2. Development Plan

2.1 The site lies within an area zoned as Existing Housing within the Shotts Local Plan 1982 and as an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified June 2001 and 2004). The development is in accordance with the development plan.

3. Consultations and Representations

3.1 My Transportation Section has no objections to the application subject to the conditions that the access to the driveway should be via a 3 metre wide dropped kerb footway arrangement, the driveway should be paved for the first 2 metres in its entirety behind the heel of the footway, the driveway gradient should not exceed 10% and the turning facility shown should be increased from 6 metres to 9 metres in length.

3.2 My Protective Services Section have no objections.

3.3 SEPA West have indicated that all foul drainage from the site should be connected to the public sewer following written assurance from Scottish Water that the additional flow will not cause or contribute to the premature operation of consented storm overflows.

3.4 Scottish Water (West) have indicated that there is a connection to the public water supply located in the adjacent street to the site and that there is a connection to the public sewers in the vicinity. The drainage requirements will require to be to the satisfaction of SEPA.

3.5 Scottish Power and Transco have no objections to the proposed development.

3.6 One letter of representation was received from the adjacent neighbouring property at 171 Mill Road, Allanton, Shotts. The points of objection may be summarised as follows;

0 Concern of possible damage to retaining wall resulting in problems with the land on this slope falling away as a result of digging of the foundations and laying of drainage for the proposed dwelling house. 0 Removal of tree and associated roots resulting in structural damage to property. 0 Impact of access from a busy road and concern of parked cars on front of application site obscuring visibility splays when exiting from drive onto busy road. 0 Continued noise during construction of dwellinghouse over several months outwith normal working hours.

4. Planninn Assessment and Conclusions

4.1 The development plan comprises the Glasgow and the Clyde Valley Joint Structure Plan 2000, the Shotts Local Plan (Adopted) 1982 and in view of the age of the adopted plan, the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) is a significant material consideration. The proposed development involves the development of a gap site zoned for residential purposes. As the proposals are in accordance with the Development Plan there are no objections to the principle of this development in land use policy terms.

4.2 In assessing this particular proposal it is considered that Policy HSG8 (Established Housing Areas) and Policy HSGll (Infill Housing Development) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) are the relevant policies. HSG8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing area. Policy HSGl I states that when considering planning applications for infill residential development on suitable gap sites within the urban area, the council will take account of the following: -

(i) The overall impact of the proposal on the character and amenity of the surrounding area. (ii) Dimensions of the site relative to the proposed development and associated private garden ground. (iii) Effect of infill on the garden space, privacy and sunlight received by surrounding properties. (iv) Consideration given to scale, materials, roof heightlpitch and window patterns. (v) Provision of vehicular access and parking arrangements.

4..3 It is considered that the design and setting of the proposed dwellinghouse on this gap site will be in keeping with the character and amenity of the surrounding area. The applicant has submitted amended drawings to provide what is considered an adequate provision of private garden ground in relation to the Council’s Open Space Standards. In relation to condition 5 of the outline consent the applicant has designed the ridge line of the house to be parallel to Mill Road so that it is in keeping with the surrounding properties. It is considered that the development is appropriate to its rural location in relation to the scale, massing and roof pitch. Planning conditions will ensure the appropriate fenestration and materials are used. Both neighbouring properties have no habitable windows on their gable elevations that the proposal will look onto therefore there are no privacy issues. Condition 7 of the outline consent specifies that no part of the dwellinghouse shall exceed one storey in height and that the dwellinghouse should have a traditional double pitch roof. Although the latter has been complied with in conjunction with condition 5 by orientating the ridgeline of the house parallel to Mill Road, the proposal is for a house that is 2 storey to the rear. It is considered however that due to the topography of the land and the proposed design, the proposal satisfies the condition with regards to the visual outlook from along the frontage of Mill Road, will be able to accommodate the proposal and will achieve what the outline condition set out to do. It is considered that the size, design and location of the proposal, is acceptable in terms of its impact on the amenity of the surrounding residential properties. The remaining transportation issues can be addressed by planning conditions.

4.4 In the assessment of transportation implications of the development, as required under Local Plan Policy TR13, my Transportation Section has no objections to the proposal subject to various conditions as previously discussed above in paragraph 3.1. The applicant has submitted amended plans with a 9 metre turning facility within the application site in accordance with my Transportation Section’s comments. With regard to the other issues it is considered relevant and necessary to resolve these through the use of the appropriate planning conditions.

4.5 In response to the points of objection listed in paragraph 3.6 above I would comment as follows:-

(i) The potential damage to the retaining wall and possible structural damage to the property as a result of digging foundations, laying drainage and removal of the existing tree are all legal issues and outwith the realms of the planning legislation. (ii) With regard to the impact of the access onto a busy road and concerns over parked cars obscuring visibility splays and the dangers of existing properties my Transportation Section has no objections to this proposal subject to conditions as discussed above in paragraph 4.5. As this is a reserved matters application the issue of access was considered at the outline stage and deemed to be appropriate. Furthermore it should be noted that three residential developments with similar access arrangements have been granted planning consent in recent years on the same side of the road and in close proximity to the site. In view of this and given the limited amount of traffic likely to be associated with this development I consider that it would be unreasonable to refuse this reserved matters application for this reason. I also recommend a condition requiring a turning facility within the site, which should help to alleviate matters. (iii) It is considered that any new residential development will have an element of associated noise during its construction period and that this would not merit refusal of this application.

4.6 Having taken all concerns into account, it is considered that the development is acceptable in terms of the impact on the surrounding area and I, therefore, recommend that planning permission be granted subject to the attached conditions. Application No: S1041011151FUL Date Registered: 30th July 2004

Applicant : Scottish Water Castlehouse 6 Castle Drive Carnegie Campus Dunfermline KYII 9GG

Agent Scottish Water Solutions Thompson Pavilion West Of Scotland Science Park Glasgow G20 OXA

Development: Proposed Installation of Final Settlement Tank (FST) Motor Control Centre (MCC), RAS Pumping Station, Altered Internal Access Road and Associated Ancillary Development for Sewage Treatment

Location: Sewage Treatment Works Rosehall Road Shotts

Ward: 18: Dykehead Councillor James Robertson Grid Reference: 286590659350

File Reference: SIPLIBI59IRC Site History: Alterations and Extensions approved in 1974 and 1982. New tanks and building approved 1999 (S/98/01594/FUL)

Development Plan: The site is identified for the Upgrading of Sewage Works in the Shotts Local Plan 1982. The site lies within land designated as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), and adjacent to the South Calder Water Site of Importance for Nature Conservation. Policies ENV8 and ENV14 apply.

Contrary to Development Plan: No

Consultations: S.E. P.A. (W est) (Comments) NLC Community Services (No objections) NLC Pollution Control (No objections)

Representations: None Received

Newspaper Advertisement: 9th September 2004

Comments:

This application seeks consent to upgrade facilities at the existing Sewage Treatment Works, Rosehall Road, just to the south-west of the built up area of Shotts. The upgrade is required to enable Scottish PLANNING APPLICATION No. S I04 I01115 I FUL INSTALLATION OF FINAL SETTLEMENT TANK, Rulwed by R.MIrpm Ewlmnmn MOTOR CONTROL CENTRE, PUMPING STATION, MadlYMrn ALTERED INTERNAL ACCESS ROAD AND ASSOCIATED 4u1e6ol Fi.m,gwmc ZTWRsd ANCILLARY DEVELOPMENT FOR SEWAGE TREATMENT WMBWWAUID A RpidhOmlt.C.*rU*N*m911.mh 0702386162101.w Far OlZ58W32 mpml#mdW CmnldWdl.rl*jWa sabnl mu OCW"W,W SEWAGE TREATMENT WORKS, ROSEHALL ROAD, SHOTTS. Lhuthi""dmnblC*n M,ro"DIP" 0 LbrmL4000111 w,m, Site Area = 2.8 ha. d mqI"dt0ear"lm * *Nil P'"liW Water to conform with the Urban Waste Water Treatment (Scotland) Regulations. It is proposed to construct a new settlement tank, pumping station and motor control centre buildings, and amend the internal access road. Other aspects of the works are underground and constitute "Permitted Development". The application has been advertised, but no objections have been received from third parties or consultees and no properties should be adversely affected by the development. Only one, single storey dwelling 240 metres west of the site, is within sight of the proposed development site, but it is well screened from it. Agricultural land surrounds the site and there will be little visual impact from the development. The consultation response from SEPA has noted that there could be concerns about the potential for an increase in the discharge of sewage effluent into the South Calder Water, which lies to the south of the site. However, they note that they are content to control this by the SEPA Licensing regime under the Control of Pollution Act, and I recommend a Note to the Applicant be included on the Decision Notice to this effect.

This application accords with the development plan and I recommend its approval, subject to conditions.

Recommendation: Grant Subject to the Following Conditions:.

1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That the external materials shall be as stated on the approved drawings, unless otherwise agreed in writing by the Planning Authority.

Reason: For the avoidance of doubt and in the interests of visual amenity in this rural location.

Background Papers:

Application form and plans received 17th June 2004 and 30th July 2004

Memo from NLC Protective Services received 26th August 2004 Memos from NLC Community Services received 25th August and 14th October 2004 Letters from S.E.P.A. (West) received 6th September and 12th October 2004

NPPG 10 Planning and Waste Management Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302136. Application No: S/04/01230/FUL

Date Registered: 13th July 2004

Applicant: Vodafone (UK) Ltd 48 St Vincent Street Glasgow G2 5TS

Agent Mono Consultants Ltd 48 St Vincent Street Glasgow G2 5TS F.A.O. Andrea MacGregor

Development: Erection of 12 Metre High Mobile Phone Monopole to Accommodate Three Antennas and Associated Ground Based Equipment

Location: Land At Hamilton Road Motherwell Lanarkshire

Ward: 1: Ladywell Councillor Michael Ross

Grid Reference: 274342656641

File Reference: SlPLlBll3123lPW

Site History: Outstanding appeal by 02 for similar proposal 17 metres to west of site, following refusal of permission in May 2004

Development Plan: Adjacent zoning Policy RTL 9 Other Commercial Uses Policy CS 6 Telecommunications Development both in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations: Councillor Michael Ross (Request for Site Visit and Hearing) OFCOM (Scotland) (No Objection)

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks consent for the erection of a 12 metre high mobile phone monopole, three antennas and associated equipment cabin on the pavement in front of 'Parks Renault' garage, Hamilton Road, Motherwell. Two letters of objection have been received on health and visual grounds as well as a request for a site visit and hearing from the local member. The proposal has been assessed in terms of Policy CS 6 in the Southern Area Local Plan Finalised Draft (Modified 2001) and in the context of a similar proposal which is currently the subject of a Planning Appeal 17 metres to the west. It is considered that the proposal is satisfactory in terms of public health as the necessary ICNIRP Declaration regarding levels of emissions has been provided. However, the proposed monopole is 17 metres to the east of a similar proposal by 02 (UK) Ltd, which is currently the subject of an outstanding PLANNING APPLICATION No. S I04 I01230 I FUL

ERECTION OF 12 METRE HIGH MOBILE PHONE MONOPOLE TO ACCOMMODATE THREE ANTENNAS AND ASSOCIATED GROUND EQUIPMENT

LAND AT HAMILTON ROAD, MOTHERWELL * Representations Planning Appeal after refusal by Committee on the 11th of May 2004. It is considered that the application has to be assessed in the context of this outstanding Planning Appeal. It is considered that this application cannot be fully assessed until the outcome of the appeal is known, as if the appeal is successful, it could lead to two monopoles in close proximity at this prominent location, thus leading to overproliferation resulting in an unacceptable and detrimental visual impact. Additionally, as the proposed monopole is within 15 metres of the junction of The Loaning, it is considered that installation and maintenance vehicles will impeded the visibility splay of the junction of The Loaning and Hamilton Road westward. This application is therefore recommended for refusal.

Recommendation: Refuse for the Following Reason:-

1. It is considered that the proposal is premature in the context of the current appeal on the adjacent site for a similar mobile phone monopole, as, if the appeal is successful, it could lead to two monopoles being erected in close proximity at this busy and prominent location to the detriment of visual amenity, contrary to the terms of Policy CS 6 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) which encourages mast sharing and site sharing amongst telecommunications operators.

2. The proposed siting of the monopole and equipment cabin could result in maintenance vehicles parking within 15 metres of a busy junction at The Loaning and Hamilton Road, impeding the visibility splay westwards to the detriment of road safety.

Background Papers:

Application form and plans received 9th July 2004 Southern Area Local Plan Finalised Draft Local Plan (Modified 2001 and 2004) Letters from the applicant dated 27'h August and !jthOctober 2004 Memo from Transportation Team Leader dated 1gth August 2004 Letter from Councillor Michael Ross received 16th August 2004 Letter from OFCOM (Scotland) received 28th July 2004 Letter from I B Mackay, Director, Parks of Hamilton (Townhead Garage) Ltd, 228-232 Hamilton Road, Motherwell, MLI 3DT received 20th July 2004. Letter from Lyndsay Boyce, 16 Guthrie Court, Motherwell, MLI 3FR received 7th September 2004.

Any person wishing to inspect these documents should contact Paul Williams at 01698 302091 APPLICATION NO. S/O410123O/FUL

REPORT

1. Description of Site and Proposal

1 .I This application seeks consent for the erection of a 12 metre high galvanised metal mobile phone monopole mast with three antennas and equipment cabin at the heel of the footway immediately in front of Parks Renault garage at Hamilton Road, 9 metres from the corner of The Loaning in Motherwell.

1.2 The equipment proposed would take up an area of approximately 3 metres long by 0.75 metres deep. The footway at this location is 5 metres wide. The associated equipment cabin has the appearance of a typical telephone cabinet.

1.3 A similar mobile phone monopole application at a site 17 metres to the west also on the heel of the footway is currently the subject of a Planning Appeal, having been refused permission by the Council on the 11 th of May 2004.

2. Development Plan

2.1 The site lies on the footway adjacent to the garage, which is zoned within policy RTL 9, (Other Commercial Uses) in the emerging local plan.

2.2 Policy CS 6 in this local plan is directly applicable to the assessment of this application. This policy states that the Council will take a precautionary approach to telecommunications development and will seek to locate them in industrial or commercial areas away from residential or other sensitive uses. The policy also encourages mast and site sharing amongst telecommunications operators.

3. Consultations and Representations

3.1 Ofcom made no substantive comments as a result of the consultation process. However, Councillor Michael Ross has requested a site visit and hearing for the application.

3.2 The Transportation team leader of my department has expressed concern that the proposed siting of the monopole could lead to maintenance vehicles parking within 15 metres of the junction of The Loaning and Hamilton Road, thus impeding the visibility splay westwards to the detriment of road safety.

3.3 Two letters of objection have been received, one a from resident of the Guthrie Court flats, 50 metres to the south-east of the application site and one from the adjacent 'Parks Renault' garage. The objections are on visual amenity grounds in that the proposed monopole would be unsightly and health grounds in particular in relation to proximity to local schools and residential areas

4. Planning Assessment and Conclusions

4.1 The relevant local plan policy, CS 6, states that a precautionary approach is taken in assessing such applications. This policy also states that the Council should seek to locate such proposals away from residential areas and sensitive uses, which in terms of this application would relate directly to the nearby schools and residential areas. 4.2 In terms of the precautionary approach and the guidance contained within NPPG 19, on Radio Telecommunications, the applicant has provided the necessary ICNIRP Declaration stating that the proposal is well within recognised international safety standards in terms of electro-magnetic radiation. The applicant has also provided information regarding an alternative sites survey, which concludes that the site under consideration is the only suitable site for the intended coverage. Although the nearest school is 160 metres away, the Council has taken a precautionary approach by ensuring that all other alternative sites have been investigated, with no other suitable sites being found.

4.3 With regard to visual impact, the proposal has to be assessed is in terms of PAN 62 (Planning Advice Note) on the Visual Impact of Telecommunications Development. Although the monopole is designed to minimise contrast with the surrounding urban landscape, it is considered that this application has to be assessed in the context of the outstanding Planning Appeal for a similar mobile phone monopole 17 metres to the west of this site also at the heel of the footway. As such, it is considered to be a significant material consideration in the assessment of this application. It is further considered to be premature to assess this application until the outcome of the appeal is known, as if the appeal is successful, it could lead to two monopoles in close proximity at this busy and prominent location. It is considered that this would result in an unacceptable over-proliferation in terms of visual impact. Additionally, if the appeal were to be successful, it would then be appropriate to investigate the possibility of a site share in accordance with the relevant policies and guidance. The applicant has been made aware of this but has however requested that the application be decided by committee.

4.4 It is therefore considered that it is premature to assess this application until the outcome of the appeal on the adjacent site is known as it could result in an unacceptable over-proliferation of monopoles at this busy and prominent location to the detriment of visual amenity. Additionally, as outlined in paragraph 3.2, the siting of the monopole could detrimentally effect road safety at the junction of The Loaning and Hamilton Road. This application is therefore recommended for refusal. Application No: S/04/01263/FUL

Date Registered: 26th August 2004

Applicant: Mrs Joanne McLachlan 41 West Main Street Harthill Shotts ML7 5QD

Agent Mr. J. Kerr McDougall Unit 13 Canyon Road Netherton Industrial Estate Wishaw ML2 OEG

Development: Erection of Shop (Temporary Building)

Location: 41 West Main Street, Harthill, Shotts, Lanarkshire, ML7 5QD

Ward: 20: Benhar Councillor Charles Cefferty

Grid Reference: 290431.664381

File Reference: S/PL/B/17/21(98)/FM

Site History: Permission Granted in April 1998 for the erection of a domestic garage (ref no: S/98/00375/FUL)

Development Plan: The site is zoned as an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), to which policy HSG 8 applies.

Contrary to Development Plan: Yes

Consultations: None Required

Representations: 1 Representation Letter

Newspaper Advertisement: 2gthSeptember 2004

Comments:

This application seeks detailed planning consent for a temporary period for the erection of a timber building to be used as a shop in the rear garden ground of 41 West Main Street, Harthill. The application site is within an Established Housing Area. It is proposed to gain access to the site from the side of the existing property, however there is a secondary access to the rear of the site from Victoria Street. One letter of representation has been received in relation to this application, details of which are contained in my accompanying report. It is considered that the proposed location of this building for the use as a shop is not an acceptable use within an Established Housing Area. Therefore for reasons detailed in the attached report I recommend that the application should be refused. PMNNINGAPPLICATION No. S/04/01263/FUL

ERECTION OF SHOP ( TEMPORARY BUILDING ) A PamcdMhomtn 0m.u 9unnmgpmwlh hrnrnlldrn dkcmtwbkrlh,q.. 41 WEST MAIN STREET, HARTHILL. SLMVma ocmosxmr UlWlkl"d,.prn*r(a Vh,q..CmoW,HL ud PW Ih4l0~0wI0101 poollir. Recommendation: Refuse for the Following Reasons:.

1. That the proposed development is contrary to Policies RTL 1, RTL 4 and HSG 8 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) in that the siting of a temporary shop in this location would be incompatible with the residential setting of the site to the detriment of the amenity of the area and its residents.

Background Papers:

Application form and plans received 9th July 2004

Memo from NLC Transportation Section received 4'h October 2004 Memo from NLC Head Of Protective Services received 14th September 2004

Letter from Wishaw 8 District Housing Association, 55 Kirk Road, Wishaw, ML2 7BL, F.A.O. Colette McKenna received 26th July 2004.

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Fraser Miller at 01698 302087. APPLICATION NO. S/04/01263/FUL

REPORT

Description of Site and Proposal

The applicant seeks planning permission to erect a temporary timber building for the use as a jeweller’s shop at 41 West Main Street, Harthill. It is proposed to erect a timber building measuring 5.175 metres in length by 2.465 metres in width at a height of 2.415 to the eaves and 2.99 to the ridge. It is proposed to finish the temporary building with weatherboarding.

The application site is the rear garden ground of a single storey semi detached dwellinghouse bounded by dwellings to the east, south and west by dwellinghouses and to the north by a row of shops. At present within the rear garden ground there is a single garage which gains access from West Main Street and a larger double garage that gains access from the Wishaw and District Housing Association residential private car park on Victoria Street.

Development Plan

The application raises no strategic issues of a strategic nature and so should be considered in terms of local plan policies.

In the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) the site is zoned as an Established Housing Area and Policy HSG 8 is relevant to this development. Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of the Established Housing Areas.

Also relevant to the current proposal is Policy RTL 1 Retail Development, which states that the Council will seeks to enhance retail provision within the Plan area by directing lesser retail developments to town centres, village, neighbourhood and secondary commercial areas. Policy RTL 4 (Assessing Applications for Retail Development) is a material consideration in the assessment of this application and states that when determining applications for Class 1 Retail Development, the Council will take account of the various criteria: Points (3), (5), and (7) are relevant to this application.

(3) the availability of suitable sites in or around town centres (5) the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment (7) the provisions made for vehicular access, parking, and the proposal’s impact on pedestrian safety and traffic circulation

Consultations and Representations

The Transportation and Protective Services Sections were consulted on the proposal and raised no objections.

One letter of objection has been received following the press advertisement and neighbour notification procedures, the letter has been received from Wishaw and District Housing Association and it relates to the use of the car park off Victoria Street. The objectors have advised that when the development off Victoria Street was constructed a right of access with the owner of 41 West Main Street, across the car park to the private driveway was agreed. The right of access does not extend to the general public. The Association has serious concern that, if shop premises are opened in the proposed location, customers will use the tenants’ private car park as there appears to be no parking provision shown on the submitted plans.

4. Planning Assessment and Conclusions

4.1 Development Plan Policies relevant to the assessment of this application for the erection of a shop are contained in the Southern Area Local Plan, Policies RTL 1 and RTL 4 (3), (5) and (7) are applicable. In assessing this particular proposal, it is considered that the relevant determining factors are whether the shop is acceptable in terms of its location, as well as the impact of the proposal on the character and amenity of adjoining properties, the surrounding environment, the provisions made for vehicular access, parking and the impact on pedestrian and traffic circulation.

4.2 It is considered that the proposed siting of the temporary shop within an established residential area as opposed to a location zoned for retail purposes would be contrary to Policies RTL 1 and RTL 4.

4.3 In terms of the location of the proposed temporary shop within the Established Residential Area, Policy HSG 8 of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) applies and sets the criteria for the determination of applications within Established Housing Areas. In this respect, the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of the Established Housing Areas. There are some developments which, although non-residential in nature are compatible within established housing areas and are required to serve the needs of residents. These include facilities such as local shops and nursing homes. In terms of the suitability and impact of the proposal on the character and amenity of adjoining properties and surrounding environment, it is acknowledged that although West Main Street is a busy location, this development would lead to an intensification of activity in the rear garden ground of the application site and would give rise to noise and general disturbance to the detriment of the amenity and privacy enjoyed by the adjoining properties. With regards to the impact of the proposed development on vehicular access, parking, and the proposal’s impact on pedestrian safety and traffic circulation I would advise that the Transportation Section have no objections to the proposed temporary shop as there are no on- street parking restrictions on this section of West Main Street and that customers would be able to park on West Main Street. Although each application is considered on its own individual merits the issue of setting a precedent is of relevance as if this application was to be approved it may be difficult to refuse further commercial developments within residential areas.

4.4 In response to the grounds of objection received the concerns regarding the use of the private car park to the rear of the site being utilised by customers is considered to be a private matter and is not a material consideration in the assessment of this application.

4.5 In conclusion, in light of the above assessment I consider the proposed development to be contrary to policies RTL 1, RTL 4 and HSG 8 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and would therefore recommend that the application be refused. Application No: S/04/01395/FUL

Date Registered: 2nd August 2004

Applicant: Crown Castle (UK) Ltd Clo Agent

Agent Mono Consultants Ltd 48 St Vincent Street Glasgow G2 5TS

Development: Installation of 20 Metre Telecommunications Mast & Associated Equipment

Location: Telephone Exchange Gray Street Cleland Motherwell Lanarkshire

Ward: 19: Cleland Councillor James Martin JP

Grid Reference: 279857658206

File Reference: SlPLlBlWI2lMR

Site History: Planning consent granted on 10th February 1972 for siting of temporary telephone exchange

Planning consent granted 2nd August 1997 for location of telephone exchange

Development Plan: The site is zoned as Established Community Facilities in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: Yes

Consultations: OFCOM (Scotland) (No Objections)

Representations: 302 Representation Letters

Newspaper Advertisement: 11 August 2004

Comments:

This application seeks consent for a 20 metre telecommunications mast and associated equipment at the telephone exchange, Gray Street, Cleland. The proposal is to erect a new ground based monopole at the site to accommodate equipment, to provide mobile phone coverage to the Cleland area, while also linking into the surrounding network. The existing access arrangements to the site would be utilised. 302 letters of representation have been received in connection with the proposal which are detailed in my accompanying report. Although the proposal complies with accepted practice in relation to Public Health and Safety it is considered that the proposal would be contrary to Policy CS6 because of its unacceptable visual intrusion on the surrounding area. I therefore recommend that this application be refused. Public Park Recommendation: Refuse for the Following Reason:-

1. The proposal is contrary to Policy CS6 (Telecommunications Development) of the Southern Area Local Finalised Draft (Modified 2001 and 2004) because it would have an adverse impact on the nearby sensitve uses namely the public park and Cleland primary school and also it would be to the detriment of visual amenity of the surrounding area and in particular for the residents of Aberlady Street, Gray Street and Omoa Road.

Background Papers:

Application form and plans received 2nd August 2004 Supplementary information received 21st October 2004

Letter from OFCOM (Scotland) received 25th August 2004 Letter from Councillor James Martin received 23rd August 2004 Memo from NLC Transportation Section received 31st August 2004 Memo from NLC Community Services received 27th August 2004 Memo from Director Of Education received 9th July 2004

Letter from Owner/Occupier, 50 Biggar Road, Cleland, MLI 5PB received 13th August 2004. Letter from Harry McConnachie, 6 Fir Place, Cleland, MLI 5RF received 13th August 2004. Letter from Owner/Occupier, 16 Wilsgait Street, MLI 5PE received 13th August 2004. Letter from Michelle Farrell, 11 Wilsgait Street, Cleland received 13th August 2004. Letter from Owner/Occupier, 16 Omoa Road, Cleland received 13th August 2004. Letter from Owner/Occupier, 18 Omoa Road, Cleland received 13th August 2004. Letter from Jane & Davie Brennan, 14 Omoa Road, Cleland received 13th August 2004. Letter from John & Rosemary Norton, 6 Gray Street , Cleland, MLI 5RL received 13th August 2004. Letter from J.Delaney, 6 Omoa Road, Cleland, MLI 5RQ received 13th August 2004. Letter from DSkelton, 15 Wilsgait Street, Cleland received 13th August 2004. Letter from J.Buchanan, 113 Gorsehall Street, Cleland received 13th August 2004. Letter from J.McGhie, 119 Gorsehall Street, Cleland received 13th August 2004. Letter from Jean Speirs, 4 Fir Place, Cleland received 13th August 2004. Letter from Kathleen McConnachie, 6 Fir Place, Cleland, MLI 5RF received 13th August 2004. Letter from S Gunning, 8 Fir Place, Cleland received 13th August 2004. Letter from F Gunning, 8 Fir Place, Cleland received 13th August 2004. Letter from Mrs Kathleen Scott, 120 Chapel Street, Cleland received 13th August 2004. Letter from Kevin Miller, 1 Swinstie View, Cleland received 13th August 2004. Letter from A McAvoy, 6 Wilsgait Street, Cleland received 13th August 2004. Letter from Linda Nicol, 4 Wilsgait Street, Cleland received 13th August 2004. Letter from M Murdoch, 10 Wilsgait Street, Cleland received 13th August 2004. Letter from Mary Brennan, 18 Nith Path, Cleland received 13th August 2004. Letter from E Hayten, 18 Mennock Street, Cleland received 13th August 2004. Letter from Anne Marie Pratt, 12 Mennock Street, Cleland received 13th August 2004. Letter from Mrs Coyle, 10 Tinto Way, MLI 5PJ received 13th August 2004. Letter from Una McFarlane, 8 Mennock Street, Cleland, MLI 5PQ received 13th August 2004. Letter from K.Lawson, 4 Mennock Street, Cleland, MLI 5PQ received 13th August 2004. Letter from Owner/Occupier, 15 Tinto Way, Cleland received 13th August 2004. Letter from Owner/Occupier, 13 Tinto Way, Cleland received 13th August 2004. Letter from M.Miller, 15 Nith Path, Cleland received 13th August 2004. Letter from K.McLeson, 14 Mennock, Cleland received 13th August 2004. Letter from Agnes McCaully, 20 Tinto Way, Cleland received 13th August 2004. Letter from T.McGlinchey, 14 Tinto Way, Cleland received 13th August 2004. Letter from Michael Mallaghn, 11 Tinto Way, Cleland, MLI 4PJ received 13th August 2004. Letter from Owner/Occupier, 1 Wilsgait Street, Cleland received 13th August 2004. . Letter from Owner/Occupier, 3 Wilsgait Street, Cleland, MLI 5PE received 13th August 2004. Letter from Caroline McCristall, 5 Wilsgait Street, Cleland received 13th August 2004. Letter from Elizabeth Hyslop, 35 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 33 Lithgow Drive, Cleland received 13th August 2004. Letter from Jean Henry, 25 Lithgow Drive, Cleland received 13th August 2004. Letter from Willie McLean, 27 Lithgow Drive, Cleland received 13th August 2004. Letter from Mary McLean, 27 Lithgow Drive, Cleland received 13th August 2004. Letter from A.Cairns, 15 Lithgow Drive, Cleland received 13th August 2004. Letter from Eleanor Hart, 13 Lithgow Drive, Cleland received 13th August 2004. Letter from Rose Devlin, 9 Carrick Vale, Cleland, MLI 5RP received 13th August 2004. Letter from Mrs M. Munro, 7 Wilsgait Street, Cleland received 13th August 2004. Letter from Owner/Occupier, Glenauld, 26B Bellside Road, Cleland received 13th August 2004. Letter from Lorraine Rafferty, Glenauld, 26B Bellside Road, Cleland, MLI 5NP received 13th August 2004. Letter from Anne Bowman, 13 Wilsgait Street, Cleland received 13th August 2004. Letter from Kevan McKendirck, 109 Gorsehall Street, Cleland received 13th August 2004. Letter from Ray Wilson, 111 Gorsehall Street, Cleland received 13th August 2004. Letter from Catherine O'Kane, 26 Nith Path, Cleland received 13th August 2004. Letter from Janet Brennan, 25 Nith Path, Cleland received 13th August 2004. Letter from Alice Boyle, 20 Nith Path, Cleland received 13th August 2004. Letter from T.McGhee, 19 Nith Path, Cleland received 13th August 2004. Letter from Owner/Occupier, 16 Nith Path, Cleland received 13th August 2004. Letter from Sarah Delaney & John Delaney, 9 Lithgow Drive, Cleland received 13th August 2004. Letter from W .Watson & R. Watson, 1 1 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 4 Lithgow Drive, Cleland received 13th August 2004. Letter from David McFeely, 28 Northmuir Drive, Cambusnethan, Wishaw, ML2 8NR received 13th August 2004. Letter from Owner/Occupier, 75 Logans Road, Motherwell, MLI 3NZ received 13th August 2004. Letter from Owner/Occupier, 50 Southfield Avenue, Shotts, ML7 5LS received 13th August 2004. Letter from Stephen Boyle, 33 Northwood Drive, Newmains received 13th August 2004. Letter from Helen Currie, 41 Lithgow Drive, Cleland, MLI 5RB received 13th August 2004. Letter from lsabel Hendrie, 39 Lithgow Drive, Cleland received 13th August 2004. Letter from Linda Boyle, 33 Northwood Drive, Newmains, ML2 9NY received 13th August 2004. Letter from Owner/Occupier, 21 Lithgow Drive, Cleland received 13th August 2004. Letter from M.Salnon, 23 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 61 Lithgow Drive, Cleland received 13th August 2004. Letter from Marshall Hendrie, 39 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 63 Lithgow Drive, Cleland received 13th August 2004. Letter from Margaret McFarlane & James McFarlane, 91 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 85 Lithgow Drive, Cleland received 13th August 2004. Letter from Ellen Campbell & Lorraine Campbell, 77 Lithgow Drive, Cleland received 13th August 2004. Letter from John Currie & Ann Currie, 71 Lithgow Drive, Cleland received 13th August 2004. Letter from Jean McBurnie, 69 Lithgow Drive, Cleland, MLI 5RD received 13th August 2004. Letter from Carol Duffy, 67 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 59 Lithgow Drive, Cleland received 13th August 2004. Letter from J.Campbell & Margaret Campbell, 43 Lithgow Drive, Cleland received 13th August 2004. Letter from Mary Todd, 45 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 30 Redbridge Court, Coatbridge received 13th August 2004. Letter from Siobhan Gracie, 47 Lithgow Drive, Cleland received 13th August 2004. Letter from Marie Collins & Mrs May Collins, 49 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 55 Lithgow Drive, Cleland, MLI 5RD received 13th August 2004. Letter from Owner/Occupier, 53 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 29 Lithgow Drive, Cleland received 13th August 2004. Letter from R.Doris, 31 Lithgow Drive, Cleland received 13th August 2004. Letter from Mrs K Miller, 122 Chapel Street, Cleland received 13th August 2004. Letter from Mrs J Miller, 122 Chapel Street, Cleland received 13th August 2004. Letter from John Bell, 56 Biggar Road, Cleland received 13th August 2004. Letter from E Bell, 56 Biggar Road, Cleland received 13th August 2004. Letter from Robert Bell, 56 Biggar Road, Cleland received 13th August 2004. Letter from Cecilia Cairns, 2 Wishaw High Road, Cleland, MLI 5QS received 13th August 2004. Letter from C.L.Connachie, 25 Carey Gardens, Cleland received 13th August 2004. Letter from Allison Mitchell, 1 Crossgates Avenue, Cleland, ML1 5PU received 13th August 2004. Letter from Anne Gallacher, C/o Cleland Library, Main Street, Cleland, ML1 5QW received 13th August 2004. Letter from lsabella McGowan, 52 Scarhill Street, Cleland, MLI 5QE received 13th August 2004. Letter from Tommy Dolan, 116 Chapel Street, Cleland, MLI 5QZ received 13th August 2004. Letter from Elizabeth Dolan, 116 Chapel Street, Cleland, MLI 5QZ received 13th August 2004. Letter from A.Kennedy, 3 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 9 Fir Place, Cleland received 13th August 2004. Letter from James McCowan, 52 Chapel Street, Cleland received 13th August 2004. Letter from J.Scott, 1 1 Baird Place, ML2 8PH received 13th August 2004. Letter from J.Jeffrey, 100 Omoa Road, Cleland received 13th August 2004. Letter from G.M.Farrell, 27 Glen Noble, Cleland, MLI 5FB received 13th August 2004. Letter from M.Farrell, 27 Glen Noble, Cleland, MLI 5FB received 13th August 2004. Letter from Carol Ann Taylor, 26 Glen Noble, Cleland received 13th August 2004. Letter from Owner/Occupier, 26 Glen Noble, Cleland received 13th August 2004. Letter from James Blair, 15 Omoa Road, Cleland received 13th August 2004. Letter from P.Murphy, Kellys Bar, Main Street, Cleland received 13th August 2004. Letter from Michael McCarron, 16 Gorsehall Street, Cleland received 13th August 2004. Letter from John Hughes, 7 Gowkhall Avenue, Newarthill received 13th August 2004. Letter from M.Bradley, 29 Glendeveron Way, Carfin received 13th August 2004. Letter from Owner/Occupier, 7 Carrick Vale, Cleland, MLI 5RP received 13th August 2004. Letter from Owner/Occupier, 95 Biggar Road, Cleland received 13th August 2004. Letter from Owner/Occupier, 9 Carrick Vale, Cleland received 13th August 2004. Letter from Barbara Taylor, 9 Wishaw High Road, Cleland, MLI 5QS received 13th August 2004. Letter from C.Moore, 4 Logan Gardens, Cleland received 13th August 2004. Letter from Mrs M.McFarlane, 1 Wishaw High Road, Cleland received 13th August 2004. Letter from Owner/Occupier, 1 Logan Gardens, Cleland, MLI 5RN received 13th August 2004. Letter from Owner/Occupier, 2 Logan Gardens, Cleland, ML1 5RN received 13th August 2004. Letter from R.Ferguson, 4 Sunnyside Road, Cleland received 13th August 2004. Letter from Joan Harvey, 2A Logan Gardens, Cleland, MLI 5RN received 13th August 2004. Letter from Owner/Occupier, 14 Wishaw High Road, Cleland, MLI 5QS received 13th August 2004. Letter from Owner/Occupier, 2 Grey Street, Cleland received 13th August 2004. Letter from M.McConnachie, 20 Omoa Road, Cleland, ML1 5RQ received 13th August 2004. Letter from Jane Ryan, 14 Gray Street, Cleland, MLI 5RL received 13th August 2004. Letter from Annie Delaney, 4 Gray Street, Cleland received 13th August 2004. Letter from Owner/Occupier, 31 Chapel Street, Cleland received 13th August 2004. Letter from Thomas Mooty, 37 Chapel Street, Cleland received 13th August 2004. Letter from Owner/Occupier, 98 Chapel Street, Cleland received 13th August 2004. Letter from Edward Brennan, 18 Nith Path, Cleland, ML1 5PG received 13th August 2004. Letter from George O'Kane, 47 Chapel Street, Cleland, ML1 5QX received 13th August 2004. Letter from Roddy O'Connor, 43 Chapel Street, Cleland received 13th August 2004. Letter from Brian McKay, 29 Fraser Street, Cleland received 13th August 2004. Letter from Owner/Occupier, 14 Mennock Street, Cleland received 13th August 2004. Letter from Patrick Dunney, 31 Chapel Street, Cleland received 13th August 2004. Letter from Michael Dunney, 31 Chapel Street, Cleland received 13th August 2004. Letter from Pat Mooty, 13 Tinto Way, Cleland received 13th August 2004. Letter from Owner/Occupier, 24 Bellside Road, Cleland received 13th August 2004. Letter from Owner/Occupier, 25 Nith Path, Cleland, MLI 5PG received 13th August 2004. Letter from June Devine, 8 Carrick Vale, Cleland, ML1 5RP received 13th August 2004. Letter from Hannah O'Keane, 19 Aberlady Street, Cleland received 13th August 2004. Letter from M.Donnely, 17 Aberlady Street, Cleland received 13th August 2004. Letter from Sarah Brennan, 15 Aberlady Street, Cleland received 13th August 2004. Letter from Henry Murray, 14 Aberlady Street, Cleland received 13th August 2004. Letter from Owner/Occupier, 13 Aberlady Street, Cleland received 13th August 2004. Letter from J.Rindell, 12 Aberlady Street, Cleland received 13th August 2004. Letter from Catherine McKenna, 11 Aberlady Street, Cleland received 13th August 2004. Letter from Patrick McDonagh, 10 Aberlady Street, Cleland received 13th August 2004. Letter from Bernard Smith, 9 Aberlady Street, Cleland received 13th August 2004. Letter from Francis Tam bourini, 8 Aberlady Street, Cleland received 13th August 2004. Letter from Mrs Maureen Bradley, 7 Aberlady Street, Cleland received 13th August 2004. Letter from J.Quigley, 5 Aberlady Street, Cleland received 13th August 2004. Letter from M.Miller, 3 Aberlady Street, Cleland received 13th August 2004. Letter from Jean Kane, 1 Aberlady Street, Cleland received 13th August 2004. Letter from Louise Casey, 2 Huntly Quadrant, Wishaw received 13th August 2004. Letter from Owner/Occupier, 3 Logan Gardens, Cleland received 13th August 2004. Letter from Owner/Occupier, 4 Wilsgait Street, Cleland received 13th August 2004. Letter from Owner/Occupier, 11 Wishaw High Road, Cleland, MLI 5QS received 13th August 2004. Letter from Elizabeth Page, 3 Wishaw High Road, Cleland received 13th August 2004. Letter from Owner/Occupier, 16 Gorsehall Street, Cleland, MLI 5PZ received 13th August 2004. Letter from Owner/Occupier, 9 Lithgow Drive, Cleland received 13th August 2004. Letter from Owner/Occupier, 8 Fir Place, Cleland received 13th August 2004. Letter from Owner/Occupier, 6 Omoa Road, Cleland received 13th August 2004. Letter from Francis McKay, 45 Chapel Street, Cleland received 13th August 2004. Letter from Dominic Duffy, 37 Glen Noble, Cleland received 13th August 2004. Letter from Jean Dunn, 27 Chapel Street, Cleland received 13th August 2004. Letter from Joseph Coyle, 54 Chapel Street, Cleland received 13th August 2004. Letter from William O'Kane, 54 Chapel Street, Cleland received 13th August 2004. Letter from Sarah Coyle, 54 Chapel Street, Cleland received 13th August 2004. Letter from Kevin Delaney, 39 Chapel Street, Cleland received 13th August 2004. Letter from Jaquie McLanaghan, 21 Chapel Street, Cleland received 13th August 2004. Letter from Owner/Occupier, 45 Chapel Street, Cleland received 13th August 2004. Letter from OwnerlOccupier, 30 Omoa Road, Cleland, MLI 5RQ received 13th August 2004. Letter from T.Mooty, 37 Chapel Street, Cleland received 13th August 2004. Letter from Agnes McKay, 45 Chapel Street, Cleland received 13th August 2004. Letter from Catherine Rusell, 50 Chapel Street, Cleland received 13th August 2004. Letter from Mary Walker, 29 Chapel Street, Cleland received 13th August 2004. Letter from Mr Mooty, 37 Chapel Street, Cleland received 13th August 2004. Letter from Mary McGuinness, 56 Chapel Street, Cleland received 13th August 2004. Letter from Terri McGuinness, 56 Chapel Street, Cleland received 13th August 2004. Letter from Thomas McGuinness, 56 Chapel Street, Cleland received 13th August 2004. Letter from Colette McKay, 45 Chapel Street, Cleland received 13th August 2004. Letter from James Dunn, 1 Hazel Path, Cleland received 13th August 2004. Letter from M.Harvey, 7 Bellside Road, Cleland received 13th August 2004. Letter from Grace Reid, 24A Bellside Road, Cleland received 13th August 2004. Letter from Margot Pearson, 9 Bellside Road, Cleland received 13th August 2004. Letter from Anne Marie Daly, 12 Gray Street, Cleland, MLI 5RL received 13th August 2004. Letter from Owner/Occupier, 7 Carrick Vale, Cleland, MLI 5RP received 13th August 2004. Letter from J.McLaughlin, 6 Bellside Road, Cleland received 13th August 2004. Letter from Rosena Stewart, 6 Bellside Road, Cleland received 17th August 2004. Letter from Mrs Ann Ross, 12 Bellside Road, Cleland, MLI 5NP received 13th August 2004. Letter from Helen Caldwell, 9A Bellside Road, Cleland received 13th August 2004. Letter from Ellen Meldrum, 2 Bellside Road, Cleland, MLI 5NP received 13th August 2004. Letter from Jennifer Muir, 4 Bellside Road, Cleland , MLI 5NP received 13th August 2004. Letter from Owner/Occupier, Station House, Bellside Road, Cleland, MLI 5NP received 13th August 2004. Letter from Helen Lowdon, 3 Bellside Road, Cleland, MLI 5NP received 13th August 2004. Letter from OwnerlOccupier, 9 Bellside Road, Cleland received 13th August 2004. Letter from D Meldrum, 2 Bellside Road, Cleland, MLI 5NP received 13th August 2004. Letter from S Stewart, 6 Bellside Road, Cleland, Lanarkshire received 13th August 2004. Letter from M A Dunn, 9 Swinstie View, Cleland, Lanarkshire received 13th August 2004. Letter from E Deremiens, 1 Carrick Vale, Cleland, Lanarkshire received 13th August 2004. Letter from H M Law, 5 Swinstie View, Cleland, MLI 5QQ received 13th August 2004. Letter from H Duncan, 107 Chapel Street, Cleland, Lanarkshire received 13th August 2004. Letter from Owner/Occupier, 27 Chapel Street, Cleland, Lanarkshire received 13th August 2004. Letter from Owner/Occupier, 1 Murmaillen Avenue, Cleland, Lanarkshire received 13th August 2004. Letter from A Cairns, 14 Swinstie View, Cleland, MLI 5QQ received 13th August 2004. Letter from M McConnachie, 11 Swinstie View, Cleland, MLI 5QQ received 13th August 2004. Letter from M Deremiens, 2 Carrick Vale, Cleland, MLI 5RP received 13th August 2004. Letter from D Baxter, R Baxter & Son, Main Street, Cleland received 13th August 2004. Letter from J Gibson, 25 Auchinlea Drive, Cleland, MLI 5QH received 13th August 2004. Letter from J Doyle, 35 Auchinlea Drive, Cleland, MLI 5QH received 13th August 2004. Letter from E McElwee, 22B Bellside Road, Cleland, MLI 5NP received 13th August 2004. Letter from J Paton, 33 Auchinlea Drive, Cleland, MLI 5QH received 13th August 2004. Letter from Owner/Occupier, 13 Auchinlea Drive, Cleland, MLI 5QJ received 13th August 2004. Letter from Owner/Occupier, 10 Swinstie View, Cleland, MLI 5QQ received 13th August 2004. Letter from Owner/Occupier, 12 Swinstie View, Cleland, MLI 5QQ received 13th August 2004. Letter from Mark Cairns, 15 Lithgow Drive, Cleland, MLI 5RB received 13th August 2004. Letter from D Donelly, 13 Lithgow Drive, Cleland, MLI 5RB received 13th August 2004. Letter from A Purcell, 138A Omoa Road, Cleland, MLI 5RE received 13th August 2004. Letter from Owner/Occupier, 20 Mennock Street, Cleland, MLI 5PQ received 13th August 2004. Letter from Owner/Occupier, 7 Swinstie View, Cleland, MLI 5QQ received 13th August 2004. Letter from G Dorman, 66 Biggar Road, Cleland, MLI 5PL received 16th August 2004. Letter from F Dorman, 66 Biggar Road, Cleland, MLI 5PL received 16th August 2004. Letter from A M Dorman, 66 Biggar Road, Cleland, MLI 5PL received 16th August 2004. Letter from C Dorman, 66 Biggar Road, Cleland, MLI 5PL received 16th August 2004. Letter from C Hughes,Quick Bite, 6A Main Street, Cleland, MLI 5QN received 16th August 2004. Letter from C Watson, 24 Knowenoble Street, Cleland, MLI 5PR received 16th August 2004. Letter from Owner/Occupier, 5 Nith Path, Cleland, MLI 5PG received 16th August 2004. Letter from Manager, Cleland Pharmacy, Unit 8, Main Street, Cleland received 16th August 2004. Letter from Owner/Occupier, 10 Glen lsla Quadrant, Cleland, Lanarkshire received 16th August 2004. Letter from Owner/Occupier, 16 Wishaw Low Road, Cleland, MLI 5QU received 16th August 2004. Letter from E Welsh, 21 Park Street, Cleland, MLI 5PP received 16th August 2004. Letter from P & M Connelly, Swinstie View, Cleland received 16th August 2004. Letter from G Tweedle, 25 Carlisle Road, Bellside, MLI 5NX received 16th August 2004. Letter from T Tweedle, 25 Carlisle Road, Bellside, MLI 5NX received 16th August 2004. Letter from J P King, 75 Lithgow Drive, Cleland, MLI 5RD received 16th August 2004. Letter from B Jack, 43 Carey Gardens, Cleland, MLI 5RS received 16th August 2004. Letter from Owner/Occupier, 3 Fraser Street, Cleland, MLI 5PW received 16th August 2004. Letter from D McAteer, 76 Chapel Street, Cleland, MLI 5QZ received 16th August 2004. Letter from M Donnachie, 224 Biggar Road, Newarthill, MLI 5SX received 16th August 2004. Letter from Owner/Occupier, 18 Glen Noble, Cleland, MLI 5FB received 16th August 2004. Letter from B O'Donnell, 1 Glenorchy Road, Cleland, MLI 5SA received 16th August 2004. Letter from A McCluny, 62 Omoa Road, Cleland, MLI 5RQ received 16th August 2004. Letter from J Blair, 15 Omoa Road, Cleland, MLI 5RQ received 16th August 2004. Letter from D Scott, 11 Knowenoble Street, Cleland, MLI 5PR received 16th August 2004. Letter from J Armstrong, 88 Biggar Road, Cleland, MLI 5PL received 16th August 2004. Letter from C Welsh, 15 Gorsehall Street, Cleland, MLI 5PZ received 16th August 2004. Letter from Owner/Occupier, 17 Auchinlea Drive, Cleland, MLI 5QJ received 16th August 2004. Letter from H Howies, 4 Langbyres Road, Cleland, MLI 5NS received 16th August 2004. Letter from A Scott, 120 Chapel Street, Cleland, MLI 5QZ received 16th August 2004. Letter from Mr & Mrs Nelson, 60 Omoa Road, Cleland, MLI 5RQ received 16th August 2004. Letter from M Muldownie, 40 Omoa Road, Cleland, MLI 5RQ received 16th August 2004. Letter from E Mooty, 147D High Street, Newarthill, MLI 5JH received 16th August 2004. Letter from J McKenna, 20 Carrick Vale, Cleland, MLI 5RP received 16th August 2004. Letter from C A Taylor, 26 Glen Noble, Cleland, MLI 5FB received 16th August 2004. Letter from Karen Whitefield MSP,Constituency Office, 3 Sandvale Place, Shotts, ML7 5EF received 19th August 2004. Letter from Councillor James Martin J.P., Vice Chairman Licensing Board,PO Box 14, Civic Centre, Motherwell, MLI ITW received 23rd August 2004. Letter from Mr And Mrs J Moore, 8 Logan Gardens, Cleland, MLI 5RN received 23rd August 2004. Letter from Mr And Mrs J Kane, 75 Main Street, Cleland, MLI 5QR received 23rd August 2004. Letter from Mrs W Martin, 89 Lithgow Drive, Cleland, MLI 5RD received 19th August 2004. Letter from Anne Dunnery, 31 Chapel Street, Cleland, MLI 5QX received 19th August 2004. Letter from Anne Daly, 31 Carey Gardens, Cleland received 31st August 2004. Letter from Helen Hattie, 56 Gorsehall Street, Cleland received 31st August 2004. Letter from A Smith, 6 Dickson Square, Cleland received 31st August 2004. Letter from E Smith, 6 Dickson Square, Cleland received 31st August 2004. Letter from Owner/Occupier, 2 Dickson Square, Cleland, MLI 5RH received 31st August 2004. Letter from Alan Henchy, 14 Knowenoble Street, Cleland received 31st August 2004. Letter from Bernard Leslie, 10 Fir Place, Cleland, MLI 5RF received 31st August 2004. Letter from Margaret Leslie, 10 Fir Place, Cleland, MLI 5RF received 31st August 2004. Letter from Carol Ann Taylor, 26 Glen Noble, Cleland received 31st August 2004. Letter from John Anderson, 72 Chapel Street, Cleland, MLI 5QZ received 31st August 2004. Letter from M McCafferty, 68 Chapel Street, Cleland received 31st August 2004. Letter from Margaret Collins, 60 Chapel Street, Cleland received 31st August 2004. Letter from Theresa Hendry, 14 Knowenoble Street, Cleland received 31st August 2004. Letter from Owner/Occupier, 70 Chapel Street, Cleland received 31st August 2004. Letter from James Mooty, 98 Chapel Street, Cleland received 31st August 2004. Letter from K & J Cameron, 90 Chapel Street, Cleland received 31st August 2004. Letter from A McAteer, 76 Chapel Street, Cleland received 31st August 2004. Letter from Donna Marie Douglas, 74 Chapel Street, Cleland, MLI 5QZ received 31st August 2004. Letter from OwnerlOccupier, 107 Chapel Street, Cleland received 31st August 2004. Letter from Owner/Occupier, 1 16A Omoa Road, Cleland received 31st August 2004. Letter from Liz Edment, 62 Chapel Street, Cleland received 31st August 2004. Letter from Owner/Occupier, 58 Chapel Street, Cleland received 31st August 2004. Letter from Owner/Occupier, 89 Chapel Street, Cleland, MLI 5GZ received 31st August 2004. Letter from Margaret Wallace, 65 Chapel Street, Cleland received 31st August 2004. Letter from E Collins, 87 Chapel Street, Cleland received 31st August 2004. Letter from K Morrison, 59 Chapel Street, Cleland received 31 st August 2004. Letter from Owner/Occupier, 70 Chapel Street, Cleland received 31st August 2004. Letter from Amanda Wallace, 65 Chapel Street, Cleland received 31st August 2004. Letter from Owner/Occupier, 101 Chapel Street, Cleland received 31st August 2004. Letter from J Tannahill, 85 Chapel Street, Cleland received 31st August 2004. Letter from Brenden Delaney, 99 Chapel Street, Cleland, MLI 5QZ received 31st August 2004. Letter from Caron Egan, 6 Gibb Street, Cleland received 31st August 2004. Letter from John McAualy, 10 Gray Street, Cleland, Motherwell, MLI 5RL received 31st August 2004. Letter from Catherine Daly, 31 Carey Gardens, Cleland received 31st August 2004. Letter from Diane Tweedie, 50 Gorsehall Street, Cleland received 31st August 2004. Letter from M Hare, 3 Dickson Square, Cleland received 31st August 2004. Letter from M Maxwell, 2 Dickson Square, Cleland received 31st August 2004. Letter from C Millan, 4 Ligthgow Drive, Cleland received 31 st August 2004. Letter from E King, 8 Dickson Square, Cleland received 31 st August 2004.

National Planning Policy Guidance 19 Radio Telecommunications, July 2000 Planning Advice Note 3 Radio Communications, July 2001 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Murray Reid at 01698 302102. APPLICATION NO. S/04/01395/FUL

REPORT

1. Description of Site and Proposal

1 .I This application seeks consent for a 20 metre telecommunications mast and associated equipment at the telephone exchange, Gray Street, Cleland. The application site is situated in a predominantly residential area, with a park and children’s play area located immediately adjacent to the north and small area of vacant ground located immediately to the south and west. The site is within close proximity of housing to the south/west and south/east. The nearest residential property is approximately 20 square metres from the application site. The telephone exchange building has an existing telecommunications installation on the rooftop and is a single storey, brick and corrugated iron development, set in a compound surrounding by a palisade fence with an open gate.

1.2 The proposal consists of the installation of a 20 metre monopole, accommodating 3 No antennas and 3 No transmission links. The proposal also involves the installation of 2 No ground based equipment cabinets, 1No meter cabinet and ancillary ground based equipment within the telephone exchange boundary. The proposed compound will be surrounded by a 2.1 metre high palisade fence, with some additional paving slabs to form an access from the existing tarmac area. The applicant has also provided details of alternative site searches, the necessary ICNIRP declaration confirming that the proposal is within public health standards and have stated that the proposed mast can obtain a significantly wider coverage at the proposed height than if the mast height was reduced.

2. Development Plan

2.1 The site is zoned as an ‘Established Community Facility’ in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) to which Policy CS2 applies. This policy seeks to protect Established Community Facilities. Policy CS6 (Telecommunications Development) is also applicable. That policy indicates that the Council will adopt a precautionary approach to new telecommunications developments and will seek to locate them primarily in industrial and commercial areas which are not densely populated or contain sensitive uses such as residential areas, schools, nurseries or hospitals.

2.2 The policy also states that applicants should provide evidence that they have done an alternative site search, demonstrate how the proposal fits into the wider network and make an ICNIRP declaration, which states that the proposal is within acceptable safety limits in terms of non-ionising radiation.

3. Consultations and Representations

3.1 My Community Services Department have commented that there may be a unnecessary public health risk in allowing the siting of the mast so close to children’s swings in the playground (given the recent publicity regarding health risks to children caused by radiation from these masts.) The height of the proposed telecom mast greatly exceeds the height of the surrounding buildings. The fact that the mast is a monopole style does reduce its visual intrusion however if the installation is to proceed then it would be preferable to restrict the height to 16 metres.

3.2 My Education Department have commented that they have concerns regarding the installation of a radio telephone communication antenna in the vicinity of schools. The perception of the school community, however uninformed, is that these installations may represent a danger. This view might well affect parental decisions as to the appropriateness of schools when parents are deciding on which school their child might attend.

3.3 My Transportation Section and Ofcom have no objections to the proposal.

3.4 The Local member has objected to the proposal and his relevant comments are included in the next paragraph.

3.5 302 letters of representation, including from the MSP and Local Member have been received in connection with the proposal. The objections can be summarised as follows:

1. Concerns over public health; 0 Close proximity to residential properties with proposed mast being only a few metres from the houses in Gray Street, Aberlady Street and Omoa Road where the mast would be clearly visible from the majority of housedgardens. 0 The proposed installation is within 150 metres of Cleland Primary School and playground in one direction and just slightly further in the other direction lies St. Mary’s School and playground. This is extremely pertinent as current scientific investigations cannot give an unequivocal guarantee that there are no adverse health risks involved. 0 Close proximity to play area and public park that are used by school children and football teams.

2. Visual amenity - detrimental impact on the environment as the proposal would be clearly visible from all areas of the public park and given the proposed size it would be out of place.

3. The proposal will have a detrimental impact on value of owner occupied homes in Gray Street and Aberlady Street.

4. Consideration should be given to the fact that masts are already in place in Carfin Road and Alderside Road. The granting of the planning application would result in there being three masts within a half mile distance. Consideration should be given to share existing facilities rather than adding new installations. There is a feeling in the village that enough is enough with existing masts and landfill sites.

5. The existing telephone exchange and lock-up garages are already the source of anti-social behaviour by groups of young people and an added attraction would exacerbate the situation.

6. The Stewart Report states that on sensitive sites a precautionary approach should be taken before planning consent is granted.

7. Residents rights under Article 8 (1) of the European Convection for Human Rights.

One letter requested that committee members arrange a site visit to establish for themselves the location of the proposed mast.

4. PLANNING ASSESSMENT AND CONCLUSIONS

4.1 This application must be assessed against the relevant development plan policies, Policy CS6 (Telecommunication Developments) and CS2 (Established Community Facilities) and government policy set out in NPPG 19 Radio Telecommunications.

4.2 Policy CS6 indicates that the Council will adopt a precautionary approach to telecommunications proposals and will seek to locate them primarily in industrial and commercial areas. Proposals will be rigorously assessed in light of their effects on the surrounding area, its inhabitants and in the light of operational requirements of the network. It states the Council will encourage mast and site sharing where this represents the best environment solution. Finally, Policy CS6 states that when determining telecommunications applications, the Council will consider:

a) the nature of the locality and proximity to sensitive uses such as housing and schools; b) design and visual impact issues, c) the extent to which more suitable alternative sites exits; and d) scope to share existing facilities.

4.3 With regard to the location and proximity to sensitive uses, it is considered that the proposed development is contrary to Policy CS6 because of its visual impact on the adjacent residential area and the close proximity to other sensitive uses namely primary schools, a park and play area. The development would adversely affect the visual amenity of the nearby residential area and a significant volume of concerns have been raised by residents as detailed in paragraph 3.5 above.

4.4 The applicant has provided information on how the proposal would fit into the existing network, details of the alternative sites that have been investigated and the necessary ICNIRP declaration which proves that the proposal is within international accepted limits in terms of radiation and public safety. The information provided indicates that the existing 15 metre orange mast at Whitecraighead Farm, Cleland was rejected because the site would only provide coverage to the nearby A73 and surrounding area. The existing 12m vodaphone monopole at Cleland Timber would not provide coverage to the western edge at Cleland, including the railway line. The existing Crown Castle site at Branchalburn Farm, Newmains would not provide the required coverage to the north and west of Cleland, including the railwayline. It should be noted that additional information has been submitted stating that a drop in height of the mast would require other installations in order to obtain network coverage, which may lead to a greater number of masts being installed in Cleland and surrounding areas, to allow the masts to connect to the network. It is considered that despite the network issues identified by the applicant, this site is unsuitable because the height of the proposed structure would be visually intrusive in relation to the neighbouring residential properties that are located within close proximity of the site as well as other uses such as primary schools and the adjacent park and play area. The applicant’s supporting statement identifies that the site would be screened by a row of garages between the telephone exchange and the properties on Aberlady Street and trees to the south of the exchange compound. It is considered however that because the height of the proposed mast is 20 metes, there will not be sufficient screening to prevent the proposal from being visually intrusive.

4.5 N.P.P.G 19 states that where the ICNIRP declaration has been carried out, the role of the planning authority shall be to assess such proposals in terms of siting and design and the consideration of options or alternatives. It is considered that the proposal will be visually intrusive, overprominent and will dominate the landscape as discussed above in paragraph 4.3 and 4.4 and is therefore contrary to national policy. In terms of the points of objection the matters of visual amenity and mast sharing have been considered in paragraphs 4.3 and 4.4 above. Concerns over health is an issue covered by other legislation and is not a material planning consideration. In relation to the proposal having an adverse affect on the property value of the area and antisocial behaviour being exacerbated, these are not planning issues therefore can not be taken into account in the assessment of this application. The cumulative impact of this mast combined with others already existing is of relevance in terms of the overall visual impact on the area. However it is considered that this, on its own, would not merit refusal of this application. Similarly the presence of other ‘Bad Neighbour’ developments in and around the villages is not a reason for refusal in this case. This location is not a sensitive site in terms of any statutory or local plan designations. The proximity of the proposal to sensitive users has been considered above. Human Rights issues are not a material planning consideration. 4.6 Having given consideration to the network requirements I am of the opinion that the application site is an inappropriate location for this development due to its very close proximity to housing and other sensitive uses. The development would adversely affect the residential and visual amenity of the area and would, be contrary to policy CS6 of the draft Local plan and the guidance contained in NPPG 19. Consequently, I recommend that permission be refused. Application No: S/04/0147O/FUL

Date Registered: 13th August 2004

Applicant: Vodafone Ltd Vodafone House The Connection Newbury Berkshire

Agent LCC UK Suite 3E Willow House Kestrel View Strathclyde Business Park Bellshill ML4 3PB

Development: Erection of 15m Telecommunications Streetworks Monopole, Cabinets 81Ancillary Development

Location: Site At Bothwellhaugh Road Bellshill

Ward: 25: Orbiston Councillor Richard Lyle JP

Grid Reference: 273382658614

File Reference: SlPLIBI7ll OOlM AT

Site History: NO relevant history

Development Plan: The site lies within an area zoned as Greenbelt within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy CS6 Assessing Applications for Telecommunications Development is also relevant. Contrary to Development Plan: No

Consultations: Railtrack Scotland (No objection) OFCOM (Scotland) (No objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a 15 metre timber effect telephone pole style monopole and associated equipment cabins at Bothwellhaugh Road near Bellshill. The overall height of the monopole and antennae will measure approximately 15.8 metres.

The application site is located at the northern edge of Strathclyde Country Park. The proposed monopole is located on a grass verge at the side of the road over a railway bridge. The monopole is adjacent to a 2.2 metres high palisade fence that separates the Bothwellhaugh Road from the railway line and a mix of mature and semi-mature landscaping surrounds it. PLANNING APPLICATION No. S /04/01470 I FUL RcdUcld* mmwm EW,~-M Hcsdqunem ERECTION OF 15 METRE TELECOMMUNICATIONS 9u"esoI mrnlwwm STREETWORKS MONOPOLE CABINETS AND 2TrynRed UJMBWMULD ANCILLARY DEVELOPMENT RpddbmtkGbl.u9uwvmgprg~th m7m23~1mszro ?AV FU omeem32 A Ih Lrmlllrndk Coredd*dkrM,../. gianma ocran wrbn LAND AT BOTHWELLHAUGH ROAD, BELLSHILL. Lh"bdrdrgm** i*VOl.Cm"WLt c6 LlBnCB U WIL .rd m* Il.dlaDa-rn w *,I mwtm The application site is covered by Greenbelt Policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Telecommunications is an acceptable development in a greenbelt location. The applicant has also complied with the provisions of policy CS6 on Telecommunications Development, in that it is not located adjacent to any sensitive areas or uses and the nearest dwellings are over 300 metres away. The applicant has submitted the necessary ICNIRP certificate confirming that the proposal is within accepted public health standards.

My Transportation Manager has no objection to the application, but has advised that the equipment cabins have a minimum of 0.5 metres clearance from the carriageway. The equipment cabins do clear the carriageway by at least 0.5 metres.

No objections have been received. As the design and siting of the equipment are considered to be acceptable, and as the proposal complies with Local Plan policy it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:.

1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That in the event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

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

3. That the approved monopole shall be erected with a timber effect telegraph pole finish, and the equipment cabins in a dark green painted metal finish, with the proposed details to be submitted to and approved in writing by the Planning Authority before the commencement of development.

Reason: To accord with the terms of the amended proposal and in the interests of visual amenity in this Green Belt location.

Background Papers:

Application form and plans received 13th August 2004 Memo from NLC Transportation Section received 3rdSeptember 2004 Memo from NLC Protective Services received 7th September 2004 Letter from Railtrack Scotland received 1st September 2004 Letter from OFCOM (Scotland) received 8th September 2004 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Mark Thomson at 01698 302128. Application No: S1041015541FUL

Date Registered: 31 st August 2004

Applicant: Garry O'Rouke 31 Catherine Street Motherwell Lanarkshire MLI 2RW

Agent Robert McCallum 3 Racecourse View Furlongs Hamilton ML3 ODS

Development: Erection of Rear Conservatory

Location: 31 Catherine Street Motherwell Lanarkshire MLI 2RW

Ward: 11: Watsonville Councillor Alan Valentine

Grid Reference: 275459.655918.

File Reference:

Site History: Planning permission granted on the 17/10/2002 for the for the erection of a rear extension and the formation of a dormer extension (02/01206/FUL)

Development Plan: The site is covered by residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy HSG13 applies. Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

Planning consent is sought for the erection of a rear conservatory at 31 Catherine Street, Motherwell. The applicant has previously constructed a garage and extension to the rear of the property.

One letter of objection has been received, details of which are contained in the attached report. The objector has requested a Site Visit and Hearing for this application.

It is considered that the application is in accordance with local plan policy, and despite the concerns of the objector, it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started within five years of the date of this permission

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

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

Reason: To safeguard the residential amenity of the area.

That prior to the occupation of the approved development, the conservatory and party wall shall be completed in the facing materials approved under the terms of Condition 2 above.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 8th September 2004

Letters from S Mclnnes, 29 Catherine Street, Motherwell, MLI 2RW received 15th September and 3rd November 2004.

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Any person wishing to inspect these documents should contact Mark Thomson at 01698 302128. APPLICATION NO. S/04/01554/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks permission for the erection of a Conservatory to the rear of 31 Catherine Street, Motherwell. The property in question is a semi-detached Victorian dwelling in an area of properties of similar styles and dates. The applicant is proposing to erect a conservatory measuring 4 metres wide by 4 metres long. The conservatory will have a fire wall along the boundary with the neighbouring property which will be 3 metres high.

1.2 The applicant has previously constructed a garage and an extension to the rear of his property. The garage did not require planning permission as the applicant could construct this using his permitted development rights. The extension did require planning permission. The applicant was previously granted planning permission on the 17/10/2002 for the erection of a rear extension and the formation of a dormer extension (application number 02/01206/FUL). The applicant intends to build the proposed conservatory onto this extension and finish the conservatory in facing brick.

2. Development Plan

2.1 The application site is covered by Policy HSGl3 in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

3. Consultations and Representations

3.1 One letter of objection, from the neighbour property at 29 Catherine Street, Motherwell has been received. The main points of objection can be summarised as follows:

The applicant has yet to finish the previous extension and so the owner of number 29 is currently looking at an unfinished breeze block wall. There are no guarantees that the applicant will finish the exterior of the proposed conservatory and so the objector will have to look at more unfinished buildings; 0 Since being built, the previous extension has significantly reduced the amount of daylight and sunlight reaching the rooms at the rear of number 29. The construction of another building to the rear of this extension will make this worse; 0 The overflow pipe for the extension has not been fitted correctly and consequently every time it rains the patio area of number 29 is flooded.

3.2 The objector has also requested a Site Visit and Hearing for this application.

4. Planning Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The main considerations in assessing this application are (a) whether or not it accords with local plan policy and (b) the impact on the amenity of surrounding properties.

4.2 Policy HSG13 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) outlines the following criteria which should be taken into account when assessing applications for extensions to dwellinghouses: 0 The size, proportion and positioning of the extension; 0 Effect on the provision of private garden ground; 0 Impact within the street scene; 0 Relationship to neighbouring properties, especially the potential effect on privacy and the amount of daylight and sunlight received; 0 Effect on parking provision, access and road safety; 0 The external finish, roof pitch, window size and design details.

4.3 The proposed conservatory is considered to be in accordance with this policy as the size, proportion and positioning of the proposed extension are considered to be acceptable. The applicant has sufficient garden ground within which to accommodate the garage, previously approved extension and the conservatory under consideration. It will not intrude on the existing vehicular access or car parking arrangements. The extension is to the rear of the property and will have no impact on the visual amenity of the street. Most of the neighbouring properties have some form of rear extension.

4.4 Following a visit to the neighbouring property at number 29, it is my opinion that the location of the proposed extension will not significantly reduce the amount of sunlight or daylight entering the garden and rear rooms of this property. The rear gardens of both properties face due south and the gardens are surrounded by mature trees which are the main cause of overshadowing for number 29. Any additional loss of light from the existing extension and proposed conservatory will be minimal and mainly in the later evening. This is not significant enough to recommend refusal of this application.

4.5 The applicant has indicated that the proposed conservatory base and party wall would be finished in a facing brick wall. The adjacent extension was to be finished in roughcast to match the house, however the applicant has not yet undertaken this. This is not a matter that is relevant to the processing of the application under consideration, although I have drawn this matter to the applicant’s attention and will be following this up separately. Planning conditions requiring the approval of sample finishes for the conservatory and its satisfactory completion prior to occupation are recommended.

4.6 In terms of the concerns raised by the objector I would comment further as follows:

0 Whilst the unfinished state of the extension previously approved is regrettable, this situation has no bearing on the processing of the current application. 0 The issue of the reduction of daylight and sunlight to number 29 has been dealt with earlier in this report. 0 Although the overflow pipe on the previous extension may not have been fitted correctly, this is not a material consideration in the determination of the current planning application. I have drawn this matter to the attention of the applicant and to the Building Control Section.

4.7 In conclusion the proposal is in accordance with local plan policy and I do not consider that it will it will erode the amenity of number 29 to such an extent that planning permission should be refused. Therefore, it is recommended that planning permission be granted subject to conditions to ensure that satisfactory facing materials are used. Application No: S/Q4/01561/FUL

Date Registered: 25th August 2004

Applicant: John Harding 455 Stewarton Street Wishaw ML2 8DU

Development: Change of Use of Domestic Garage to Motorcycle Repair Garage (In Retrospect)

Location : 455 Stewarton Street, Wishaw, Lanarkshire, ML2 8DU

Ward: 15: Garrion Councillor John Pentland

Grid Reference: 280517.654206.

File Reference: SIPLIB13111 OFM

Site History: No Relevant History on application site.

Site History for Commercial Property on land south of the application site:

Alterations and Extension to Residential Home to fErm Nursing Home and Clinic at 386 Stewarton Street, Granted 6 July 2004. (Ref: 179/94).

Change of Use of Nursing Home Clinic to Financial Advisory Office, Permitted Development, date unknown.

Development Plan: The site is zoned as an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), to which Policy HSG 8 applies.

Contrary to Development Plan: Yes

Consultations: None

Representations: None Received

Newspaper Advertisement: gth September 2004

Comments:

This application seeks consent for the change of use of a domestic garage to form a motorcycle repair garage in retrospect at 455 Stewarton Street, Wishaw.

The application site is the curtilage of the residential property at 455 Stewarton Street, Wishaw. The garage and driveway, which are used for vehicle repairs, are located at the western boundary of the site that adjoins the recently constructed-flatted development on Stewarton Street, Wishaw. The application site is currently served by two accesses, however it is proposed to use the western access for the commercial activity and the eastern access for the dwellinghouse. There have been no letters of representation received in connection with the application however it is considered that the proposed use of the domestic garage for motorcycle repairs is not an acceptable use within an Established

Residential Area. Therefore for reasons detailed in the attached report I recommend that the application should be refused.

Recommendation: Refuse for the Following Reasons:-

1. That the proposed development is contrary to Policies IND 9 and HSG 8 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) in that the change of use of a domestic garage to form a motorcycle repair garage in this location would be incompatible with the residential setting of the site to the detriment of the amenity of the area and its residents.

Background Papers:

Application form and plans received 25th August 2004

Memo from NLC Head of Protective Services received 14th September 2004 Memo from NLC Transportation Section received 3rdNovember 2004

Letter from Mr John Harding (Applicant) received 2!jth October 2004

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Fraser Miller at 01698 302087. APPLICATION NO. S/04/01561/FUL

REPORT

1. Description of Site and Proposal

1.I The applicant seeks planning permission in retrospect for the change of use of a domestic garage to form a motorcycle repair garage at 455 Stewarton Street, Wishaw. At the north of the site is the domestic garage that has been converted to form a workshop building, 38.5 square metres in size. It is proposed to create a parking bay for a maximum of 10 customer’s motorcycles. The existing secondary access at the east of the application site would be maintained to serve the private dwelling owned by the applicant. The application site is located within a residential area and is bounded to the north by Greenhead Moss, a single storey dwelling to the east, the recently constructed flatted development on Stewarton Street to the west and by a financial advisory office and residential home to the south.

1.2 It should be noted that the financial advisory office that bounds the application site to the south was previously in operation as a clinic in conjunction with the Residential Nursing Home and was categorised as Class 2 in the 1997 Use Class Order (Scotland). A change of use application was not required to change the use of the building to the financial advisory office as it is also categorised as Class 2 in the 1997 Use Class Order (Scotland).

2. Development Plan

2.1 The application raises no strategic issues of a strategic nature and so should be considered in terms of local plan policies.

2.2 In the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), the site is zoned as an Established Housing Area to which policy HSG 8 applies. Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas.

2.3 Policy IND 9 (Assessing Applications for Industrial and Business Development) is a material consideration in the assessment of this application and states that when determining applications for Classes 4, 5 and 6 Industrial and Business developments, the Council will take account of various criteria. Points (I),(5) and (9) are relevant to this application.

(1) whether the proposal is located within an Established Industrial and Business Area (5) suitability to the character of the area in which it is set (9) provisions made for servicing, access, vehicle circulation, manoeuvring and parking

3. Consultations and Representations

3.1 My Transportation Section has no objections to the application subject to conditions regarding access, parking and turning.

3.2 NLC Protective Services have requested a noise survey be undertaken.

3.3 There have been no letters of representation submitted following the press advertisement or the neighbour notification procedures. 4. Planning Assessment and Conclusions

4.1 Development Plan Policies relevant to the assessment of this application are contained within the Southern Area Local Plan. Policies IND 9 (Assessing Applications for Industrial and Business Development) and HSG 8 (Established Housing Areas) are of most relevance. In assessing this particular proposal, it is considered that the relevant determining factors are whether the motorcycle repair garage is acceptable in terms of its location, as well as the impact of the proposal on the character and amenity of adjoining properties, the surrounding environment and the provisions made for vehicular access, parking, the impact on pedestrian and traffic circulation.

4.2 Policy IND 9 specifies matters to be taken into consideration when assessing applications for industrial and business development. These include whether the site is located in an industrial area; if there are deficiencies in the land supply for industry and business; if it involves the re- use of derelict land; economic benefits; the suitability to the character of the area in which it is set; detailed design elements etc. This development relates to a site within an almost exclusively residential area. There is no shortage of sites for industrial and business land in the area. The need to locate at this site is purely for the applicant’s personal convenience. This location is not considered to be a suitable one for the establishment of such a business use. Even though most of the activity would be confined to the applicant‘s garage it is considered that the development would have an adverse impact upon the character of this residential area.

4.3 Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of the Established Housing Areas. There are some developments which, although non- residential in nature are compatible within established housing areas and are required to serve the needs of residents. These include facilities such as local shops and nursing homes. This development is not of such a nature. In terms of the suitability and impact of the proposal on the character and amenity of adjoining properties and surrounding environment, it is acknowledged that although Stewarton Street is a busy location, this development would permit the introduction of an industrial/business use, which is incompatible within a residential setting. It would also lead to an intensification of activity within the application site to the detriment of the amenity and privacy enjoyed by the adjoining properties. With regards to the impact of the proposed development on vehicular access, parking and the proposal’s impact on pedestrian safety and traffic circulation, I would advise that the Transportation Section have no objections to the application, as there are no on-street parking restrictions on Stewarton Street and that customers would be able to park on Stewarton Street. Although each application is considered on its own individual merits the issue of setting a precedent is of relevance as if this application was to be approved it may be difficult to refuse further similarly unsuitable developments within residential areas.

4.4 In conclusion, in light of the above assessment I consider the proposed development to be contrary to policies IND 9 and HSG 8 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) and would therefore recommend that the application be refused. Application No: S/04/01593/FUL

Date Registered: 7th September 2004

Applicant : Moira & Peter Gillespie Clo Agent

Agent Skirling Design Studio 21 South Back Road Biggar MLI2 6AD

Development: Erection of Raised Timber Decking to the Rear of Dwellinghouse (in retrospect)

Location: ( Plot No. 165 ), 9 Snead View, Motherwell, Lanarkshire

Ward: 5: New Stevenston And Carfin Councillor Helen McKenna

Grid Reference: 278364 658194

File Reference: SIPLIBl5I5OlFM

Site History: Erection of a 2/3 Storey Dwellinghouse with Basement permitted 24th April 2003 (S/02/01609/FUL)

Development Plan: The site is covered by residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: No Consultations required

Representations: 3 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks planning permission in retrospect for the erection of timber decking to the rear of 9 Snead View (Plot 165), Dalziel Park, Motherwell.

Three letters of representation have been received in relation to the application following the neighbour notification procedures. One of the letters of representation has requested that the Committee make a site visit prior to the determination of the application. Full details of the representations are detailed in my accompanying report. It is considered that the timber decking constitutes over development of the rear garden ground to the detriment of the privacy and amenity of the adjoining dwellinghouses and for reasons contained in my report it is recommended that planning permission be refused.

Recommendation: Refuse for the Following Reasons:-

1. That the proposal is contrary to Policy HSG 13 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), in that the proposed timber decking by reason of its size and design is detrimental to the amenity and privacy of the adjoining dwellings. I PLANNINGAPPLICATIONNo. S/04/01593/FUL ERECTION OF RAISED TIMBER DECKING TOTHE REAR OF DWELLINGHOUSE ( IN RETROSPECT)

9 SNEAD VIEW, MOTHERWELL

ReDresentations Background Papers:

Application form and plans received 7th September 2004

Letter from Mrs Jane Binnie, 11 Morris Crescent, Dalziel Park, Motherwell, received 10th September 2004. Letter from A UI Haq, 13 Morris Crescent, Motherwell received 28th September 2004. Letter from Ricky Magowan, Colours, 352 Brandon Street, Mothwell, MLI 1XA received 6th September 2004.

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Fraser Miller at 01698 302087 APPLICATION NO. S/04/01593/FUL

REPORT

1. Description of Site and Proposal

1 .I This application seeks retrospective permission for decking that has been erected to the side and rear of the detached dwellinghouse at 9 Snead View (Plot 165) Dalziel Park, Motherwell. The dwellinghouse is located on a sloping site and is 2 storeys in height at the front and 3 storeys in height at the rear. The site is surrounded by dwellings on all sides.

1.2 Planning permission was granted by the Planning and Environment Committee on the 24'h April 2004 for the erection of the dwellinghouse (Planning Reference: S/02/01609/FUL). It should be noted that objections had been made at that stage regarding the impact on the privacy of and daylight at neighbouring properties caused by the house. The consent granted included a small terraced area the full width of the rear of the house varying in width but extending to a maximum of 2.4 metres from the rear of the house.

1.3 The timber decking that has been erected on site projects 4 metres from the rear of the house and extends across the full width of the plot; it wraps around the sides joining at one end with a decked area at the front of the house. In addition a lower deck area has also been erected that extends to the lower western part of the rear garden. The main area of decking is at its maximum 1.2 metres above ground level and the lower deck has a finished floor height of 1.2 metres above ground level. It should be noted that a timber-decked area has also been erected at the front of the dwellinghouse, however as the decking is less than 300 mm in height planning permission is not required for this area. The total floor area of decking that is the subject of this application amounts to approximately 70 square metres all located at the rear of the dwellinghouse.

2. Development Plan

2.1 The application raises no strategic issues and the site lies within an area covered by Policy HSG 8 in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), which seeks to protect the established character of existing housing areas. Policy HSG 13 (House Extensions) sets the criteria that the Council should take into account in determining such applications is also of relevance.

3. Consultations and Representations

3.1 No consultations have been carried out with regards to this application.

3.2 Three letters of representation have been received in relation to this application following the neighbour notification procedures. Their objections are based on the following grounds:

(a) The decking is not in keeping with the approved plans. (b) Loss of privacy and amenity due to the elevated nature of the timber decking allowing overlooking of rear garden ground and rooms at the rear of the adjacent houses. (c) Water run off down the sloping site into the rear garden ground. (d) Safety aspect of the decking in terms of constituting a fire hazard, particularly as a patio heater is used on this area.

3.3 It is pointed out that there are a number of other dwellings on the side of Snead View that back onto Morris Crescent that have erected Timber Decking on a similar size and scale. One of the letters of representation has requested that a site visit be carried out by the Committee prior to the determination of the application.

4. Plannina Assessment and Conclusions

4.1 Due to the sloping nature of the site the timber decking that has been erected sits with a finished floor level of 2 metres higher than the gardens to the rear on Morris Crescent and sits approximately at the same height as the timber screen fence on the rear boundary of the application site.

4.2 In terms of the development plan, Policy HSG 13 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), sets out the criteria for the determination of applications for extensions to dwellings and this is also applicable to Timber Decking. It is considered that Timber Decking forms an extension to the floorspace of the dwellinghouse in that it constitutes development that could have an impact on the privacy and amenity of the adjoining dwellings in the same way that a house extension could. In this respect the size, proportion and positioning of the proposed timber decking are relevant and its relationship to neighbouring properties, especially the potential effects on the privacy and amenity of the adjacent dwellings. Due to the sloping nature of the site the timber decking that has been erected sits with a finished floor level of 2 metres higher than the gardens to the rear on Morris Crescent and sits approximately at the same height as the timber screen fence on the rear boundary of the application site and the finished floor level of the timber decking is 2 metres above the rear garden ground of the dwellings on Snead View. It is sited 6.5 metres from the rear garden and 15.5 metres from the windows on the rear elevation of 11 Morris Crescent. The overall massing of the proposed structure and enclosing effect has a significant and overbearing impact on the properties on Nos. 11 and 13 Morris Crescent and 2 Vardon Lea. This is particularly the case as the decking extends the full width and wraps around the sides of the plot, effectively becoming the useable rear garden ground of No. 9 Snead View further reducing the amenity and privacy experienced by the objectors dwellings. Although the current proposal would not reduce the window to window distance, it is considered that the timber decking, projecting 4 metres from the rear of the dwellinghouse, at a height of 2 metres higher than the garden ground of the dwellings to the rear, reduces the amount of privacy and amenity experienced by these dwellings to an unsatisfactory level. It is considered that the development is not consistent with the aims of Policy HSG 13.

4.3 On the grounds of the objections received the following response is made in connection with the points noted in paragraph 3.2 above: -

(a) The planning system allows for retrospective applications and the fact that the development does not comply with the approved plans is not a reason in itself for refusing permission. (b) The concerns relating to loss of privacy and amenity on the garden ground and on the rear windows of the dwellings to the rear have been considered in paragraph 4.2 above. (c) With regards to water run off from the site this is not relevant to the consideration of this application. However, it has been confirmed that the Building Control Section has approved the drainage system for the original dwellinghouse. (d) The issue of fire safety is a matter that would be considered under the building regulations and it should be noted that a building warrant is required in this case.

4.4 It is considered that the development because of its scale, massing and elevated floor level in close proximity to the rear boundary of the detached dwelling would result in an unacceptable loss of privacy and amenity to opposing residents. Furthermore, the timber decking, by reason of its bulk and design detracts from the appearance of the detached property, forming a structure that is out of scale and out of keeping with the character and appearance of the area generally, resulting in a significant adverse impact on the amenity and privacy enjoyed by the occupants of the adjoining dwellinghouses. In conclusion I consider that the development would not comply with the aims of Policy HSG13 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), and therefore recommend that permission be refused. Application No: S/04/01616IFUL

Date Registered: 8th September 2004

Applicant: Kirkmanse Ltd 23 Lawers Road Mansewood Glasgow G43 1BX

Agent Easdale Lane 10 Wesley Street Castleford West Yorkshire WFIO IAE

Development: Construction of Workshop Building with Ancillary Office Accommodation for Vehicle MOT, Servicing and Hire

Location : Land At Corner Of Howden Avenue Newhouse Industrial Estate Newhouse Motherwell

Ward: 27: Holytown Councillor James Coyle

Grid Reference: 277942 661492

File Reference: S/PL/B/5/66(285)/JD

Site History: S/03/01847/FUL - Change of Use to Trailer Storage and Parking Facility and the Erection of a Fence, granted 5 March 2004.

Development Plan: Zoned as an Established Industrial Area in the Northern Area Local Plan.

Zoned for Industrial and Business Development Opportunities in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: Amey Highways Ltd (comments) Scottish Water (no objection) British Gas Transco (no objection) Scottish Power (no objection)

Representations: 1 Representation Letter

Newspaper Advertisement: 22nd September 2004

Comments:

Planning consent is sought for the construction of a 24 hour operational vehicle hire and MOT/servicing warehouse with ancillary office accommodation for Hill Hire Plc at Howden Avenue, Newhouse Industrial Estate. The site is ideally located for this use due to the proximity of major transport corridors such as the A8/M8 and M73/74 motorways. The site is currently used as a trailer storage facility and is located in a prominent position fronting the A8. Its redevelopment will therefore contribute to the vitality PLANNINGAPPLICATION No. S104/01616/FUL

CONSTRUCTION OF INDUSTRIAL WAREHOUSE WITH ANCILLARY OFFICE CCOMMODATION

LAND AT HOWDEN AVENUE, NEWHOUSE iNDUSTRlAL ESTATE, NEWHOUSE, MOTHERWELL. A brndWhamfk Mrn Surr*m~Lwwlh U. i.'ilmndkCnr*dhrw,.l.* aan OClarn~,@l UlulMUdrQmbuEY4- ldll0"CIDm W'QU * ReDresentations Site Area = 1.37 ha. .d m*Irdt~pa..iularmUPDlllir. of the industrial estate and will assist in securing further inward investment by enhancing the perception of North Lanarkshire as a business location. I find the scale and design of the building acceptable and am satisfied with the access and parking arrangements for the site. Whilst one objection has been received, for the reasons contained in my accompanying report, I hereby recommend that planning consent be granted.

Recommendation: Grant Subject to the Following Conditions:.

1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed. This report should be submitted in both hard copy and electronic format.

Reason: To ensure the suitability of the site for the proposed development.

3. That before the development hereby permitted starts, a report detailing the potential for flood risk resulting from the development shall be submitted to and agreed by the Planning Authority and any measures required to mitigate flooding shall be implemented in accordance with a timescale to be agreed with the Planning Authority.

Reason: To safeguard adjacent proprietors from potential flooding threats.

4. That before development starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

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

5. That there shall be no drainage connections to the Trunk Road drainage system.

Reason: To maintain safety for both the Trunk Road traffic and the traffic moving to and from the development.

6. That no goods should be displayed adjacent to the Trunk Road.

Reason: To maintain safety for both the Trunk Road traffic and the traffic moving to and from the development.

7 I. That a visibility splay of 4.5 metres x 60 metres, measured from the road channel, shall be provided at the junction of Sandyford Avenue with Sandyford Road and before the development hereby permitted is completed or brought into use, everything exceeding 1.05 metres in height above the road channel level including the existing palisade perimeter fence, shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above the road channel level shall be planted, placed, erected, or allowed to grow within these sight line areas.

Reason: In the interests of highway safety.

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

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

9. That 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 details.

10. That before the development hereby permitted is completed, all the fences, or walls, as approved under the terms of condition 9 above, shall be erected.

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

11. That before the development hereby permitted starts, samples of the facing brick to be used on the external walls shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these details in the interest of the visual amenity.

12. That before the development hereby permitted starts, a scheme of landscaping for the areas hatched GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority prior to the commencement of development, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; and (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.

Reason: To enable the Planning Authority to consider these details in the interests of the visual amenity of the site.

13. That within one year of the occupation of the building hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 12 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

14. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to and approved in writing by the Planning Authority, for the continuing care, maintenance and protection of the existing and proposed grassed, planted and landscaped areas hatched GREEN on the approved plans.

Reason: To enable the Planning Authority to consider these details in the interests of the visual amenity of the site.

15. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 14 shall be in operation.

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

Background Papers:

Application form and plans received 3rd September 2004

Letter from Amey Highways Ltd received 28th September 2004 Memo from NLC Transportation Section received 22nd September 2004 Memo from NLC Geotechnical Section received 17th September 2004 Memo from NLC Protective Services received 23rd September 2004 Letter from Scottish Water received 21st September 2004 Letter from British Gas Transco received 22nd September 2004 Letter from Scottish Power received 20th September 2004

Letter from Leaker Direct, Unit 109/110 Block 11, Howden Avenue, Newhouse Industrial Estate, Newhouse, MLI 5Rx received 16th September 2004.

Northern Area Local Plan Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Joanne Delaney at 01698 302137. APPLICATION NO. S/04/01616/FUL

REPORT

APPLICATION NO. S/04/01616/FUL

REPORT

1. Description of Site and Proposal

1.I Planning consent is sought for the construction of a 24 hour operational vehicle hire and MOT/servicing warehouse with ancillary office accommodation for Hill Hire Plc at Howden Avenue, Newhouse Industrial Estate. Due to the expansion of the business, Hill Hire require additional facilities and are seeking to locate in Newhouse due to its proximity to the transport corridors of the A8/M8 and M73/74 motorways. This will allow them to enhance the current services offered to customers throughout central and west Scotland.

1.2 The application site is located on the corner of Howden Avenue with Sandyford Road and is of strategic importance both as a gateway to the industrial estate but also as a frontage to the A8 for attracting inward investment. Careful consideration is therefore required on the scale, design and finishing of any building in this location. Furthermore, this particular area of the estate has not benefited from extensive landscape treatment as a softening mechanism to the industrial building massing, and thus an opportunity exists to enhance the area in this regard.

1.3 The site slopes gently from south to north and comprises a rough whinstone surface with perimeter palisade fencing which provides a secure compound for the trailer storage facility to which the site currently plays host. The site is bounded to the north by the A8 trunk road, to the east by rough scrubland and beyond by the W H Malcolm distribution depot, and to the south and west by 2 storey industrial buildings.

1.4 The applicants propose to construct a building measuring 1470 square metres in floor area which will be arranged on an eastlwest axis to enable easier access/egress of vehicles through the warehouse in light of sloping ground levels. A one-way system for vehicles is to be employed on the site in complement with Howden Avenue which also operates under this regime. Thus vehicles will enter the site from Sandyford Road to the south and exit onto Howden Avenue to the north. With regards to the building, office and amenity accommodation will be provided over 2 floors on the eastern quarter of the building, whilst the remainder will comprise double height bays to enable the MOTkervicing of large articulated HGVs. The existing land pattern dictates that the north and east sides of the site, and in particular the north east corner, are the most visually exposed and prominent to road users on the A8 and users of the industrial estate approaching from the east. The accommodation has therefore been arranged such that the aesthetically pleasing design aspects of the building are presented on these prominent areas whilst the more rudimentary design of the warehouse and associated roller shutter doors are located on less conspicuous areas. In addition, a projecting canopy will be sited on the north east corner and along the eastern side of the building which seeks to further enhance the building in visual terms and convey the strategic importance of the site. Furthermore, the building will be finished in a mixture of facing brick and composite panels. The colour and texture of the facing brick is as yet undetermined, however, the wall panel colours will range from deep to light blue whilst the roof will be greylsilver. These material finishes afford the building a more hi-tech quality appearance which again, assist to reinforce the importance of the site location.

1.5 Finally, additional landscaping will be employed on the site to soften the built form. Due to the size constraints of the site, landscaping will only be provided adjacent to the entrance and exit gates on the north and south boundaries, on the north east corner and along the entire eastern boundary of the site. However, the applicant also owns the land opposite Howden Avenue which stretches northward terminating at the A8 boundary and this land forms part of the application site. There are substantial ground level differences in this location such that the A8 sits approximately 10 ft above the level of Howden Avenue. A condition has been imposed requiring the applicant to provide a landscaping scheme for this area which will assist in screening the northern yard area of the site which will accommodate parked vehicles, but which will also complete the scheme of enhancement features for the site.

2. Development Plan

2.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The adopted Northern Area Local Plan zones the site as an Established Industrial Area. Policy 12 requires that development control decisions should aim to improve the appearance of such areas by ensuring a high standard of design along with the incorporation of landscaping where appropriate.

2.2 The emerging Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) zones the site for Industrial and Business Development Opportunities. Policy IND9 lists the criteria which should be considered when assessing applications for industrial development. Among these are the consideration to be accorded to the character of the area; design elements such as building height, materials and positioning; provisions made for landscaping, screening; and provisions made for servicing, access, vehicle circulation, manoeuvring and parking.

3. Consultations and Representations 3.1 The utility bodies confirmed that they can service the site and raised no objections to the proposals.

3.2 The Trunk Roads Authority raised no objections to the proposal but requested that conditions be imposed on any consent restricting drainage connections to the Trunk Road, and the display of goods adjacent to the Trunk Road. They also requested that suitable screening be provided between the A8 and the site.

3.3 NLC Transportation Section sought clarification on several issues pertaining to parking and sightline requirements for the site. Following the submission of this information, no objections were raised on the proposal.

3.4 NLC Geo-technical Section advised that surface water from the site should be treated in accordance with the principles of the Sustainable Urban Drainage Systems (SUDS) Design Manual for Scotland and Northern Ireland and that a flood risk assessment should be undertaken to establish any potential issues in this regard.

3.5 NLC Protective Services Section advised that a site investigation report should be submitted to confirm the existence of any contaminants.

3.6 One letter of objection was received from the adjacent neighbour. They had no objection to the proposed development itself, but raised concerns over surface water drainage in periods of heavy rainfall which currently cause difficulty and consider that an additional building will only exacerbate the problem. 4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The development is in accordance with the adopted and emerging local plans which zone the site for industrial use, thus, the proposal is acceptable in principle.

4.2 The scale, design and material finish of the building is also considered acceptable, particularly so given that the aesthetically pleasing office accommodation is presented on the visually prominent sides of the site whilst the rudimentary, more practical design of the warehouse is less conspicuous. Additional complementary landscaping will also be provided to ensure that this prominent site contributes to the vitality of the estate and to inward investment given its prominence to the A8 trunk road. Finally, the site affords sufficient parking provision, suitable access arrangements, and allows smooth vehicle circulation and manoeuvring.

4.3 With regard to the objection, conditions have been imposed requiring the applicant to provide details of the proposed surface water drainage for the site and a flood risk assessment along with any required mitigation measures, which if approved, should eliminate the potential for increasing drainage problems in this area.

4.4 The development accords with the local plan policies and will seek to bring a prominent area of land into intensified use, thereby contributing to the vitality of the industrial estate and wider area due to its proximity to the A8 corridor. I therefore recommend that planning consent be granted. Application No: S/04/01631/FUL

Date Registered: 13th September 2004

Applicant: Crown Castle (UK) Ltd Clo Agent

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Development: Erection of 20m High Telecommunications Tower with Associated Equipment

Location: Land At Stable Road, Shotts, Lanarkshire

Ward: 20: Benhar Councillor Charles Cefferty

Grid Reference: 288173 660130

File Reference: SIPLIBFII 71531FM

Site History: No relevant site history (existing equipment erected under the provisions of the General Permitted Development Order)

Development Plan: The site lies within an area zoned as an Established Industrial and Business Area in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Southern Area Local Plan Policies IND8 and CS6 apply.

Contrary to Development Plan: No

Consultations: Director Of Education (No Objections)

Representations: None Received

Newspaper Advertisement: 22nd September 2004

Comments:

This application seeks planning permission for the erection of a 20 metres high lattice telecommunications tower containing 6 No. antennae (3 from the existing mast and 3 new antennae), 2 No. transmission dishes and ancillary equipment with ground level compound in place of the existing 15 metre high telecommunications mast at Stable Road, Shotts. The overall height of the tower and antennae measures 21.5 metres. The applicant Hutchison 3G has submitted the necessary ICNIRP declaration confirming that the proposal is within accepted public health standards.

The site lies at the Industrial area on Stable Road, Shotts to the north of the Davidson's animal feed factory and benefits from the screening and backdrop provided by the existing industrial units. It is proposed to remove the existing 15 metre high monopole that was erected under Permitted Development, upon completion of the proposed mast and the existing access arrangements would be utilised to the site. No letters or representation have been received in relation to the application.

It is considered that the proposal is acceptable in terms of visual impact and the applicant has provided the required ICNIRP declaration relating to public health. It is considered that the proposal follows government planning guidance on radio telecommunications and that it meets the rigorous assessment criteria set out in the Councils Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Policy CS6 in that the site is located within an Industrial area, it is not within close proximity to sensitive areas and uses and it is making use of the existing telecommunications site at Stable Road, Shotts. This application is therefore considered to be acceptable and as such, is recommended for approval subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:.

1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That in the event that the equipment becomes redundant it must be removed and within one month the site reinstated to the satisfaction of the Planning Authority.

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

3. That within one month of the development hereby permitted being completed or brought into use, whichever is the earliest, the existing 15 metre telecommunication mast shall be removed from the site and the land shall be reinstated to the satisfaction of the Planning Authority.

Reason: To ensure the removal of the existing mast and to ensure the reinstatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 9th September 2004

Memo from NLC Director Of Education received 29th September 2004

National Planning Policy Guidance 19 Radio Telecommunications, July 2000 Planning Advice Note PAN3 Radio Telecommunications,July 2001 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these dbcuments should contact Fraser Miller at 01698 302087. Application No: S1041016521FUL

Date Registered: 14th September 2004

Applicant : Mitchells 8, Butlers Retails Ltd Clo Agent

Agent The JTS Partnership F.A.O. - Mr N Davey Number One, The Drive Great Warley Brentwood Essex CM13 3DJ

Development: Conversion of Existing Play Barn Attached to Public House and Erection of New Extension to Form Twenty-Eight Bedroom Ancillary Hotel

Location: Strathclyde Park Inn Strathclyde Park Hamilton Road Motherwell Lanarkshire

Ward: 25: Orbiston Councillor Richard Lyle JP

Grid Reference: 271 542 658431

File Reference: SIPL/BI7/1OO/PW

Site History: Planning Application S/O4/00300/FUL (For the same proposal) Refused gth June 2004, Currently subject of Planning Appeal PPA/320/176 Development Plan: Zoned within the Greenbelt (Policy ENV 6) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Policy L 8 (Strathclyde Country Park) also relevant

Contrary to Development Plan: Yes

Consultations: None (As previously carried out under S/O4/00300/FUL)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the conversion of an existing 'play barn' and erection of a two- storey extension to form a 28 bedroom hotel at The Strathclyde Park Inn, Strathclyde Park, Motherwell. Members will recall that a previous application for the same proposal was refused in June. This revised version now includes an additional 15 dedicated staff parking spaces adjacent to the rear service access. The applicant intends the proposed hotel to be physically attached and ancillary to the existing restaurant/public house. The site lies at the northwestern corner of the park adjacent to both the A725 and M74 at the 'Raith Interchange'. The application site currently forms part of a children's' 'play barn' facility and a grassed recreational area. It is zoned within the Greenbelt in the emerging local plan. Policy L 8 specifically relating to the Country Park is also relevant. This policy seeks to enhance the PLANNING APPLICATION No. S 1 04 101652 1 FUL CONVERSION OF EXISTING PLAY BARN ATTACHED Fxdmdb* mnsw.d ~~m~~nt TO PUBLIC HOUSE, AND ERECTION OF NEW EXTENSION rWh7 %le601H..dqm".n FbmmpMwc TO FORM TWENTYEIGHT BEDROOM ANCILLARY HOTEL ITV* Red WMBWNWU) STRATHCLYDE PARK INN, STRATHCLYDE PARK, RRddhmtn c.d,.T.Ouw*mg~m*lh 0123(1016210m, ,m Fax OltlOO<832 A lbs.ml~a bkCaedkdkrM1.q. SA-* nu ecnmuplriOn HAMILTON ROAD, MOTHERWELL. lh.lklrdrgm*r(on i*m.Iclanrwrwe 05 LDIIC.Lb.OgY,L .d wI..dloPmrYaor*rilp*di~ park in line with Councils adopted Strathclyde Park Development Strategy.

No objections have been received as a result of neighbour notification. However, the Council's Director of Community Services has previously expressed concern over the prominent nature of the proposed building adjacent to the planted buffer with the interchange. Scottish Natural Heritage has also previously expressed concern over the 'urbanisation' of the park inherent in the proposal. However, it is considered that the issue regarding the prominence of the building has been resolved by changes to the proposed design.

Additionally, the existing level of parking provision has been revisited since the determination of the previous identical application. It is now considered that the existing carpark will accommodate both the existing and proposed uses. This application is therefore recommended for approval subject to the application of the appropriate conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

Reason: To ensure that the proposed extension blends harmoniously with the existing building in the interests of visual amenity.

3. That before the development hereby permitted starts, a scheme of tree and shrub planting for the area hatched green on the approved plans shall be submitted to and approved by the Planning Authority.

Reason: In order to provide replacement compensatory planting in the interests of visual amenity.

4. That prior to the occupation of the extension and use hereby permitted, all planting and seeding included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed and any trees, shrubs, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In order to provide replacement compensatory planting in the interests of the visual amenity.

5. Prior to the operation of the hotel hereby permitted, the staff parking spaces within the delivery area shall be clearly marked out to the satisfaction of the Planning Authority.

Reason: In order to provide a separate dedicated staff parking area in the interests of road safety. Background Papers:

Application form and plans received 13th September 2004 Letters from the JTS Partnership (agents for applicant) dated lothof September and 24'h of September 2004. respectively

The Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Paul Williams at 01698 302091. APPLICATION NO. S/04/01652/FUL

REPORT

I. Description of Site and Proposal

1.I This application seeks consent for the erection of an extension and conversion of the existing children's play facility to form a 28 bedroom hotel ancillary to the existing licensed restaurant use. Members may recall that an identical application was refused at Committee on the gthof June 2004. This previous application is currently subject of an appeal which has been 'sisted' by mutual agreement pending the outcome of this resubmitted application.

1.2 The application site lies at the northwestern corner of Strathclyde Country Park and lies adjacent to the Raith Interchange and south-bound slipway from the A725 onto the M74. It consists of the existing internal children's soft play facility and the external grassed play garden where the applicant intends to build the proposed extension.

1.3 The proposed extension is formed over 2 storeys and has a traditional dual pitched roof and elevational detailing to match the existing building. The applicant intends to provide 21 double/family or twin rooms within the proposed extension and 5 double/family rooms and 2 disabled rooms within that part of the building currently taken up with the internal soft play area.

1.4 As previously explained, this application differs from the previous application for the same proposal that was refused Planning Permission in June in that an additional 15 dedicated staff parking spaces have been provided adjacent to the rear service access of the premises.

2. Development Plan

2.1 The site is zoned within the Greenbelt (Policy ENV 6) in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). This policy seeks to safeguard the character and function of the Green Belt by presuming against development which is not directly associated with or required for agriculture, forestry, the generation of power from renewable resources, outdoor leisure and recreation, telecommunications or other appropriate rural uses. Policy TR 13 Assessing the Transport Implications of Development is also relevant in the assessment of the application.

2.2 Policy L 8 also specifically relates to Strathclyde Country Park. It states that the Council will continue to maintain and further enhance facilities within the park consistent with the Park Development Strategy and other relevant policies in the local plan. It further states that the provision of new facilities will require to have particular regard to the following policies :-

0 L 2 Leisure Development 0 ENV 6 Green Belt 0 ENV 13 Biodiversity 0 ENV 14 Nature Conservation Sites (not relevant in this case)

2.3 The Park Development Strategy, which is formally adopted by the Council, seeks to promote outdoor recreation, nature conservation, historical awareness and venue promotion. It does recognise the existing commercial activities present within the park, which occupy less than 2.5% of the total 450 Hectares within the site. The strategy states that significant opportunities for the provision of additional facilities remain in the park provided that they do not adversely affect the essential character and environment of the site. 3. Consultations and Representations

3.1 No objections have been received as a result of the neighbour notification and consultation process.

3.2 The Council's Director of Community Services has previously expressed concern about the visual impact that the proposed extension could have on this part of the park and its relationship to the adjacent interchange and the prominent entrance to the park. Concerns have also been expressed on the impact of the proposal on local biodiversity.

3.3 Furthermore, the Transportation Team Leader of my department has expressed no objections to the proposal in terms of the ability of the existing car park at the premises to accommodate both the existing restaurant and the proposed hotel uses.

4. Planninn Assessment and Conclusions

4.1 It is considered that the principle of the proposed development is acceptable in the context of the existing business and site and in terms of the Park Development Strategy and the other related local plan policies. This is because the application site is self contained and as such, the proposed extension does not take up existing open parkland.

4.2 It is considered that the concerns over the prominence and design of the extension could be met with appropriate amended design. In this regard, the applicant has submitted a revised design which is more in-keeping with the existing building and attempts to resolve these issues. Similarly, concerns over biodiversity could be alleviated by conditioning tree retention and replacement where possible.

4.3 In terms of traffic generation and carparking provision, the proposal has been revisited. After further assessment following on from the previous application, it is considered that the existing carpark, which can accommodate up to 97 cars, will adequately serve both the existing restaurant use and the proposed hotel use. Furthermore, the applicant has submitted an amended layout drawing which shows the proposed provision of an additional 15 informal spaces adjacent to the service entrance for staff carparking. This assessment therefore removes the reason for refusing the previous application.

4.4 It is therefore considered that the proposal is acceptable and as such, this application is recommended for approval subject to the application of the appropriate conditions Application No: SI0410 1744lF U L

Date Registered: 1st October 2004

Applicant: Mr & Mrs R Crone 26 Aultmore Drive Motherwell MLI 4FN

Developmen t : Erection of Two Storey Side Extension to Dwellinghouse

Location: 26 Aultmore Drive Motherwell Lanarkshire

Ward: 5: New Stevenston And Carfin Councillor Helen McKenna

Grid Reference: 276613 658616

File Reference: SIPLIB151561LR

Site History: No relevant site history

Development Plan: The site lies within an area covered by residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This planning application seeks planning permission for the erection of a two-storey side extension to an end-terrace, two-storey dwellinghouse. One letter of representation has been received from a neighbouring property in connection with the proposal, details of which are outlined in my report. Having taken into account all material considerations including the letter of representation, I recommend that consent be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission

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

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

Reason: To ensure that the extension matches the external appearance of the existing ERECTION OF TWO STOREY SIDE EXTENSION TO DWELLINGHOUSE 26 AULTMORE DRIVE, MOTHERWELL * Representation adjoining dwellinghouse.

3. That before the development hereby permitted is started, two off street car parking spaces shall be provided within the site, and thereafter maintained as such, to the satisfaction of the Planning Authority.

Reason: To ensure satisfactory parking facilities within the site.

Background Papers:

Application form and plans received 1st October 2004

Memo from NLC Transportation Section received 28th October 2004

Letter from Mr Brian O'Hare, 2 Oban Way, Carfin, MLI 4QF received 5th October 2004.

Any person wishing to inspect these documents should contact Lorna Ramsey at 01698 302136. APPLICATION NO. S/04/01744/FUL

REPORT

1. Description of Site and Proposal

1.I The application site is an end-terrace dwellinghouse bounded by houses on both sides and to the rear, with a play area to the front.

1.2 The applicant is seeking planning permission for the erection of a two-storey side extension to the dwellinghouse. The extension as proposed will project 3 metres from the side of the house and will be the same height and depth as the existing house. It will be in-line with the front elevation of the original house and the roof will be slightly hipped at the side to match the design of the existing roof. The extension will be finished with facing brick, render and roof tiles to match the existing house.

2. Development Plan

2.1 The application raises no strategic issues and therefore the Development Plan is established through the Local Plan.

2.2 Within the Southern Area Local Plan the site is within an Established Housing Area and is covered by Policy HSG 8 which seeks to protect the established character of the existing housing areas. The extension was assessed using Policy HSG 13 which covers house extensions.

3. Consultations and Representations

3.1 One letter of representation has been received from the occupiers of number 2 Oban Way in relation to this application. The representation is on the following grounds:

“Impact on natural environment (Le. this extension would reduce the sunshine hours to my back garden, patio and kitchen area by approximately 50% of all daylight hours).”

4. Planninn Assessment and Conclusions

4.1 An assessment has been made to determine the effect of the extension upon the property at 2 Oban Way. As the extension is to be located on the gable end of the property, is to be no higher or deeper than the existing house and, will be located at least 11.5 metres away, to the south east of the objector’s property it is considered that any additional impact that the extension may have on sunlight and daylight received by 2 Oban Way will be relatively insignificant. The extension will only have an over-shadowing effect in the morning and this will be restricted to the end of the objector’s garden. The internal rooms at the rear of 2 Oban Way will be unaffected with regard to this.

4.2 On detailed assessment of the application it is considered that the proposed extension is acceptable in terms of its design, scale and materials, and that it is in accordance with Policy HSG 13. Taking into account the points raised in the letter of representation it is recommended that permission be granted subject to the attached conditions. Application No: S1041017621FUL

Date Registered: 6th October 2004

Applicant: Elizabeth Meenagh 58 Neilsland Drive Motherwell MLI 3EB

Agent Davisduncan Architects 20 Royal Crescent Glasgow G3 7SL

Development: Erection of a Two-Storey Semi-Detached Dwellinghouse

Location: 58 Neilsland Drive Motherwell Lanarkshire MLI 3EB

Ward: 1: Ladywell Councillor Michael Ross

Grid Reference: 273755.656818.

File Reference: SIPLIBII 3123lRC

Site History: S1031009041FUL - Erection of Two Storey Detached House approved 27 November 2004.

Development Plan: The site is zoned within an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

It lies in an area Primarily for Residential Use in the Burgh of Motherwell and Wishaw Development Plan 1953

Contrary to Development Plan: No

Consultations: Scottish Water (No objection) British Gas Transco (No objection) Scottish Power (No objection)

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application seeks consent for the erection of a two storey semi-detached dwelling within the side garden ground of 58 Neilsland Drive, Motherwell. Number 58, with the ground floor unit number 56, form the end building on the north side of Neilsland Drive, and to the west of the existing large corner garden lies a path from the end of Ladywell Road, with Strathclyde Park beyond. Planning permission was granted last year for a detached dwelling on a similar site, but which also included (unlike the present application) a strip of Council owned land between the Ladywell Road path and No 58's garden. A single letter of objection has been received to the current application from the occupier of No 56 Neilsand Drive, raising the following points: - PLANNINGAPPLICATIONNO. S/04/01762 lFUL (i) the creation of an additional garden will reduce privacy; (ii) construction of a new attached dwelling will cause increased noise pollution; (iii) there appears no facility for refuse disposal from the upper existing flat (No 58); (iv) the integral garage door is out of keeping with the area; (v) the roof of the existing property is a shared responsibility; and (vi) concern over liability if damage were caused during construction.

I am satisfied, however, that there will be no undue loss of privacy, either from the new house or garden. The garden division is unchanged from the already approved scheme, and a conifer hedge has already been planted along the garden boundary between No 56 and 58. Noise should not be a significant issue for the ground floor flat (No 56) once construction is complete; a hallway giving access to the upper flat and its garden would separate No 56 from the new house, which would also provide a route for refuse disposal. The overall design of the proposed house (including garage) is acceptable and would create a building form from the front, similar to that prevailing in the area. The issues of roof and construction damage responsibility are matters covered by civil law and are not planning matters.

The proposal raises no strategic issues or significant issues in terms of the emerging local plan. Policy HSGI 1 on lnfill Housing Development states that the following issues will be taken into account on such a proposal: impact on a the character and amenity of the area; site dimensions relative to the proposed development and associated garden ground; effect on garden space, privacy and light of surrounding properties; design issues and parking. It is considered that the proposal will not have a significant impact of the amenity of adjacent residential properties or the character of the area. The size of the site is adequate for the proposal, garden and parking standards are met and the design of the proposed house is satisfactory. The proposal does not constitute over-development, as it does not significantly differ from the prevailing density of the area. It is therefore recommended that permission is granted, subject to conditions to control materials and new fencing, and to ensure the provision and maintenance of adequate car parking.

Recommendation: Grant Subject to the Following Conditions:-

That the development hereby permitted shall be started within five years of the date of this permission

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

That before the development hereby permitted 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, in order to safeguard the amenity of adjoining neighbours.

That before the dwellinghouse hereby permitted is occupied, any fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: In the interests of the amenity of the area and to ensure the satisfactory provision of boundary treatment within the development.

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.

Reason: In the interests of the visual amenity of the area and to enable the Planning Authority to consider these aspects in details.

5. That before the development hereby permitted is started, two car parking spaces each a minimum of 6 metres in length and 2.5 metres in width, shall be provided within the curtilage of number 58 Neilsland Drive and retained thereafter as parking spaces for the use of the occupants of 58 Neilsland Drive, and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material.

Reason: To ensure the provision of adequate parking facilities within the site of number 58 Neilsland Drive.

6. That before the development hereby permitted is occupied, one car parking space, a minimum of 6 metres in length and 2.5 metres in width, shall be provided within the curtilage and thereafter be maintained as a parking space, and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material.

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

7. That the integral garage shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the curtilage.

Background Papers:

Application form and plans received 6th and 22nd October 2004

Memo from NLC Transportation Section received 13th October 2004 Letter from Scottish Water received 25th October 2004 Letter from British Gas Transco received 13th October 2004 Letter from Scottish Power received 15th October 2004

Letter from A McAulay, 56 Neilsland Drive, Motherwell, MLI 3EB received 25th October 2004.

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302136.