Our Ref: Your Ref: Contact: Mark Hamill Tel: 01698 302430 Fax: E-Mail: [email protected] Date: 12 Aug 2019
Chief Executive’s Office Members of the Archie Aitken Planning Committee Head of Legal & Democratic
Solutions Civic Centre, Windmillhill Street Motherwell ML1 1AB DX 571701, Motherwell 2 ww w .northlanarkshire.go v .uk
Notice is given that a Meeting of the PLANNING COMMITTEE is to be held within the Council Chamber, Civic Centre, Motherwell on Thursday, 22 August 2019 at 10:00 am which you are requested to attend.
The agenda of business is attached.
Head of Legal and Democratic Solutions
Members : Councillors: L Anderson, S Bonnar, B Burgess, M Coyle, S Coyle, H Curran, T Douglas, S Farooq, F Fotheringham, S Goldsack, A Graham, T Johnston, P Kelly, J Logue, F MacGregor, J McLaren, M McPake, A McVey, H McVey, C Quigley, J Reddin, W Shields, D Stocks, A Stubbs and S Watson.
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AGENDA
(1) Declarations of Interest in terms of the Ethical Standards in Public Life Etc. (Scotland) Act 2000
(2) Planning Applications Index (page 5 - 66) Submit Planning Applications Index (copy herewith)
(3) Planning and Enforcement Appeals Lodged (page 67 - 68) Submit report by Head of Planning and Regeneration advising of two planning appeals recently lodged with the Scottish Ministers (copy herewith)
(4) Notice of Planning and Enforcement Appeals Decisions (page 69 - 70) Submit report by the Head of Planning and Regeneration advising of two recent planning and enforcement appeals decisions (copy herewith)
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Page 4 of 70 AGENDA ITEM 2
North Lanarkshire
Council
Planning Applications for consideration of Planning Sub-Committee
Committee Date: 22-08-2019
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
Page 5 of 70 APPLICATIONS FOR PLANNING COMMITTEE
22nd August 2019
Page Application No Applicant Development/Site Recommendation No
8-26 16/00698/PPP North Residential development (in Grant Lanarkshire principle) with local Council retail/services and ancillary Estates works including access roads, SUDs and landscaping Forest Road Abronhill Cumbernauld
27-33 19/00324/FUL North Early Learning Centre and Grant Lanarkshire associated car parking Council Site To West Of 19 Centre Street Chapelhall Airdrie ML6 8TX
34-41 19/00353/FUL Sanctuary Construction of Flatted Social Grant Homes Housing Development and Associated Infrastructure Site At Burns Road Kildrum Cumbernauld
42-49 19/00375/FUL North Proposed Early Learning Grant Lanarkshire Centre and associated car Council parking. Site At Carbarns Netherton Wishaw
50-56 19/00416/FUL Mr Daniel Erection of two detached Grant Smith dwellinghouses Site To North East Of Macinnes Drive Newarthill Motherwell
Page 6 of 70 57-65 19/00509/FUL North Construction of 7 Dwelling Grant Lanarkshire Houses and 12 Flatted Council Dwellings. Site At Berwick Street Shawhead Coatbridge
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Application No: Proposed Development:
16/00698/PPP Residential development (in principle) with local retail/services and ancillary works including access roads, SUDs and landscaping
Site Address:
Forest Road Abronhill Cumbernauld
Date Registered:
31st March 2016
Applicant: Agent: North Lanarkshire Council Estates Anderson Bell Christie Fleming House 382 Great Western Road 2 Tryst Road Glasgow Cumbernauld UK Scotland G4 9HT G67 1JW
Application Level: Contrary to Development Plan: Major Application No
Ward: Representations: 004 Cumbernauld East 1 letter(s) of representation received. Gillian Fannan, Paddy Hogg, Claire Barclay, Tom Johnston,
Recommendation: Approve subject to conditions
Reasoned Justification
The development is considered to accord with the relevant policies of the Development Plan and associated supplementary planning guidance adopted by the Council. The development would support the aims of developing the wider South Cumbernauld Community Growth Area and in principle it would integrate satisfactorily with the surrounding area and not result in a significant adverse impact on established residential amenity or environmental designations.
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Reproduced by permission of Planning Application: 16/00698/PPP the Ordnance Survey on Name (of applicant): North Lanarkshire behalf of HMSO. © Crown Copyright and database right Council Estates 2009. All rights reserved. Site Address: Forest Road Ordnance Survey Licence Abronhill number 100023396. Cumbernauld North Lanarkshire Development: Residential development (in principle) with local retail/services and ancillary works including access roads, SUDs and landscaping
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Proposed Conditions:-
1. That before development of each phase of works starts, a further planning application for Approval of Matters Specified in Conditions (MSC) shall be submitted to the Planning Authority in respect of the following 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; (g) 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 phasing of the development; (j) the provision of drainage works; (k) the disposal of sewage; (l) details of existing trees, shrubs and hedgerows to be retained; (m) details of existing and proposed site levels; (n) noise attenuation measures.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That unless otherwise agreed in writing with the Planning Authority, and subject to the conditions of this permission, the proposed development shall reflect and take forward the content of the Design and Access Statement, Environmental Statement and Recreational Management Plan. In particular, the development shall be designed to accord with the following:
(a) the maximum number of residential units to be 600 (b) the internal road layout should be in accordance with the principles of 'Designing Streets' as published by the Scottish Government (c) A central Multi Use Games Area to be provided. (d) a footpath network to be provided throughout the site in accordance with the Recreational Management Plan (d) site entrance artwork features to be provided at the new junctions with the Forest Road. (e) entrance features to be provided at each pedestrian access to and from the site (both existing and proposed (f) 0.1 ha site for local retail provision to be safeguarded adjacent to the new western vehicular access as shown on plan Al(0)032. (g) A minimum 15m landscape buffer adjacent to the southern boundary of the site
Reason: To define and ensure delivery of all key aspects of the permission.
3. That before any works start on site a detailed phasing plan shall be submitted which shall be based on the ‘Implementation Strategy: Discussion Paper’ dated March 2016 Appendix 3 indicative phasing plan.
Reason: To provide anticipated timescales for development delivery.
Page 10 of 70 4. That notwithstanding the terms of Condition 1 above, and BEFORE any works start on site an updated Flood Risk Assessment, carried out by an appropriately qualified engineer, shall be submitted with the first application for the approval of Matters Specified in Condition for the written approval of the Planning Authority. For the avoidance of doubt this should relate to the Flood Risk Assessment Carried out by Scott Bennet Associates for the site in May 2013. This updated FRA must include:
Clarification regarding the derivation of the catchment area utilised for greenfield run-off rates; Information regarding the channel slope and Mannings values utilised in the calculation of channel and culvert conveyance capacities; and Further sensitivity analysis to be carried out specifically in relation to roughness values, and a wider range of blockage scenarios. The submission of all proposed culvert and crossing dimensions to demonstrate that they will be designed and installed to convey the 1:200 year design flow of the watercourses / field drains.
Reason: To ensure all matters relating to flood risk are adequately addressed and that it will not give rise to flooding within the application site or increase the flood risk elsewhere.
5. That any flood mitigation works identified in the Flood Risk Assessment, approve terms of Condition 4; shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.
Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding, in the interests of public safety and amenity.
6. That notwithstanding condition 1 above, all layout drawings submitted in terms of future MSC applications shall clearly show the 0.5% AEP Flood Plain Extents. For the avoidance of doubt no built development, land raising or infrastructure should be located within the function floodplain.
Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding in the interests of public safety and amenity and demonstrate compliance with Scottish Planning Policy in this respect.
7. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.
8. That any remediation works identified by the site investigation required in terms of Condition 7; shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
9. That BEFORE any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). For the
Page 11 of 70 avoidance of doubt the SUDS scheme must take conscience of the Flood Risk Assessment together with any mitigation works agreed under the terms of Conditions 4 and 5 above.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future users adjacent to and within the development site respectively.
10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the requirements of condition 9 above.
Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users.
11. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. For the avoidance of doubt the surface water must be treated by the SUDS compliant drainage scheme approved in terms of Condition 9 above.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
12. Notwithstanding the requirements of condition 1 above, a detailed Noise Impact Assessment shall be submitted for each phase of residential development for the written approval of the Planning Authority. Thereafter, any agreed noise mitigation measures shall be implemented contemporaneously with the development.
Reason: To ensure that noise mitigation measures have been implemented in order to protect the residential amenity of residents.
13. Notwithstanding Condition 1 above, each phase of residential development shall be submitted with an updated protected species survey and the details of the findings of the surveys submitted, including any mitigation measures shall be submitted for the written approval of the Planning Authority. For the avoidance of doubt, any mitigation measures shall be implemented in accordance with a timescale to be agreed with the Planning Authority.
Reason: In the interests of the protection of natural habitats and protected species.
14. That the first Approval of Matters Specified by Conditions application shall include full details of the design solutions referred to in the Recreational Management Plan dated June 2016 contained in T.09 of the Environmental Statement (and in particular drawing illus 9: Masterplan proposals) together with a programme of phasing that shall reflect the phasing plan agreed under Condition 3 above. For the avoidance of doubt this shall include full details of the path network to be provided throughout the site, together with controlled ‘gateway’s and entrance features to through the woodland areas surrounding the site and into the Scottish Wildlife Trust site to the south and east and shall connect to the core path network. For the avoidance of doubt, the recreational management plan shall be implemented in accordance with the timescale approved under the terms of this condition.
Reason: To ensure that the terms of the Recreational Management Plan are fully integrated within the layout design of the site, with a high quality footpath network and entrance features in order to offer controlled access outwith the site to minimise any disturbance on the Slammanan Plateau SPA, adjacent SINCS and Scottish Wildlife Trust Reserve.
15. That the first Approval of Matters Specified by Conditions application shall include full details and design of the landscaping buffer along the southern boundary of the site. For the avoidance of doubt the buffer shall be a minimum of a 15m deep and shall take full conscience of the existing adjacent woodland (including the height and shadowcast of the trees).
Page 12 of 70 Reason: To protect existing adjacent trees and limit uncontrolled pedestrian movement within the adjacent Forrest Wood SINC and Scottish Wildlife Trust site in the interest of the protection of natural habitats and to ensure that the residential amenity of future residents is protected in terms of their distance to existing trees and available natural light.
16. That no trees within the application site shall be lopped, topped or felled and no hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority.
Reason: In the interests of the conservation value and visual amenity of the site.
17. That notwithstanding the requirement of Condition 1 above, the first application for Approval of Matters Specified by Condition shall include the full detailed design of the two new vehicular access points onto Forest Road and the internal road linking the two. For the avoidance of doubt one will take the form of an additional leg from the existing roundabout at Blackthorn Road and the other shall be from a new roundabout to be formed on Forest Road. These roundabouts, and all internal roundabouts, to be designed in accordance with DMRB TD16/07 ‘Geometric Design of Roundabouts’.
Reason: To ensure appropriate vehicular access arrangements are designed to accommodate the whole development of 600 houses.
18. That notwithstanding the requirements of Condition 1 above, the first applications for Approval of Matters Specified by Condition shall include, a scheme for the delivery of the off-site road works (including the financial arrangements to fund said works) identified by the Transport Assessment carried out by Atkins 2016 for the South Cumbernauld Community Growth Area (CGA) shall be submitted to the Planning Authority for its written approval. For the avoidance of doubt the off-site works comprise the installation of a staggered signalised junction arrangement at the Lenziemill Road/ Janes Brae roundabouts and should be based on the preliminary design included in Appendix D of the aforementioned Transport Assessment.
Reason: In order to secure off site infrastructure improvements to the local road network to accommodate the residential development.
19. That prior to the occupation of the 201st dwellinghouse the staggered signalised junction at the Lenziemill Road/Janes Brae roundabouts agreed under the terms of condition 18 above shall be fully implemented and operational.
Reason: In order to ensure sufficient capacity on the road network.
20. That no more than 200 houses shall be served by a single vehicular access point to Forest Road.
Reason: In the interests of road safety and to ensure the proper planning of the site as a whole.
21. That before any works start on site detailed plans showing the location and specification of bus laybys to be provided on Forest Road together with a timetable for implementation shall be submitted to agreed in writing by the Planning Authority in consultation with SPT.
Reason: To accord with the provisions of the SCCGA Strategic Development Framework and in order to achieve public transport options to the site.
22. That notwithstanding the requirement of Condition 1 above, the first application for Approval of Matters Specified by Condition (relating to housing layout) shall include an affordable housing agreement detailing how the development accords with the terms and requirements of Policy HCF3 of the North Lanarkshire Local Plan 2012 and associated Supplementary Guidance on Affordable Housing (2014). Thereafter, all submissions of Matters Specified by Conditions shall accord with the affordable housing agreement as approved under the terms of this condition.
Reason: In order to secure the provision of affordable housing in accordance with Local Plan Policy HCF3.
23. That each Approval of Matters Specified by Condition Application shall require to make a financial
Page 13 of 70 contribution towards education provision. The final figure of the financial contribution shall be agreed with North Lanarkshire Council Education services during the assessment of the planning application but shall be limited to a maximum of £7,800 per house (in line with the South Cumbernauld Community Growth Area Strategic Development Framework). For the avoidance of doubt this financial contribution shall be secured through a legal agreement in advance of any Matters Specified by Condition or Full application being determined.
Reason: In order to secure a financial contribution towards addressing the capacity issues in education provision as a result of the proposed development in accordance with Planning Policy DSP3 (Impact of Development) of the North Lanarkshire Local Plan 2012 and the South Cumbernauld Community Growth Area Strategic Development Framework.
24. That the first Approval of Matters Specified by Condition application shall include full specification details of the Central Multi Use Games Area (MUGA).
Reason: To ensure that the central Multi Use Games Area (MUGA) is designed to appropriate standards and meets the design requirements of Sportscotland.
25. That before the occupation of the 200th dwellinghouse within the development hereby permitted, all works required for the provision of the MUGA approved under the terms of Condition 24 above shall be completed.
Reason: To ensure the provision of strategic well designed play facilities within the site.
26. That the first Approvals of Matter Specified by Condition application shall include a strategy, for the provision of play areas across 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 equipped play areas; (b) details of the surface treatment of play areas, including the location and type of safety surface to be installed; (c) details of any fences to be erected around play areas, (d) details of a DDA compliant access; (e) a timetable for the implementation of the play areas across the site
For the avoidance of doubt these areas shall total 4,000 square metres across the site and shall be delivered contemporaneously with each phase of housing in accordance with the phasing plan agreed under the terms of condition 3 above. Consideration should also be given to natural or wild play options. The play areas shall be implemented in accordance with the timescales and phasing plan approved under the terms of this condition
Reason: To ensure the provision of strategic well designed play facilities within the site.
Background Papers:
Consultation Responses:
Scottish Environment Protection Agency received 26th April, 28th October and 4th November 2016 and 13th April 2017 Scottish Natural Heritage received 19th April and 5th December 2016 SportScotland received 28th October and 3rd November 2016 Health And Safety Executive received 10th January 2017 Scottish Wildlife Trust received 9th December 2016 and 5th September 2018 Scottish Gas Network received 26th October 2016 Scottish Water received 3rd March 2016 Environmental Health (including Pollution Control) received 3rd May 2016 Traffic & Transportation received 15th July 2016 and 6th March 2018 NLC Greenspace received 16th December 2016
Page 14 of 70 Education Services received 26th October 2016 Play Services Manager received 17thOctober 2016
Contact Information:
Any person wishing to inspect these documents should contact Mrs Susan Hunt at 01236 632500
Report Date: 9th August 2019
Page 15 of 70 APPLICATION NO. 16/00698/PPP
REPORT
1. Site Description
1.1 The Mid Forest area is located immediately south of and adjacent to the existing built up area of Cumbernauld in particular the Abronhill neighbourhood. The area is separated from the urban area of Abronhill to the north by a local distributor road, Forest Road. The site is also bounded to the south east and west by Pallacerigg Country Park, the Luggiebank Scottish Wildlife Trust wildlife reserves and Forest Wood respectively. Topographically, the Mid Forest area sits on part of the ridge that runs south west to north east. The ridge slope is approximately 1:9 running south from Forest Road. The slope flattens our slightly as it gets further south at a 150m contour line, where it forms the edge of a plateau which eventually runs into the Slamannan Plateau area.
1.2 The majority of the site (site area 40.9 Ha) comprises agricultural fields, largely used for grazing by mid forest farm. There are also several groupings of mature trees within the site and a disused kick about pitch. Mid Forest farm is located approximately centrally on the northwest boundary, it is accessed by a short section of single track road, and comprises a single storey farm cottage with several agricultural sheds and buildings clustered around it. The site has always been used for agriculture, with some industrial uses at the periphery.
1.3 The site was identified as a potential development site for housing when Cumbernauld was originally developed by Cumbernauld Development Corporation as a growth area for Abronhill. At this time, underpasses were constructed to allow pedestrian access to the mid forest development area, but the town path network was not extended into the development site. The majority of the site is within North Lanarkshire Council’s ownership, with the exception of a small area (approx. 1Ha) within the ownership of Mr A Hamilton of Mid Forest Farm.
2. Proposed Development
2.1 The Mid Forest Masterplan seeks to deliver a new residential neighbourhood for Cumbernauld comprising residential development with an indicative capacity of around 600 houses, constructed in a series of phases. Affordable housing at a minimum rate of 25% will be provided to comply with the NLLP policy HCF3 Assessing Affordable Housing development. The site layout is based upon a response to the developments context, following existing contours and orientated to take advantage of good views to the north. There are continuous green corridors throughout the site, planned with native woodland and linking proposals to the wider countryside and woodland to promote bio diversity. SUDS basins are located adjacent to the new road junctions to provide an important gateway feature to the development area. There will be a range of new homes with a mix of villa’s and flatted development with density of development varying across the site: low to medium density for the lower part of the site closest to Forest road including some 3 storey flats and a larger proportion of terraced houses. Low density development is proposed for the higher part of the site to the south, associated with larger family homes. A large play facility including a MUGA is centrally located so that none of the homes are more than 750 metres away. Given the proximity to the Slammanan Plateau Special Protection Area (SPA) and the Scottish Wildlife Trust Reserve there is a need to ensure that any new development does not have a negative impact on the quality of the existing natural environment assets. As a result, careful consideration has been given to the proposed layout and the need for buffer zones along the southern boundary of the site. To support the application a Recreational Management Plan to guide residents/walkers away from the Slammanan Plateau Special Protection Area (SPA) has been submitted and assessed.
2.2 The proposed Masterplan is a planning permission in principle (PPP) application intended to secure a consent in principle. Specific design issues relating to individual phases will be addressed at a later stage, through planning conditions and MSC applications. The landowner, NLC estates have considered the delivery of every aspect of the development- including housing, greenspace, retail and infrastructure.
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3. Applicant’s Supporting Information
3.1 The applicant has provided supporting information summarised as follows:
Pre Application Consultation Report Design and Access Statement Transport Assessment Environmental Statement Vol 1-3 and a non technical summary Badger Survey Noise Constraints Assessment Air Quality Impact Assessment Coal Mining Assessment Landscape and Visual Impact Assessment Flood Risk and Drainage Assessment Sustainable Location Assessment Ecology Report Recreation Management Plan Energy Report Urban Design Report Cultural Heritage Report
4. Site History
4.1 The planning history can be summarised as follows:
South Cumbernauld Community Growth Area: Concept Statement, April 2010 15/00410/EIASCO Request for an EIA Scoping Opinion: Development comprising circa. 600 Residential Units, Mixed Use Community Facilities, Open Space, Landscaping and Associated Roads and Infrastructure 15/02539/PAN Proposal of Application Notice: Erection of Residential Development with Local Retail/Services and Ancillary Works Including Access Road, SUDS and Landscaping 16/00736/PAN Application Comprising Residential Development with Local Retail/Services and Ancillary Works 16/00698/PPP Residential development (in principle) with local retail/services and ancillary works including access roads, SUDs and landscaping South Cumbernauld Community Growth Area Strategic Development Framework, June 2016
4.2 The proposed development was the basis of a formal EIA screening opinion which established that the planning application required to be supported by and Environmental Impact Assessment (EIA). Thereafter, the Council issued a formal scoping opinion outlining what should be included in the EIA Report.
5. Development Plan
5.1 The scale of development is such that it will need to be assessed against both the Structure Plan and the Local Plan.
5.2 The site is designated as a community growth area under the Spatial Development Strategy of the Clydeplan Strategic Development Plan 2017.
5.3 The proposals require to be assessed under the terms of the North Lanarkshire Local Plan 2012 and in particular:
DSAP (Development Strategy Area Priority 3: Community Growth Areas) Development Strategy Policies 1, 2, 3 and 4 (assessment of amount, location, impact and quality of development)
Page 17 of 70 Policies HCF 2 B: location for (Medium term) Housing development HCF3 (Assessing Affordable Housing Development) NBE1 Protecting the Natural and Built Environment
5.4 Although not part of the development plan, the Council has agreed Supplementary Planning Guidance relating to the South Cumbernauld Community Growth Area (SCCGA) by was of the South Cumbernauld Community Growth Area Concept Statement of April 2010 and the South Cumbernauld Community Growth area Strategic Development Framework, June 2016. These documents set out the Council’s guiding principles for development within the Mid Forest area. The SDF is based upon the National Planning Framework; Scottish Planning Policy; Designing Streets; Creating Places; The North Lanarkshire Local Plan 2012 and associated adopted Supplementary Planning Guidance.
6. Consultations
6.1 A summary of comments from the consultees are as follows:
i. SEPA have lodged a holding objection to highlight the need for conditions to be attached to the planning application relating to potential flood risk. SEPA have accepted that the vast majority of the site is developable; however, they have asked for additional information relating to two watercourses within the site which were not picked up by the FRA submitted by Envirocentre. They have also provided guidance on the treatment of water runoff, foul water drainage and the design of structures which cross watercourses and. SEPA have also requested that the applicant be required to consider the introduction of district heating, low or zero carbon heat networks to accord with para 154 of the SPP. ii. SNH have lodged a conditioned objection to highlight the need for conditions to be attached to the planning application relating to mechanisms to protect the Slammanan Plateau Special Protection Area (SPA) through the implementation of the Recreational Management Plan. This can be controlled through the application of a suitable planning condition and as such the objection can be addressed. For the purposes of the processing of the application their consultation response is treated as advice and not as a formal objection. iii. Scottish Wildlife Trust have lodged a holding objection to highlight the need for conditions to be attached to the planning application relating to minimum buffer distances between the new development and their land holdings, the mechanism and funding for access connections to their existing path network, concerns about the proposed Recreation Management Plan designed to protect the Slammanan Plateau Special Protection Area (SPA), the promotion of non-native woodland and the specification of the play facilities. The matters raised by SWT in their objection are subject to further detailed discussion in the report below. iv. Sportscotland have no objection to the proposal subject to confirmation of the specification and timetable for the delivery of the MUGA as a replacement for the existing kick-about grass pitch. v. Health and Safety Executive noted that the site does not lie within the consultation distance of a major hazard site or major accidental hazard pipeline and has no objection to the proposal. vi. Scottish Water have no objection to the proposal subject to conditions relating to connections to the potable water supply and foul drainage, and surface water drainage. They will permit the development of up to 200 units in advance of the completion of a drainage impact assessment. vii. Scottish Gas Networks have identified that there is a high pressure pipelines in the area of the proposed works protected by a deed of servitude, they have no objection to the proposal subject to conditions relating to the safeguarding of and connections to the gas network. viii. Scottish Power did not provide a response, however there should be no difficulty with gaining access and connections to their apparatus. ix. NLC Traffic and Transportation having considered the content of the TA and have no objections to its content or findings. There will be a requirement for a condition to be attached to the planning consent with regards to the payment for off-site road improvements as set out in the TA. They have also specified the design of the internal road network within
Page 18 of 70 the masterplan area, all of which are consistent with the guidance set out in the SC CGA SDF and the proposals within the Masterplan. x. NLC Protective Services have no objection to the proposal, they have highlighted the need for subsequent MSC applications to provide detailed information on potential site contamination via site investigation and remediation reports, and that the development of the site should consider and apply best practice in relation to construction methods, working hours, construction wastes, noise and light pollution. xi. NLC Play Services Manager have no objection to the proposal and have clarified that both the location and specification of the proposed play area is acceptable to them. They also provided guidance on the design and specification of the play area, MUGA and surrounding area of open space. xii. NLC Education Services have no objection to the proposal but have identified that the scale of the development will result in capacity constraints within local schools and that a financial contribution will be required from housing developers to mitigate the impact on the education estate. No financial figure was provided at this time as it will be subject to ongoing revisions to catchment areas, the phasing of the development and the physical constraints of each school. However, the Strategic Development Framework states a maximum figure of £7,800 per dwellinghouse. xiii. NLC Greenspace Services have no objection to the proposal, they have however requested conditions be attached to the development relating to the need for a suitably qualified ecologist, preferably a member of the Institute of Ecology and Environmental Management, is required to carry out updated ecological and protected species surveys especially for otter, bats, pine martin and badger. They also cited the importance of retaining existing hedgerows and the need for a buffer between the site and the adjacent woodland.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, one letter of representation has been received to date,
7.2 The following is a summary of the objections to the proposal:-
a) Works to improve the condition of the existing road, tunnel and flooding issues should not be delayed until such times as the new housing is to be built, it should be dealt with now. b) The play area is disused because of the state of the pedestrian tunnels, and the volume and speed of traffic on the Forest Rd at present. c) Maintenance work should be carried out in the housing area opposite the proposed development, barrier repairs and refurbishment and road and pavement repairs, as these have been neglected for many years. It will be galling to the present residents if new builds are in place before repairs are carried out in the present housing areas.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. It is considered that the proposal raises issues of a strategic nature in terms of the. scale of the development and as such has to be considered against both the strategic development plan and the local plan.
Clydeplan Strategic Development Plan (CSDP) 2017
8.2 The site is identified as a community growth area in the Spatial Development Strategy of the Clydeplan Strategic Development Plan 2017 (CSDP).
8.3 The Glasgow and Clyde Valley Joint Structure Plan 2006 (GCVJSP) set an agenda for sustained population growth as the basis of a 20 year development strategy. Sites within the South Cumbernauld area were identified as suitable for development to meet this growth target and the Mid Forest Area was designated as a Community Growth Area. The South Cumbernauld Community Growth Area concept statement of April 2010 and the South Cumbernauld Community Growth Area
Page 19 of 70 Strategic Development Framework, June 2016 set out the Council’s guiding principles for development within the mid forest area.
8.4 The Vision and Spatial Development Strategy of the CSDP supports the provision of high quality and affordable housing in the right location which is central to the creation of a successful, sustainable and growing city region. The strategy promotes a compact city model while at the same time recognising that large scale planned greenfield sites including the Community Growth areas such as South Cumbernauld have a role to play in enabling the delivery of new homes.
8.5 In concluding the assessment of the development of the proposal against the CSDP, the site is a sustainable location where there is a known need for housing and as such is fully compliant with the CSDP.
North Lanarkshire Local Plan (NLLP) 2012
8.6 The North Lanarkshire Local Plan zones the site as HCF 2B Locations for Medium Term Housing development. The proposed Masterplan is fully compliant with this policy and the zoning of the site as set out in the South Cumbernauld Community Growth Area Strategic Development Framework of June 2016.
8.7 The proposed development also requires to be assessed against Development Strategy Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development).
8.8 Policy DSP1 ‘Amount of Development’ is relevant, with specific reference to Criterion A Planned Land Supplies due to the residential zoning of the site. The development is considered to be acceptable when assessed against policy DSP1.
8.9 Policy DSP2 ‘Location of Development’ further considers the strategic approach to development locations. Located in an area zoned for residential development the application is considered to be acceptable under policy DSP2.
8.10 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions.
8.11 In this instance Education Resources have advised that the development is likely to result in capacity constraints within the local schools in the area due to the number of proposed houses. The service is will require a financial contribution from developers and that further studies will be required to establish the final figure required per dwellinghouse. It is noted that there is a maximum figure of £7800 per dwellinghouse included in the Strategic Development Framework and therefore any final figure would not exceed this amount. The final figure and phasing of payments would be delivered through a section 75 legal agreement attached to future MSC applications.
8.12 The Transport Assessment carried out for the SCCGA as a whole (including the Palacerigg Site) has identified off-site road improvements that require to be carried out within the public road network to accommodate the proposed development. The development of the whole SCCGA will impact upon the performance of the Lenziemill Road / Jane’s Brae double small roundabouts. A signalised junction has been developed which provides a staggered signalised junction, with all movements signal controlled. This allows for pedestrian crossings to be included. This off-site mitigation requires to be delivered before the occupation of the 201st dwelling within the site. The details of how the mitigation works are delivered can be controlled at this stage by condition and carried forward to a legal agreement at the later MSC application stages.
Page 20 of 70 8.13 Taking the above matters into account, it is considered that the proposed development accords with Policy DSP3.
8.14 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. In terms of the local plan policy, proposals require to be assessed against a set of criteria and the paragraphs below assess the proposal against such criteria. It is noted that the (SCCGA) Strategic Development Framework encapsulates much of those requirements of DSP4 and provides detailed aspects what must be taken into account when submitting an application in principle and when procuring a masterplan for the CGA.
Design Principles Including Provision for the Development and Links to Nearby Green Networks
8.15 The applicant has submitted a Design and Access Statement which provides information with respect to the proposed site layout. While on the periphery of Abronhill, views into the site are partially filtered by established and proposed trees, hedgerow and landscaping. There would also be a softer edge to the development through additional landscaping. As such, and taking into account the level of landscaping also afforded to Forrest Road, the layout and nature of the housing proposed is considered to be acceptable. Materials can be controlled via conditions. The density is considered acceptable. Bands of open space running west to east along the southern boundary and the centre of the site results in visual and acoustic benefits to the development allowing the housing to be set within a landscape setting which will mature over time and conditions have been proposed to enable the control of landscaping and fencing within this area to further advance passive recreational benefits and biodiversity attributes. While play facilities are shown on the site layout plan, the detailed design and specification of this play area can be taken forward via conditions attached to future MSC applications.
Safe, Inclusive, Convenient and Welcoming Development
8.16 Access to the site has evolved in discussion with NLC Transportation and it is considered that the development is accessed in an appropriate manner from the two access points (roundabouts) off Forest Road. A review of the consultation outcome with NLC Transportation is set out in paragraph 6.1 and in planning terms it is considered that all matters have been satisfactorily addressed, or can be controlled via conditions. The proposed internal road layout will be designed to take account of national policy guidance ‘Designing Streets’ in order to create a greater sense of place, and provide a nature of street design that is more pedestrian and cyclist friendly. Overall, it is accepted that a softer nature to the development has been achieved whilst satisfactorily meeting functional requirements, and that all areas have a good degree of passive surveillance from the proposed housing. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with good green elements.
Energy Resources and Sustainable Development
8.17 The applicant has provided a statement with respect to the viability of district heating, low or zero carbon heat networks and have concluded that such technologies are not viable at this location, as such they have complied with the Scottish Government’s ‘Planning Advice on Heat’ and SEPA’s guidance on ‘Heat Networks and District Heating’. In terms of sustainable development, it is acknowledged that the site’s inclusion for development purposes has followed the local plan process in light of housing land supply requirements in the wider area, and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.
Air Quality, Noise and Pollution Impacts
8.18 With regard to noise and air quality following consultation with NLC Protective Services and SEPA the nature and scale of development has been demonstrated to be acceptable. NLC Protective Services were satisfied that technical solutions promoted by the developer will resolve any potential noise complaint issues between existing and future residents. Conditions have been attached to
Page 21 of 70 ensure that any noise mitigation measures are suitably detailed and completed prior to the completion of the development.
Drainage and Water Body Status
8.19 Both Scottish Water and SEPA have been consulted and this has raised no objections as set out in section 6 of the report. Foul drainage is to be connected to the foul sewer and surface water drainage intended to be dealt with by a SUDS system/Basin, with ultimate adoption by Scottish Water. Conditions can be attached to ensure all requirements of Scottish Water, SEPA and general SUDS principles are satisfactorily achieved. The applicant also submitted a Flood Risk Assessment with the application which demonstrates that the majority of the site is developable; however, further information is required and this can be sought through the application of a planning condition. The outcome of the updated Flood Risk Assessment should guide the final design of drainage infrastructure and housing layouts.
Impact on Local Amenity
8.20 In considering the location of the site in relation to neighbouring residential properties, it is considered that there are no significant adverse impacts on their amenity in respect to sunlight/daylight, levels and privacy, with adequate standards being achieved.
8.21 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4 of the NLLP. In concluding the application’s compliance with the North Lanarkshire Local Plan, it is noted that it complies with policies DSP 1-4.
South Cumbernauld Community Growth Area strategic development framework, 2016
8.22 The SDF has the status of supplementary planning guidance and is based upon; the National Planning Framework, Scottish Planning Policy, Designing Streets, Creating Places, The North Lanarkshire Local Plan and various NLC adopted Supplementary Planning Guidance. The proposed Mid Forest Masterplan has to demonstrate compliance with the SDF.
8.23 The Mid Forest Masterplan is fully compliant with the requirements of the SDF as it seeks to promote a mixed tenure community within a quality landscape which provides a setting for the new development but also knits the development into the existing green assets within the area providing key green networks into and across the sites which improve both access and biodiversity. The applicant has demonstrated that they have carefully considered issues such as the development mix within the site, the provision of play facilities, vehicular and pedestrian connections to the wider area and the need to protect and promote the natural environment.
8.24 Policy HCF 3 Assessing Affordable Housing Development: This policy advises that the Council will seek provision of a proportion of affordable housing in the Cumbernauld Sub- Market Area. This would normally be in the form of on-site provision at a rate of 25% for all new housing developments with an overall site capacity of 20 or more units not already included in the Housing Land Supply 2008. A 25% affordable housing provision applies equates approximately 150 houses on this site (assuming 600 houses are achieved at MSC stage). It is recommended that a condition requiring a scheme of delivery for affordable housing on this site be applied which would make the development compliant with HCF3.
8.25 NBE 1 A Protecting the Natural and Built Environment Local Sites: There are no formal ecological designations or archaeological resources identified within the application site.
8.26 The development site is located 725m from the Slamannan Plateau at its closest point. This is a European Special Protection Area (SPA) and site of Special Scientific Interest (SSSI) for a nationally important population of taiga bean geese between October and February each year. The bean geese habitat is not directly adjacent to the proposed development site, so the main issues likely to arise are related to the access to and from the bean geese habitat area by future residents. A
Page 22 of 70 Recreation Management plan has been prepared which describes how access to adjacent countryside will be controlled for future residents occupying housing on the Mid Forest site.
8.27 The Environmental Impact Assessment Report included a Habitat Regulation Assessment which states that the completion of the development within the Mid Forest area will not have an adverse effect on the integrity of the Slamannan Plateau SPA, either alone or in combination with the Palacerigg Area provided the Recreational Management Plan is implemented.
8.28 There are also areas of important woodland directly adjacent to the development site which are classified as Sites of Importance to Nature Conservation (SINC), particularly Forest Woods to the south and east. Burtrigg Moor (SINC) and West Fannyside Moor (SINC) lie to the south of the wooded area. Further west are Glencryan Woods (SINC). These are already used for recreation and there is a concern that new development could impact on local wildlife and nature and therefore adequate buffers require to be put in place to limit access and encourage access to the least sensitive areas thereby minimising impacts.
8.29 Recreational activity within adjacent woodland would be controlled using a landscape ‘buffer’ at the site boundary where it abuts existing woodland. This would restrict resident’s access to woodland to specific gateway points and would incorporate signage clearly indicating the status of the surrounding woodland and restricting appropriate pedestrian routes to minimise disturbance on wildlife.
8.30 SNH were consulted on the Recreational Management Plan and accept its content. SNH issued a conditional objection to the application where they would object if a condition were not placed on any planning permission requiring the Recreational Management Plan to be adhered to. It is proposed that a condition to this effect be placed on the permission thereby following the advice of SNH and satisfactorily addressing their objection.
8.31 SNH were also consulted on the Appropriate Assessment which was carried out as part of the planning application assessment process and found it to be acceptable.
8.32 In terms of protected species the findings of the Environmental Statement are generally accepted; however, both NLC Greenspace and SNH requested additional re-survey work prior to any works starting on site. It is considered that this could be adequately controlled by condition.
8.33 In concluding the above, it is considered that the proposed development accords with the development plan and broadly accords with the council’s supplementary guidance on the CGA. The planning application should therefore be granted permission unless there are any other material considerations which suggest otherwise.
National Planning Framework 3 and Scottish Planning Policy
8.34 It is considered that the proposals broadly comply with both the NPF and SPP and that the key principle policies in these documents for a development of this nature have been incorporated into the Strategic Development Framework. In particular, NPF 3 aims to facilitate new housing development in areas where there is continuing pressure for growth and places greater emphasis on green infrastructure in the city regions with Central Scotland Green Network having the status of a National Development. Provision has been made to accommodate a suitable level of green infrastructure at a strategic level within this proposal with further details being required in future MSC applications. With regards to the SPP the key principle polices in relation to sustainability, place making, design quality and housing supply are considered to be addressed through the identification of the boundaries and capacity of the whole Community Growth Area with design quality, place making and sustainability matters being encapsulated within the SDF. As noted above the proposal is considered to meet these broad design criteria and further assessment will be required at more detailed MSC application stage.
9. Assessment of Consultation Responses and Representations
Consultation Responses
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9.1 SEPA. The additional information relating to two watercourses within the site have now been picked up by Envirocentre and incorporated in a revised FRA. The guidance on the treatment of water run off, foul water drainage and the design of structures which cross watercourses will all be addressed in the detail of the MSC application. The applicant has provided a statement with respect to the viability of the introduction/application/adoption of district heating, low or zero carbon heat networks and have concluded that such technologies are not viable at this location, as such they have complied with SEPA’s guidance on ‘Heat Networks and District Heating’ and the Scottish Government’s ‘Planning Advice on Heat’.
9.2 SNH. The applicant has provided a Recreational Management Plan to assist in the protection of the Slammanan Plateau Special Protection Area (SPA), SNH have accepted the content of the RMP and are seeking for conditions to be attached to the planning application which will ensure that the RMP proposals are implemented in full. The applicant commissioned a bat survey of Mid Forest farm in August 2018, this was forwarded to SNH who confirmed that it satisfies their concerns with regards to the Habitats Regulations 1994 (as amended). SNH’s remaining concerns with regards to improvements to green networks and access issues are all reasonable and can be addressed in conditions.
9.3 Scottish Wildlife Trust. The issue of minimum buffer distances between the new development and SWT land holdings has been considered by the applicant and the mechanism for designing and maintaining buffers between proposed development and the existing natural environment is clearly set out in ES Vol 2 Fig 8 and a minimum 15m landscape buffer is considered to be acceptable along the southern boundary. SWT’s concerns about the proposed Recreation Management Plan designed to protect the Slammanan Plateau Special Protection Area (SPA) are noted, however, SNH are satisfied with the provisions of the RMP and there is no need to change or amend it’s proposals. SWT’s concerns regarding the promotion of non-native woodland as part of the green network and structure planting proposals of the masterplan are noted and the applicant has ensured the Council that native broadleaf planting will be favoured with the option of non-native species minimised. SWT’s concerns regarding the specification of the play facilities and their relationship to the proposed green network are not accepted as subsequent MSC applications will ensure that these two elements are carefully considered and designed to complement each other. SWT have confirmed that they are willing to withdraw its holding objection if the following matters are incorporated into a suitable legal agreement with North Lanarkshire Council (as applicant/landowner) and Scottish Wildlife Trust with regards to:
a right of access over SWT land to construct the proposed footpath links the technical specification of the footpaths, including materials, drainage, passing places and gates a financial contribution to the future maintenance of the footpath connections to the existing footpath network within the ownership of the SWT a proportionate financial contribution to the future maintenance of the existing footpath network within the ownership of the SWT a financial contribution to the upgrade/replacement of the existing walls, fences, hedgerows and drainage features on the boundary of the SWT reserve. the design and technical specification of the Gateway features, including interpretation panels, gates and bins. Thereafter these are to be provided in line with the phasing plan the depth and detailed design of the buffer zone The phasing of the construction of the paths and other facilities
9.4 Due consideration has been given to the above points and it is concluded that a right of access over SWT land to construct the proposed footpath links from the boundary of the planning application site and the exiting SWT paths could not be dealt with by attaching a planning condition to any permission. This would require a separate binding legal agreement to be reached between NLC Estates (as applicant and vendor of the site) and SWT as landowner. This agreement would fall outwith the planning process would then have to be passed onto and adhered to by the future developer(s) of the site at the sales and conveyancing stage. NLC estates has confirmed that it would be willing to enter into such an agreement with SWT.
9.5 The technical specification of the footpaths including materials, drainage, passing places and gates can be dealt with by means of a condition for those areas within the planning application site
Page 24 of 70 boundary. This condition would require that these details are submitted at Matters Specified by Condition (MSC) stage. Given that stretches of the footpath connections fall outwith the planning application site boundary the separate legal agreement noted above would have to contain the specification of the paths to be constructed on land within the ownership of SWT.
9.6 In terms of the financial contribution to the future maintenance of the ‘new’ footpath connections to the existing footpath network within the ownership of the SWT this would not be controlled through the planning process. My NLC Estates colleagues advise that this would be negotiated as part of the separate legal agreement noted above and would in turn fall to the developer of the site to contribute. Similarly, in terms of a proportionate financial contribution to the upgrade/replacement of the existing walls, fences, hedgerows and drainage features on the boundary of the SWT reserve it is considered that this would not pass the tests for a planning condition in that it is not necessary or reasonable in order to allow the development to commence and as such would not be included in any planning conditions.
9.7 The design and technical specification of the gateway features, including interpretation panel, gates and bins can be dealt with by means of a condition in the same way as the technical specification of the footpath within the application site boundary. The condition can be worded in such a way that submitted information requires consultation with SWT prior to the condition being discharged.
9.8 A condition will be placed on the permission requiring details of the buffer zone to be submitted at MSC application stage. The condition would seek a minimum of 15m buffer zone and require details of its design, any planting and functionality. Again the condition can be worded in such a way that the submitted information requires consultation with SWT prior to the condition being.
9.9 Finally, a condition will be placed on the permission requiring a detailed phasing plan for the development of the site. This will include at what stage the construction of the footpaths will take place.
9.10 Should it not be possible for the applicant to reach an agreement regarding the above then the Recreational Management Plan would require to be revised in consultation with SNH which would limit the number of footpath connections to the south and east of the application site.
9.11 Sportscotland The applicant is of the view that the proposed MUGA coupled with recent public investment in the upgrade of the playing pitches at Moss Road plus the new pitches at the Cumbernauld Academy site provides suitable mitigation for the loss of the existing 7-aside grass playing pitch. This view has been accepted by Sportscotland and their request to be consulted on the design, technical specification and timetable for the delivery of the MUGA can be dealt with by planning conditions.
9.12 In terms of the other consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions attached to any permission should the Committee approve the application.
Representations:
9.13 In response to representation received, it should be noted that there are no substantive concerns or objections to the content of the Mid Forest Masterplan, the three points of objection relate to concerns with the management and maintenance of the existing housing estate to the north and to the state of repair of the pedestrian underpasses which connect the existing neighbourhood to the new development below Forest Road. The concerns relating to the perceived lack of management of both the housing, public realm and footpaths within the existing residential areas to the north of the proposed development are noted and will be raised with the relevant services of the Council, however, they do not impact on the proposal as set out in the planning application and as such do not represent any reasons to refuse the application as proposed.
10 Conclusions
10.1 The proposed masterplan is considered acceptable and in accordance with the relevant development plan policies and guidance. Due consideration has been given to the letter of objection
Page 25 of 70 received and consultee objection from Scottish Wildlife Trust; however, for the reasons given above it is considered that these have been appropriately addressed in the report above and do not merit the refusal of this application. It is therefore recommended that planning permission be granted subject to the conditions set out above.
Page 26 of 70
Application No: Proposed Development:
19/00324/FUL Early Learning Centre and associated car parking
Site Address:
Site To West Of 19 Centre Street Chapelhall Airdrie ML6 8TX
Date Registered:
17th April 2019
Applicant: Agent: North Lanarkshire Council Norr Consultants Ltd Civic Centre Suite 1A, Skypark 5 Windmillhill Street 45 Finnieston Street Motherwell Finnieston UK Glasgow ML1 1AB UK G3 8JU
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 12 Airdrie South 0 letter(s) of representation received. Michael Coyle, Paul Di Mascio, Ian McNeil, Sandy Watson,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
Located within the green belt, the proposal is on the edge of the village and has previously been used as a community sports pitch. The proposal is considered acceptable in planning terms as it will enhance the surrounding area and continue its community use by way of facilitating for a much needed nursery school community facility.
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Reproduced by permission Planning Application: 19/00324/FUL of the Ordnance Survey on Name (of applicant): North Lanarkshire behalf of HMSO. © Crown Copyright and database Council right 2009. All rights Site Address: Site To West Of reserved. Ordnance Survey 19 Centre Street
Licence number 100023396. Chapelhall Airdrie North Lanarkshire ML6 8TX Development: Early Learning Centre and associated car parking
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Proposed Conditions:-
1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings
Reason: To clarify the drawings on which this approval of permission is founded.
2. 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: In the interests of traffic and pedestrian safety.
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 and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To safeguard the residential amenity of the area.
5. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; b) 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site
Reason: In the interest of the amenity of the site and the general area.
6. That all works included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interest of the amenity of the site and the general area.
7. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required.
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Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site.
8. That any remediation works identified by the report agreed in terms of Condition 7 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. Once completed a certificate (signed by a suitably qualified Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.
9. Prior to works starting on site, a revised plan shall be submitted to the planning authority for prior approval showing the following details of the car park: . Should be accessed via a dropped kerb . visibility splays of 4.5m x 60.0m to be provided to the left from the proposed access along Centre Street. . Car parking spaces should be 2.5m x 5.0m and accessed from a 6.0m wide aisle . Car parking spaces dedicated for vehicles with a blue badge displayed should be 3.6m x 5.0m Thereafter, the car park shall be implemented in accordance with the revised details.
Reason: In the interests of traffic safety.
Background Papers:
Consultation Responses:
SportScotland received 15th May 2019 Traffic & Transportation 1st August 2019 Environmental Health (including Pollution Control) received 14th May & 4th June 2019 NLC Greenspace received 14th may 2019 Landscape received 10th June 2019 The Coal Authority received 24th May 2019
Contact Information:
Any person wishing to inspect these documents should contact Ms Shahida Bashir at 01236 632500
Report Date:
9th August 2019
Page 30 of 70 APPLICATION NO. 19/00324/FUL
REPORT
1. Site Description
1.1 The site is amenity grassland with a blaes pitch located on the edge of Chapelhall on the Southside of Airdrie. The site currently forms an open public recreational area albeit the pitch is in poor condition.
1.2 Residential properties on Budshaw Avenue and Sherdale Avenue, surround the north eastern half of the site, with their rear elevations / gardens facing across the site. There is also a local shop located adjacent to the east of the site. Mature mixed woodland, associated with the North Calder valley surrounds the western half of the site and beyond lies a SINC (Site of Importance for Nature Conservation). The site is bounded by neighbouring residential low level fencing, is open to views from all directions, and slopes slightly from east to west.
1.3 The nearby residential properties are a mix of single and two storey dwellings finished in tiled roofs, rendered walls and upvc windows. There is also a well-used footpath which cuts through the site linking Budshaw Avenue with the shop on Centre Street. This path is proposed to be retained.
2. Proposed Development
2.1 The proposed new Early Learning Centre will be one of nine proposed new build facilities across North Lanarkshire as part of the North Lanarkshire Council Early Years Expansion Programme. Each site is considered to be unique and each will provide new, readily accessible access to Early Years Childcare within their respective neighbourhood.
2.2 This proposed public school nursery is to provide 40 full time equivalent nursery provision for three to five year olds with nine new members of staff. The building is proposed to be approximately 6m in height and 240sqm in floor area, with approximately 5110sq.m. of external space.
2.3 The nursery is to be accessed from Centre Street via separate pedestrian and vehicular access. There is to be a total of 17 car parking spaces proposed. A barrier arm is to be installed on to the entrance of the car park. This will be in operation out-with the hours of the nursey school to prevent unauthorised use of the car park.
2.4 The proposal is to be a modern rectangular shaped, single storey, pitched roof building. The external finishing materials will be a mix of modern materials (i.e. Metal, brick and wood effect panels) to both contrast and complement the existing materials found on neighbouring buildings. The car park, building and external space is to be sited on the flatter section of the site where there is currently a pitch. The building and play space are orientated to allow the external space an open aspect to the west overlooking the forest and also benefit from the southerly aspect. The nursery has the potential to access the adjacent forest zone.
3. Applicant’s Supporting Information
3.1 A Design Access Statement has been provided as part of the planning application submission, which makes reference to the need for this type of building and the open plan internal layout proposed.
4. Development Plan
4.1 The application site is designated within the Green belt under policy NBE 3A – Green belt. The proposal will also be considered against policy DSP 4 Quality of Development.
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5. Consultations
. Sport Scotland: No objections (Blaes pitch below threshold size) . Roads Service: No objections subject to conditions i.e. 23 car parking spaces, car park be accessed via dropped kerb, not be situated directly opposite Castle Street, 25m junction spacing recommended along Centre Street. . Protective Service: No objections subject to conditions i.e. SI report . Greening Service: No objections subject to conditions i.e. detailed landscaping plan be submitted, local paths be protected. . Coal Authority: No objections – however further details on ground conditions, foundation design and gas protection measures may be required.
6. Representations
6.1 No letter(s) of representation have been received.
7. Planning Assessment
7.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against local plan policies. In this instance, the North Lanarkshire Local Plan 2012 is relevant.
7.2 Policy NBE 3 A: Seeks to protect the character and promote development in the Green Belt and the Rural Investment Area by restricting development to acceptable types and operating criteria.
7.3 Policy DSP 4: Considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria.
7.4 The nursery school proposal although contrary to Policy NBE 3A of the Development Plan is in this circumstance considered to be acceptable, as it is an educational facility viewed to be compatible with its natural setting. The site is on the fringe of the green belt and has previously been used by the local community as a community sports facility i.e. blaes pitch. The proposed nursery is to serve a specific new development demand requirement that is unlikely to be accommodated within the immediate urban area and in use terms is compatible with the current community use of the site. It also satisfies the impact criteria of this policy as it is likely to have a positive economic benefit, with minimal environmental impact, due to its size and nature it is unlikely to result in undue infrastructure implications, has a specific locational need, is of a suitable scale and form for its location and does not affect the integrity of European Sites. Taking all the above into consideration the proposed use will allow for the continuation of this site to be used as a community facility by way of a new, much needed community nursery.
7.5 With regards to the design and amenity aspects of Policy DSP 4, it should be noted that the existing on site pedestrian footpath is to remain unaltered, and that the proposed design and materials of the extension are considered to contrast and complement the materials found on its existing neighbouring surroundings. With reference to amenity (i.e. overshadowing, overlooking, noise etc.) the proposal is unlikely to have any detriment to residential amenity due to its location, orientation, size, scale and nature of use. The proposal is therefore considered to be compatible in terms of its ancillary nature to the residential area and the green belt.
7.6 In-terms of parking, although, there is enough site capacity to get closer to the roads service recommendation of 23 car parking spaces, it is considered that the proposed provision of 17 parking spaces reflects a reasonable balance between roads requirements and amenity of the residential area. This is due to the staggered nature of nursery pick-ups and drop-offs and the need to accommodate other more sustainable transport modes, such as walking and cycling, (as opposed to exclusive use of motor vehicles, especially given that the site was chosen due to its central location within the community).
Page 32 of 70 7.7 Also, a separate pedestrian entrance is proposed to be taken directly from Centre Street. This entrance is considered to be acceptable as it will be distanced from manoeuvring cars, allowing for safer access to the nursery and thereby encouraging users to walk to the nursery
7.8 The proposed access although directly opposite from Castle Street, will meet the 25m distance junction spacing measured from Sherdale Avenue as recommended by road services. Road services have also recommended that the access should not be situated directly opposite Castle Street, this would mean that the layout of the proposal would require to be changed, and likely under-build required at a significant cost to the developer or that the 25m junction spacing from Sherdale Avenue could not be met. Therefore, taking the above into consideration the access point as proposed is considered acceptable.
7.9 The greening service input regarding drainage, landscaping and levels have also been considered and can be addressed via conditions.
7.10 It should be noted that no service has objected and the Planning Authority has not received any representations from the local community.
8. Conclusions
8.1 Despite Green Belt zoning, taking into account the sites location on the edge of Chapelhall, the sites use as a recreational facility and weighing up the wider social benefits of this scheme; the proposed development in this case is considered to be an acceptable departure from the development plan.
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Application No: Proposed Development:
19/00353/FUL Construction of Flatted Social Housing Development and Associated Infrastructure
Site Address:
Site At Burns Road Kildrum Cumbernauld
Date Registered:
29th March 2019
Applicant: Agent: Sanctuary Homes Collective Architecture 24 Little Street Mercat Building Anderston 26 26 Gallowgate Glasgow Glasgow Scotland United Kingdom G3 8DQ G1 5AB
Application Level: Contrary to Development Plan: Major Application No
Ward: Representations: 04 Cumbernauld East No of representation received. Gillian Fannan, Claire Barclay, Paddy Hogg, Tom Johnston,
Recommendation: Approve Subject to Conditions
Reasoned Justification: The redevelopment of this site will create a successful new housing layout that accords with the strategic aims of the Council as well as the relevant Local Plan policies.
Page 34 of 70
Reproduced by permission of Planning Application: 19/00353/FUL the Ordnance Survey on Name (of applicant): Sanctuary Homes behalf of HMSO. © Crown Copyright and database right Site Address: Site At 2009. All rights reserved. Burns Road Ordnance Survey Licence Kildrum number 100023396. Cumbernauld North Lanarkshire Development: Construction of Flatted Social Housing Development and Associated Infrastructure
Page 35 of 70 Proposed Conditions:-
1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings approved include: EX_01, EX_02, EX_03, EX_04, GA_3000-M, GA_3010, GA_4010-A, GA_4020, EL_100-E, EL_101, EL_110-D, EL_111-D, EL_112-D, EL_120-D, EL_130-D, EL_131-D, EL_140-D, EL_150-D, EL_151-D, EL_152-D, EL_153-D, SE_10, SE_11-A, 24_10-B, 24_11-B, 24_12-C, 24_100-D, 90_01-A, 90_02, 90_03-B, 90_04, 90_05, GA_110-E, GA_113-E, GA_120-E, GA_125-E, GA_130-F, GA_132-F, GA_135-F, GA_140-E, GA_145-E, GA_150-F, GA_151-E, GA_152-E, GA_154-E, GA_155-E, GA_156- E, TY_01-D, TY_02-E, TY_03-D, TY_04-D, TY_05-D, TY_06-D, TY_07-D, TY_08-D, TY_09-D, TY_10- D, E2660-A(52)01B, E2660-A(52)02A, E2660-A(52)03A, E2660-A(90)01C, E2660-A(90)02, E2660- L(52)01A, E2660-L(52)02A, E2660-L(52)03C, E2660-L(90)01, E2660-L(90)02C, E2660-L(90)03C, E2660-L(90)04A, E2660-L(90)20C, E2660-L(90)21B and 032-02 Rev B
Reason: To clarify the drawings on which this approval of permission is founded.
2. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments 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. For the avoidance of doubt the landscape scheme shall include native species and include tree and hedgerow planting along the western and southern boundaries. (c) A timetable for the completion of these works contemporaneously with the development.
Reason: To enable the Planning Authority to consider these aspects.
3. That unless otherwise agreed in writing by the Planning Authority, before the development hereby permitted is brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 2 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of 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 environmental amenity of the area.
4. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed grassed, planted and landscaped areas; (b) any communal fences and walls;
Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.
5. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 4 shall be in operation.
Reason: To ensure there is an adequate landscape maintenance scheme in place.
6. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Page 36 of 70
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.
7. That any remediation works identified by the site investigation required in terms of Condition 6; shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
8. That any remediation works identified as part of the Ground Investigation Report carried out by Ian Farmer Associates dated January 2019 shall be carried out and verified by a suitably qualified environmental engineer to the satisfaction of the Planning Authority prior to construction work commencing on site.
Reason: In the interests of the environmental amenity of the area.
9. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
10. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
11. That the SUDS compliant surface water drainage scheme approved in terms of Condition 10 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
12. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.
13. That no dwelling hereby permitted shall be occupied until the street and footway adjacent to it have been constructed to basecourse standard and the street 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.
14. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.
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Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
15. 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 and the development shall be completed in accordance with the approved details.
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.
16. That, unless otherwise agreed in writing, details of the proposed public art element of the proposal shall be submitted to and approved in writing by the Planning Authority prior to the commencement of construction works on site and that the said public art works shall be implemented to the satisfaction of the Planning Authority prior to the occupation of any flatted dwellings hereby approved.
Reason: In the interests of the amenity of the development.
17. That, unless otherwise agreed in writing by the Planning Authority, the temporary diversion of the Core Footpath linking the ‘snake’ bridge from Seafar through the site to the bus stop at North Carbrain Road and the footpath network to Kildrum and beyond shall be implemented in accordance with drawing GA_3010 to the satisfaction of the Planning Authority prior to the commencement of works on site and shall be removed, including appropriate remedial and landscape reinstatement works to the satisfaction of the Planning Authority upon completion of the development hereby approved.
Reason: In the interests of maintaining pedestrian access routes within the Core Footpath Network.
18. That unless otherwise agreed in writing by the Planning Authority, Acoustic glazing and acoustic ventilation as outlined in table 4 and in Appendix C of the Technical Report R-8361-CL1-RGM, dated 29th January 2019 shall to be provided. Also, confirmation of the number of acoustic vents required in each room shall be provided and the minimum ventilator performance based on this, calculated. These details should be provided to and approved by the Council’s Protective Services, prior to construction commencing on site. Furthermore, installation of acoustic glazing and ventilation, within each dwelling, shall be validated by a suitably qualified acoustic consultant or acoustic engineer. A report detailing such validation shall be submitted to the planning authority prior to occupation of the completed properties.
Reason: In the interests of Residential amenity.
Background Papers:
Consultation Responses:
Strathclyde Partnership for Transport received 10.05.19. Traffic & Transportation received 06.05.19 and 15.07.19. Scottish Environment Protection Agency received 09.04.19. Scottish Water received 04.04.19. Scottish Power Environmental Planning received 15.04.19. Environmental Health (including Pollution Control) received 08.05.19 and 27.05.19.
Contact Information:
Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500
Report Date:
5th August 2019
Page 38 of 70 APPLICATION NO. 19/00353/FUL
REPORT
1. Site Description
1.1 The application site is a unique ‘island’ site set within the original layout of the New Town development located within the area of Kildrum, beyond the northern fringes of the town centre. The site has an area of 2.79 Hectares. It was formally occupied by three ‘Bison’ construction /high rise blocks (Stuart, Elliot and Morrison House) with a total of 162 flatted dwellings and an associated multi-storey carpark which have now been demolished. The original development of the site was part of the original design ethos for a high density hilltop new town with safe and quick pedestrian links to the town centre and adjacent neighbourhoods.
1.2 The site is bound by the A8011 to the north and west the main route through the town and North Carbrain Road to the south with the B8054 Lye Brae to the south. The site has unusual topography somewhat similar to a gently lopsided cake and generally slopes downwards from A8011northwest to southeast to a plateau leading onto North Carbrain Road. The site also drops approximately 8 metres from the northern most point of the site down to the footpath link at the southern end of the site. The site is heavily wooded on its northern-western and southern boundaries where it abuts the adjacent dual-carriageways.
1.3 An important and strategic core footpath runs through the site from the iconic pedestrian ‘snake’ bridge linking Seafar to the north down to the bus stops on North Carbrain Road and via an underpass into Kildrum and other areas beyond within the network thus linking neighbourhoods that would have otherwise been severed by the A8011.
2. Proposed Development
2.1 The proposal is to develop social housing for the Sanctuary Housing Association comprising of 133 flatted dwellings designed to ‘HAPPI’ standards with enhanced social spaces within the flats and the landscape and aimed at a 50+ demographic end user. The proposal aims to utilise the existing woodland on the northwest and southern boundaries to continue to provide a buffer from the adjacent roads whilst locating the new housing within the northern, western and southern parts of the site thus freeing up the south-eastern side of the site for substantial amenity open space. The flats would be served by private courtyard parking between the proposed blocks and the southern, north- western and northern boundaries which would be accessed via pends through the blocks. The proposed vehicular access is from North Carbrain Road and onto a meandering cud de sac street which terminates with a turning circle. Disabled parking would also be located to the front of the blocks. Public art works are also proposed within the front amenity space to honour the work carried out by Brian Miller the town artist who made a significant contribution to public art within the new town.
2.2 The proposed flatted development ranges in height from 4 storeys to 7 storeys with a varied roof form and plan to echo a more organic and less formal form of development. The higher elements are intended to provide ‘bookends’ as well as landmarks and entrance features into the site. A uniform palette of dark grey smooth rooftiles, contrasting brick, Aluminium clad windows and Red zinc cladding to landmark and bookend blocks is proposed throughout the site in order to ensure visual cohesion. The proposed northern block is arc shaped to echo the northern boundary of the site and 6 and 7 storeys high in order to take advantage of panoramic views to the north. All proposed roofs are traditional dual-pitched.
3. Applicant’s Supporting Information
3.1 The applicant has provided a comprehensive suite of supporting documentation including a Planning Design and Access Statement, a Transport Statement, a Noise Impact Assessment, a revised Street Engineering Review, a Ground Investigation report and a Protected Species survey.
Page 39 of 70 4. Site History
4.1 The site history is as follows :- 13/02341/EIASCR (Demolition of 3no. Existing High Rise Residential Blocks and Replacement with New Residential Units Estimated to be Approx. 50/60) 13/01567/PAN Demolition of 3 No. High Rise Buildings and the Construction of Residential Development. 14/00440/PPP Demolition of 3 High Rise Buildings and the Erection of New Build Residential Flats including Landscaping, Roads and Car Parking in Principle 15/01588/MSC Demolition of 3no. High Rise Buildings and the Erection of 45 Houses including Associated Landscaping, Roads and Car Parking. 17/01730/PAN Demolition of Existing 3 High Rise Blocks and Deck Access Parking and Construction of Flatted Residential Development (103.Units) and Associated Infrastructure.
5. Development Plan
5.1 The site lies within an established residential area where the relevant policy is HCF 1 A which seeks to protect existing residential amenity within established residential areas by limiting development to uses appropriate to residential areas subject to appropriate development standards.
6. Consultations
6.1 Strathclyde Partnership for Transport has noted that there are no changes to the existing bus stops and have requested that they remain operational during construction of the development and that the existing footpath through the site will be diverted.
6.2 The Scottish Environment Protection Agency has no objections to the proposal and has provided standard advice including advice regarding Sustainable Urban Drainage.
6.3 Scottish Water has confirmed that there are no capacity issues with regard to water supply or sewage treatment for the proposed development.
6.4 N.L.C. Protective Services concur with the findings of the Peer Review of the Ground Investigation Report in that only minor remediation works are required. Protective Services has stated that the site constitutes the exceptional circumstance that would make a windows closed and alternative ventilation strategy as identified in the road Noise Impact Assessment acceptable (redevelopment of an urban site close to the town centre previously occupied by housing). As such, Protective Services have advised that appropriate conditions be applied to ensure an acceptable closed window ventilation solution.
6.5 N.L.C. Roads and Transportation has provided detailed comments which has led to design amendments to the proposed layout, most notably the access street to the front of the proposed development. N.L.C. Roads and Transportation has also commented that the parking provision is sub-standard in terms of council standards in that 191 spaces are to be provided and 210 are required. Further details have been provided which explain how vehicular speeds will be restricted to 10 mph within the site through design details.
7. Representations
7.1 No representations have been received as a result of the pre-application public consultation exercise or as a result of the neighbour notification newspaper advert.
8. Planning Assessment
8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance there are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. Therefore the proposal
Page 40 of 70 requires to be determined under the terms of the North Lanarkshire Local Plan and any other material considerations.
8.2 In this case, in principle, residential development is appropriate as the site is within a residential area and the proposal is to replace demolished housing with a replacement residential development. As the site is an ‘island’ site the proposal does not significantly impact on residential amenity. In this context, it leaves the proposal to be assessed against policies DSP 3, Impact of Development and Policy DSP 4, Quality of Development in the North Lanarkshire Local Plan requires.
8.3 In relation to DSP3 (Impact on Infrastructure) it is considered that there are no significant issues with regard to the potential impact of the proposal on existing infrastructure as confirmed by consultation responses.
8.4 With regard to DSP4 (Quality of Development) an assessment has to be made. With regards to the proposed layout, it is considered that the proposed layout complies with Council’s space standards for residential development. It is further considered that the layout is acceptable in terms of there being no potential amenity issues such as privacy/overlooking, adequate parking, amenity space and the amenity planting around the southern, western and northern boundaries to be retained. In terms of design, the proposed flatted dwellings are considered to be of an acceptable design and whilst some comments are given by NLC Transportation in respect to the internal layout, it is noted that the proposed site has been designed to take account of national policy guidance ‘Designing Streets’ in order to create a greater sense of place and provide a nature of street design that is more integrated and considered from a design perspective. Overall, it is accepted that a more design-led approach to the development has been achieved, whilst satisfactorily demonstrating functionality, safety and a good degree of passive surveillance from the proposed housing. The layout has also been supported by an updated Street Engineering Review. Comments from NLC Roads and Transportation regarding the relationship of the site with the wider public road network (visibility splays etc) have been addressed through revised drawings and the extent of the roads within the site to be adopted clarified (the main access road and roundel). From a planning perspective, it is highlighted that there are many aspects of the layout that have merit and looking at the layout as a whole and differing views on the approach taken in some instances are limited. It is considered that the proposed redevelopment of the site will result in a greatly enhanced physical environment and resultant residential amenity whilst safeguarding and enhancing the strategic core footpath network within the town.
8.5 In terms of consultation responses, appropriate conditions can be applied where necessary. With regard to parking provision the comments of N.L.C. Roads and Transportation are noted, however, the level of parking provision is considered to be acceptable in this case due to the more senior demographic of the end users identified by Sanctuary Housing Association and the close proximity of the site to the town centre. The site is also served by public transport.
9. Conclusions
9.1 It is therefore considered for the above reasons that the proposed development is acceptable in policy terms and is acceptable in terms of design and residential amenity and furthermore accords with the strategic aims of the Council in terms of providing good quality housing stock for residents within the council area. This application is therefore recommended for approval subject to the imposition of appropriate planning conditions.
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Application No: Proposed Development:
19/00375/FUL Proposed Early Learning Centre and associated car parking.
Site Address:
Site At Carbarns Netherton Wishaw
Date Registered:
17th April 2019
Applicant: Agent: North Lanarkshire Council Lorna Denholm Civic Centre Norr Consultants Ltd Windmillhill Street Suite 1A, Skypark 5 Motherwell 45 Finnieston Street UK Finnieston ML1 1AB Glasgow UK G3 8JU
Application Level: Contrary to Development Plan: No
Ward: Representations: 21 Wishaw 29 letter(s) of representation received. Bob Burgess, Angela Feeney, Fiona Fotheringham, Jim Hume,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan 2012. The proposal can be accommodated without detriment to the surrounding area.
Page 42 of 70
Reproduced by permission of Planning Application: 19/00375/FUL the Ordnance Survey on Name (of applicant): North Lanarkshire behalf of HMSO. © Crown Copyright and database right Council 2009. All rights reserved. Site Address: Site At Ordnance Survey Licence Carbarns number 100023396. Netherton Wishaw North Lanarkshire Development: Proposed Early Learning Centre and associated car parking.
Page 43 of 70 Proposed Conditions:-
1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings
Reason: To clarify the drawings on which this approval of permission is founded.
2. 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: In the interests of traffic and pedestrian safety.
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 and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To safeguard the residential amenity of the area.
5. 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:-
e) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; f) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; g) 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 h) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site
Reason: In the interest of the amenity of the site and the general area.
6. That all works included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interest of the amenity of the site and the general area.
7. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollutant linkages and a conceptual site model. Depending on the results of the investigation, a Detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity
Page 44 of 70 and wellbeing of future residents of the site.
8. That any remediation works identified by the report agreed in terms of Condition 7 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. Once completed a certificate (signed by a suitably qualified Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.
9. Prior to works starting on site, revised plans shall be submitted for approval showing:
. Vehicular access should not be taken from the turning facility located at the termination of Grange Avenue ( notwithstanding the approved drawings) . Vehicular access to the car park from Carbarns should be taken via a 5.0m minimum width dropped kerb vehicular access . Visibility splays of 4.5m x 60.0m to be provided in both directions from proposed access along Carbarns . The new section of 2m footway fronting the site on Carbarns should be extended to tie in with Curran Avenue to the east of the site. Thereafter, the development shall be implemented in accordance with the approved revised plans.
Reason: In the interests of traffic safety.
Background Papers:
Consultation Responses:
Scottish Water received 23rd May 2019 Pollution Control Services received 14th May 2019 Road Services received 1st of August 2019 Greening Services received 14th May 2019 The Coal Authority received 23rd May 2019
Contact Information:
Any person wishing to inspect these documents should contact Ms Shahida Bashir at 01236 632500
Report Date:
9th August 2019
Page 45 of 70 APPLICATION NO. 19/00375/FUL
REPORT
1. Site Description
1.1 The application site is located on the south west edge of Wishaw, with an established residential area. The site is an open landscaped area sited between Grange Avenue and Carbarns. The open space extends further to the east and west and is bounded by residential properties. The site is generally level with only a metre change from north to south.
1.2 Views of the site are contained to close views from the surrounding open space and residential properties.
1.3 There are presently two pedestrian access paths which cut through the open space. The proposal is to be sited within the space between these paths. Although out with the application site boundary both paths are to be retained, with the path to the east of the application site to be re aligned to suit the developed area.
2. Proposed Development
2.1 The proposed new Early Learning Centre will be one of nine proposed new build facilities across North Lanarkshire as part of the North Lanarkshire Council Early Years Expansion Programme. Each site is considered to be unique and each will provide new, readily accessible access to Early Years Childcare within their respective neighbourhood.
2.2 The proposed nursery school is to provide 40 full time equivalent nursery provision for three to five year olds with nine new members of staff. The building is proposed to be approximately 6m in height and 240sqm in floor area, with approximately 2360sq.m. of external space.
2.3 The proposed nursery building is to have a pitched roof and be rectangular in shape. The external finishing materials will be a mix of modern materials (i.e. Metal, brick and wood effect panels) to both contrast and complement the existing materials found on neighbouring buildings.
2.4 The nursery is to be accessed by service vehicles from the turning head on Grange Avenue and publicly (staff and users) from Carbarns via separate pedestrian and vehicular access.
2.5 The new building is proposed to be located centrally on the site, giving it prominence. The external space will be located north of the building.
2.6 There is to be a total of 17 car parking spaces proposed. Barrier arms are to be installed on to both entrances of the car park. These will be in operation out-with the hours of the nursey school to prevent unauthorised use of the car park.
3. Applicant’s Supporting Information
3.1 A Design Access and Transport Statement have been provided as part of the planning application submission, which make reference to the need for this type of building, the open plan internal layout proposed and provide data on transport etc.
4. Development Plan
4.1 The application site is designated under the Residential Areas policy HCF 1. The proposal will also be considered against policy DSP 4 Quality of Development.
Page 46 of 70 5. Consultations
5.1 Scottish Water: No objections. Pollution Control Services: No objections subject to conditions i.e. SI, noise, lighting etc. Road Services: No objections subject to conditions i.e. access should not be taken from the turning head on Grange Avenue, The new foot path should be extended to tie in with Curran Avenue (east of site), require a 4.5m x 60.0m visibility splay on Carbarns, 23 car parking spaces are required. Greening Services - Landscape: No objections subject to conditions i.e. tree survey, landscaping plan The Coal Authority: No objections.
6. Representations
6.1 29 letter(s) including a petition (with 217 signatures) of representation received from local residents with the following comments/concerns:
. Welcome nursery facility . Proposed location currently offers a great, well needed safe green space for wildlife, children, walkers, dog walkers, and should be protected. Will it be replaced? . Loss of mature trees. . Proposal contrary to Scottish Government policy to tackle climate change - Area valued by locals, loss will detrimentally affect resident’s sense of well-being. . Increase risk of flooding/drainage, potential to damage road and property. . Traffic safety implications - Exacerbate existing traffic congested road with pressures already on parking spaces. . Recent proposal refused due to traffic concerns. . How are emergency services to access site safely? Has any Traffic Assessments been carried out? . Proposal contrary to local plan. . Note insufficient car parking, can it be concluded that staff and parents wont park on street? . The proposed hours of operation 8am till 6pm will cover the morning rush hour already covers the times when children walk to Netherton Primary School. . Community Consultation should take place. . The building does not integrate well into the local area. The design and materials proposed would be better suited in Netherton Industrial Estate. . The design of the building will not benefit the wellbeing of the children as the external play space is located on the north side of the building and would be thus overshadowed. . Proper site investigation work have not been fully carried out of the site. There are areas of the site which have not been covered by the Geo Technical report i.e. play room, development play, cloak room, majority of the external play space, etc. . Site above ground septic tank and high levels of carbon dioxide found on the site due to this land being previous mine works may result in potential health risks to users. . What impact has been given to the natural environment? . Noise will affect health. . Will set a precedent . View will be obstructed
7. Planning Assessment
7.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against local plan policies. In this instance, the North Lanarkshire Local Plan 2012 is relevant.
7.2 Policy HCF1: Discourages development which is detrimental to residential amenity in primary residential areas. It also states that development of an ancillary nature may be acceptable (e.g. guest houses, children’s nurseries etc.) subject to impact on residential amenity and provision for servicing and parking. In principle, therefore, the proposal accords with this policy.
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7.3 Policy DSP 4: Considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria.
7.4 The use itself is considered to be compatible in terms of its ancillary nature to the residential area. Although the open grassed area will be reduced in size, majority of it will still remain allowing for the continuous use of the open space. As such the proposal complies with Policy HCF1.
7.5 With reference to the design and amenity aspects of Policy DSP 4, it should be noted that both neighbouring pedestrian footpaths are to remain although one it to be realigned. The proposed design and materials of the extension are considered to contrast and complement the materials found on its existing neighbouring surroundings. With regards to amenity (i.e. overshadowing, overlooking, noise etc.) the proposal is unlikely to have any detriment to residential amenity due to its location, orientation, size, scale and nature of use, it is therefore considered to be compatible in terms of its ancillary nature to the residential area.
7.6 With reference to the roads matters, it has been agreed by the agent that access shall not be taken from Grange Avenue. In-terms of parking, although, there is enough site capacity to get closer to the roads service recommendation on parking provision, it is considered that the proposed provision of 17 parking spaces reflects a reasonable balance between roads requirements and amenity of the residential area. This is due to the staggered nature of nursery pick-ups and drop-offs and the need to accommodate other more sustainable transport modes, such as walking and cycling, as opposed to exclusive use of motor vehicles, (especially given that the site was chosen due to its central location within the heart of the community). The staggered nature of the nursery model in terms of drop offs and pickups is likely to result in minimal impact.
7.7 Also, a separate pedestrian entrance is proposed to be taken directly from Carbarns. This entrance is considered to be acceptable as it will be distanced from manoeuvring cars, allowing for safer access to the nursery and thereby encouraging users to walk to the nursery
7.8 The proposed barrier arm which is to be situated at the entrance to the car park at Carbarns is there to discourage unauthorised use of the car park out-with operational hours. Therefore, it will only be operational when the nursery is not in use and should therefore not result in queuing traffic.
7.9 The greening service input regarding drainage, landscaping and levels have also been considered and can be addressed via conditions.
7.10 In response to the representations received, the agent has advised that the site was chosen due to its location being within walking distance of the community it plans to serve. Also, the building had been sited to avoid being built upon a known underground mine shaft and to minimise the loss of any significant trees. The loss of greenspace/natural environment is unfortunate, however the need for this community facility and the fact that almost 2/3rds of the open space will still remain does not justify a refusal. The size of the remaining landscaped area as a whole is considered to be sufficient for residents to be able to walk their dogs, allow their children to play etc.
7.11 With reference to concerns in relation to traffic safety, a Transport Statement has been submitted and road services have not objected. Also, due to its central location, of the nursery, users are likely to walk to the nursery, and the staggered nature of nursery pick-ups and drop-offs is unlikely to result in exacerbating the existing “morning rush hour traffic”.
7.12 The planning application was advertised in the local paper and all neighbours within 20m of the application site were notified. It should be noted that as this application is at a local level, it does not require a formal community consultation to be carried out.
7.13 Although, the external materials are modern they are considered to contrast and complement their surroundings.
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7.14 Pollution Control Service and the Coal Authority have not objected to the proposal and have not highlighted any concerns with regards to health issues. Construction noise was highlighted and can be addressed under Pollution Control jurisdiction. Any issues concerning drainage / site investigation works can be addressed via conditions.
7.15 In relation to setting a “precedent”, it should be noted that each application is assessed on its own merits and that the loss of views are not material planning considerations.
8. Conclusions
8.1 Taking all the above into consideration and the need for a community nursery facility within the local area, it is recommended that planning permission be granted subject to conditions.
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Application No: Proposed Development:
19/00416/FUL Erection of two detached dwellinghouses
Site Address:
Site To North East Of Macinnes Drive Newarthill Motherwell
Date Registered:
16th April 2019
Applicant: Agent: Mr Daniel Smith N/A 22 Gowkhall Avenue Newarthill By Motherwell ML1 5JF
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 18 Motherwell North 3 letter(s) of representation received. Olivia Carson, Shahid Farooq, Pat O'Rourke, Ann Weir,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The general principle of residential development on this greenbelt site has already been established by Planning Permission in Principle (PPP) for one dwellinghouse, ,and the proposal has demonstrated that two dwellinghouses can be developed on the application in accordance with the design and quality criteria of local plan policy DSP4.
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Reproduced by permission of Planning Application: 19/00416/FUL the Ordnance Survey on Name (of applicant): Mr Daniel Smith behalf of HMSO. © Crown Copyright and database right Site Address: Site To North East Of 2009. All rights reserved. Macinnes Drive Ordnance Survey Licence Newarthill number 100023396. Motherwell Development: Erection of two detached dwellinghouses
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Proposed Conditions:-
1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings
Reason: To clarify the drawings on which this approval of permission is founded.
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 and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To safeguard the residential amenity of the area.
4. That prior to the commencement of development the applicant shall submit a scheme of intrusive site investigation works for approval in relation to shallow coal mine workings to ensure the safety and stability of the proposed application site. The applicant shall thereafter implement the approved scheme of intrusive site investigations and provide a report of the findings.
Reason: To ensure the mineral stability of the site.
5. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site.
6. That any remedial works and their implementation identified in terms of condition 5 above shall be carried out to the satisfaction of the Planning Authority. Before any house is occupied a certificate (signed by a suitably qualified Geotechnical Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents of the site.
7. That should development not have started on site by 21st August 2019, a further Badger walkover study will be required to be carried out and submitted and approved by the Planning Authority. As a result of the walkover study, should any remediation measures be required for the relocation of the badgers, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority before works commence on the site.
Reason: In order to comply with The Protection of Badgers Act 1992 and the Wildlife and Countryside Act 1981 and amendments including the Nature Conservation (Scotland) Act 2004.
8. 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:-
Page 52 of 70 a) details of any earth moulding and hard landscaping, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site
Reason: In the interest of the amenity of the site and the general area.
9. That before each house hereby permitted is occupied:
a) 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. b) a 2.0m wide footway to be provided over the frontage of each dwelling. c) a turning facilities to be provided within the curtilage of each site to enable all vehicles to enter and leave in a forward gear.
Reason: To ensure the provision of adequate access and parking facilities for the site.
Background Papers:
Consultation Responses:
Scottish Water received on 24th April 2019 Education Service received on 29th April 2019 NLC Greenspace Service received on 14th June 2019 Road Services received on 1st August 2019 Pollution Control Service received on 26th April 2019 The Coal Authority received on 29th April 2019
Contact Information:
Any person wishing to inspect these documents should contact Ms Shahida Bashir at 01236 632500.
Report Date:
9th August 2019
Page 53 of 70 APPLICATION NO. 19/00416/FUL
REPORT
1. Site Description
The application site is a square shaped area of greenbelt land approximately 0.16 hectares in size, (40m x 40m) located directly adjacent to Macinnes Drive which forms the north east boundary of Newarthill (as defined in the North Lanarkshire Local Plan 2012). The site would be accessed from High Street (B7066) which is a main thoroughfare running from Motherwell, through Carfin and Newarthill before joining the M8 at Junction 6.
1.1 The site neighbours on to open land to its north, south and east with new build residential properties located to its south. A high hedge bounds the site from High street, a rear timber fence to its west with the remaining boundaries having open aspects. The site is not maintained and slopes down from west to east and south down to north.
1.2 The site presently benefits from Planning Permission in Principle (PPP) for a dwellinghouse (ref.no: 17/00062/PPP) and is restricted via condition to one house only. The site, along with the larger field around it has been allocated as a housing opportunity (06-17) in the North Lanarkshire Council Local Development Plan - Modified Proposed Plan).
2. Proposed Development
2.1 The proposal seeks full planning permission for the erection of two pitch roofed, detached dwellinghouses with separate garages. Each house would have five bedrooms and be two storeys in height. Both properties are proposed to have generously sized driveways (with a minimum of three parking spaces each) which are proposed to be accessed from High Street. Materials have not yet been specified but proposed to be similar to the neighbouring properties.
3. Applicant’s Supporting Information
3.1 The agent has submitted a supporting statement as part of the planning application submission highlighting the following points: . Similar developments have been constructed on what is now known as Macinnes Drive and adjacent land allocated for housing in the final consultative draft of NLC. . Each house is considered to make a positive contribution to the local housing market area - where there is a shortage of family accommodation of this type. . The development and the employment created by this will help stimulate the local economy and build further confidence in the Newarthill housing market. . The location is served by good public transport. . The development is consistent with existing consent and represents a sustainable and appropriate use of this land. . Proposed parking meets NLC standards. . Regarding trees - there are no protected species on site and the frontage has some hawthorn bushes which will be removed. . Proposal presents a good opportunity to deliver more high quality modern housing within an existing settlement.
4. Site History
17/00062/PPP Planning permission in principle for one Dwellinghouse (in Principle) granted 22.03.2017.
5. Development Plan
The application raises no strategic issues and can therefore be assessed in terms of local plan policies. The application site is designated as greenbelt in the North Lanarkshire Local Plan under Policy NBE 3A.
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The proposal will also be considered against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development on community facilities and infrastructure) and DSP 4 (Quality of Development).
6. Consultations
6.1 Scottish Water: No objections, however require a formal connection application to review capacity. Education Services: The service will not request a developer contribution in respect of this proposal as it is anticipated that the pupil product from the two units will have little impact on the local school estate. NLC Greenspace Services: No objections subject to conditions i.e. badger, bird surveys Road Services: No objections subject to conditions i.e., minimum 4 car parking spaces each, visibility splays, turning facility etc. Pollution Control: No objections subject to Site investigation conditions. The Coal Authority: No objections subject to condition.
7. Representations
Three letter(s) of representation received. The following concerns were expressed: . Loss of view . Drop in value of property . Local resident will move and relocate their small business to another area affecting a few local employees. . Generate noise during construction . Exacerbate drainage problems and existing poor levels of water pressure. . Development will result in loss and disturbance to wildlife and access to the countryside. . Development contrary to Article 1 and 8 of the Human Rights Act (right to peaceful enjoyment of all their possessions and respect for their private and family life. . Loss of privacy . Traffic generation . Proposed development unsightly . Likely to result in loss of light.
8. Planning Assessment
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the adopted North Lanarkshire Council local plan policies.
8.2 The site is designated as green belt within the North Lanarkshire Local Plan under Policy NBE 3A. The proposal also requires to be considered against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development on community facilities and infrastructure) and DSP 4 (Quality of Development).
8.3 The NBE 3A green belt policy seeks to restrict development to acceptable types where there is a justification in terms of agriculture, forestry, horticulture, telecommunications, power generation or other uses appropriate to a rural area including coal extraction, outdoor recreation, education and tourism that are compatible with an agricultural or natural setting. As stated earlier within this report, the site benefits from PPP for a dwellinghouse. Therefore, in terms of residential use, the proposal has already been assessed against Policy NBE 3A and considered to be acceptable in principle.
8.4 Policies DSP 1 – DSP 4 also require to be considered. Under policy DSP 1, there is no justification required in terms of supply and demand as the size of development is below the threshold of ten units. Also, bearing in mind that this site was put forward for housing opportunity within the North Lanarkshire Council Local Development - Modified Plan, is due to be considered at DPEA examination and benefits from PPP, policy DSP 2 is not applicable. In relation to DSP3 (Impact on Infrastructure), there would not appear to be any significant issues with regard to the potential impact
Page 55 of 70 of the proposal on existing infrastructure. It would be for the applicant to satisfy Scottish Water as regards formal connections to infrastructure.
8.5 With regard to DSP4 (Quality of Development), the proposed development in terms of its design, size, scale, layout and material in this case is considered to be acceptable and in keeping with the neighbouring dwellings. Also, due to the design and orientation of the dwellinghouses, there is unlikely to be any detriment to privacy or daylight.
8.6 Road services have not objected as the site lends itself to ample parking provision and a rear garage and is likely to meet their recommended conditions. Also, the proposal will benefit from sufficient rear garden space. Taking all the above into consideration the proposal is considered to comply with Policy DSP4.
8.7 As regards any further material considerations, the various issues raised by objectors have been taken into account.
Comment: Local resident will move and relocate their small business to another area affecting a few local employees.
Response: The principle of residential development has already been set
Comment: Exacerbate drainage problems and existing poor levels of water pressure. Response: Any drainage issues would require to be resolved between the developer and Scottish Water under a separate statutory consents process before development can take place on site.
Comment: Development will result in loss and disturbance to wildlife and access to the countryside. Response: Green space have been consulted and the protection of species is covered by condition of this permission.
Comment: Development contrary to Article 1 and 8 of the Human Rights Act (right to peaceful enjoyment of all their possessions and respect for their private and family life. Response: The proposal in-terms of its design, scale and use is unlikely to have any detriment to residential amenity and is therefore considered to be acceptable.
Comment: Loss of privacy. Response: The proposal can take place without any privacy infringement relating to existing residential uses.
Comment: Traffic generation. Response: The proposal has been assessed by our roads development service, and no concerns were raised about the traffic generation capacity of the two additional dwellinghouses.
Comment: Proposed development unsightly. Response: The design of the dwellinghouses and plots would be comparable and integrative with nearby developments in the locality.
Comment: Likely to result in loss of light. Response: The proposal can take place without any daylight infringement relating to existing residential uses.
8.9 The other matters raised (i.e. relating to loss of view, drop in property values, construction noise) are not material planning considerations.
9. Conclusions Taking the planning history of the site, the zoning in the proposed LDP and the quality of the proposed development into account, the application is hereby recommended to be granted subject to conditions.
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Application No: Proposed Development:
19/00509/FUL Construction of 7 Dwelling Houses and 12 Flatted Dwellings.
Site Address:
Site At Berwick Street Shawhead Coatbridge
Date Registered:
26th April 2019
Applicant: Agent: North Lanarkshire Council Coltart Earley Civic Centre 559 Sauchiehall Street Windmillhill Street Glasgow Motherwell G3 7PQ ML1 1AB
Application Level: Contrary to Development Plan: Local Application No
Ward: 11 (Coatbridge South) Representations: Cllrs. C. Carracher, T Castles MacGregor and G. 8 letters of representation received. Woods
Recommendation:
Approve subject to conditions
Reasoned Justification:
The proposed development is considered to accord with the aims of North Lanarkshire Local Plan. In terms of design it is considered that the development will integrate satisfactorily, creating a sense of place in line with the aims design policy. As such, is considered to be in accordance with the relevant policies contained in the North Lanarkshire Local Plan 2012 and could be accommodated without unacceptable detriment to the character and amenity of the surrounding area.
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Reproduced by permission of the Planning Application: 19/00509/FUL Ordnance Survey on behalf of Name (of applicant): HMSO. © Crown Copyright and database right 2009. All rights Site Address: Site At reserved. Ordnance Survey Licence Berwick Street number 100023396. Shawhead
Coatbridge North Lanarkshire Development: Construction of 7 Dwelling Houses and 12 Flatted Dwellings.
Page 58 of 70 Proposed Conditions:-
1 That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings include: L(20)001 , L(20)002 , L(20)003 , L(20)004 , L(20)005 , L(20)006, L(20)007, L(20)008, L(21)001, L(21)002, L(21)003, L(21)004 , L(21)005, L(21)006, L(21)007, L(90)100 & L(90)200.
Reason: To clarify the drawings on which this approval of permission is founded.
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 and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.
3. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments, 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. For the avoidance of doubt this scheme shall include structure planting along the west boundary of the site. (c) A timetable for the completion of these works contemporaneously with the development.
Reason: To enable the Planning Authority to consider these aspects.
4. That before the development hereby permitted is brought into use, 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 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 environmental amenity of the area.
5. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.
Reason: To ensure that the site is free of contamination in the interests of the amenity of future occupants.
6. That any remediation works identified by the site investigation report required in terms of Condition (5) above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation
Page 59 of 70 of the business units hereby approved. Before any of the dwellinghouses are occupied a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure the site is free of contamination in the interests of the amenity of future occupants.
7. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
8. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site
Background Papers:
Consultation Responses:
Traffic & Transportation memorandum received 20th June 2019 Environmental Health memorandum received 14th May 2019 Education memorandum received 31st May 2019 Scottish Water letter received 14th May 2019
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500
Report Date:
9th August 2019
Page 60 of 70 APPLICATION NO. 19/00509/FUL
REPORT
1. Site Description
1.1 The site is rectangular in shape, covers an area of 0.6 hectares and forms a landscaped area of passive public open space within the general urban area of Shawhead, Coatbridge, which is characterised by undulating landform that has been grassed and planted with trees. The site is bounded to the school grounds of St. Bernard’s and Shawhead Primary schools to the east, two storey, terraced residential dwellings (Berwick Street) to the north, two storey, terraced residential dwellings (Neidpath Avenue) to the south. An area of public open space lies to the west.
2. Proposed Development
2.1 The application proposes the construction of 7 dwelling houses and 12 flatted dwelling houses formed around a single access road on to Berwick Street, Coatbridge. The applicant proposes a mix of 7 house types over the site including the following:
o 4 two storey semi-detached dwellings. o 3 single storey semidetached dwellings (Wheelchair access) o 12 two storey flatted dwellings
All the above house types will have dual pitched roofs and be finished in a mix of concrete roof tiles and dark and light facing brick arranged in block areas according to brick type.
Two storey flats will have their principle elevations facing into the proposed development and rear elevation facing Berwick Street. Similarly, the remaining house types will face into the site and have their rear elevation facing Neidpath Avenue. The development layout is arranged around a central access road leading to a series of parking courts. Each block conjoined house types of which there are 10 will have their own garden amenity ground, dedicated parking and refuse arrangement. The site is connected to the wider footway network to the north, east and west boundary. There are intermittent small areas of open space for landscaping.
3. Applicant’s Supporting Information
3.1 The applicant has submitted no additional supporting information.
4. Site History
4.1 The site being and area of passive public open space in the urban area has no significant or recent planning history.
5. Development Plan
5.1 The Development Plan consists of the Clydeplan Strategic Development Plan 2017 and the North Lanarkshire Local Plan. The application is not of strategic significance by virtue of Schedule 14 due to the site area and location (general urban area). The principle policy designation of the site in the adopted Local Plan protects the residential amenity of the wider area from inappropriate development.
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6. Consultations
6.1 The following consultation responses have been received:
Transportation has no objection to the proposal subject to conditions on existing roads and servicing and parking.
Protective Services provided comments on construction noise, hours of operation, and dust suppression from construction activity. It was also advised that a comprehensive site investigation is required before the development starts to ensure that potential risks arising from previous land uses around the site have been fully assessed.
Learning & Leisure (Education) confirmed that site lies within the catchment area of Shawhead Primary school and St Bernard’s Primary school. Pupils from these schools ordinarily transfer to Coatbridge High school and St Andrew’s High school for secondary provision. The Education Service does not anticipate capacity issues in the schools in this local area in the near future. The Service will not, therefore, request a Developer Contribution in respect of the proposed development at this time.
Scottish Water has no objection to the proposal.
7. Representations
7.1 Following the standard neighbour notification process 8 letters of representation were received (11 letters in total were received with one household submitting two letters and one submitting three) and may be summarised as follows: The proposal will reduction in road safety and amenity to the surrounding residential area. Comments have also been provided on planning procedure and a number of miscellaneous contentions were proposed. This is discussed in section 8 below.
8. Planning Assessment
8.1 This application seeks planning permission for the construction of 19 residential units within an established residential area.
8.2 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues and therefore it can be assessed in terms of local plan policy below.
8.3 Policy HCF 1A protecting residential amenity in residential areas applies to this site where the Council will maintain existing levels of residential amenity in residential areas The proposal to develop this open space area within the residential area for residential purposes accords with the principle policy, and in doing so concurs with the Local Plan. That said the following Development Strategy Area Policies (DSAP) merit consideration.
8.4 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. No Significant impact was identified through the consultation process. The proposal therefore complies with the principle of policy DSP3.
Page 62 of 70 8.5 Policy DSP 4 Quality of Development considers more development site specific impacts, and provides a range of assessment criteria set out below which are addressed in turn below:
8.6 Part 3(a) of the policy considers Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour, materials and landscaped space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. For the purposes of this report parts 3(a) and (f) have been considered together as they are so closely linked in terms of the overall assessment.
8.7 The proposed house types do not represent a significant departure from existing built form immediately adjacent on the site boundary. As such, will not have a significant impact on existing townscape and may be seen as positive in the context of the wider significant regeneration benefits. On balance therefore the wider townscape impacts of the development are considered to be within acceptable limits due to the design of the proposed flatted dwellings and the materials proposed. It is also acknowledged that the overall build footprint within the site continues to fall within acceptable limits.
8.8 In considering part 3(b) of the policy which looks at whether the proposal provides a safe inclusive convenient and welcoming development which has attractive pedestrian links, integrates with public transport, wider links and assesses the access for cars and appropriate car parking, it is considered that the proposal complies with this part of the policy.
8.9 In considering Part 3(d) of the policy mitigating potential air quality, noise or pollution impacts, and no significant impact is anticipated virtue of the scale and type of development. During construction the constructor should adhere to best practice, though this fall out with the control of the planning legislation It is acknowledged that there is potential for noise associated with construction works; however, this impact is regulated by other services, with the completed development constituting of everyday noise associated with any residential development. It is considered that the proposal complies with this part of the policy.
8.10 No drainage strategy has been submitted, however, this may be considered in detail by planning condition on the consent requiring the implementation of the scheme to be certified and signed off by a chartered engineer as complying with SEPA’s guidance on SUD’s on completion of drainage works. As such the proposal is able to comply with Part 3(e) Protecting Water bodies and SUDS/Drainage.
8.11 Given the foregoing, the design and layout is considered to accord with policy HCF1A and satisfy the terms of policy DSP 4 in the North Lanarkshire Local Plan.
Other material considerations:
8.12 Consultees: Notwithstanding, matters raised above in consultation responses, suitable planning conditions in relation to the following ;soft and hard landscaping, Scottish Water approval, drainage certification, site investigation / potential remediation and final finishes are recommended. In response to roads comments the proposal meets the conditions on the existing Roads and where appropriate conditions relating to parking and servicing. In turning to other matters raised these are considered to relate to the general site management, as such, do not merit further assessment.
8.13 Representation: The following comments are made in respect of the issues raised in letters of representation:
Page 63 of 70 Road Safety
There are road safety concerns as the surrounding road network serves two schools with no turning facilities, in that, the proposal will result in traffic congestion at peak times (school pick up/drop off).Traffic impact on surrounding junctions is considered significant and construction traffic will add to an already congested area. Parking levels within the site are also inadequate and objector considers the development access to be in the wrong position.
Comment: In providing comments on the proposal the Roads Service does not object to the proposal on road safety grounds with the design meeting the requirement of their recommendation where appropriate. The proposal while recognising that there may be periodic traffic congestion during construction, it is for the constructor to manage construction related activities and residents visitors near the site to modify driver behaviour appropriately to all situations they encounter. Post development the design is considered acceptable.
Amenity
Residential amenity will be significantly eroded by virtue of overlooking resulting in loss of privacy to existing properties on Berwick Street and Neidpath Avenue. Increased noise and disturbance, impact on residential amenity by virtue of Loss of visual amenity, existing trees and green space used for informal local play provision. The proposal will also result in a reduction in daylight levels.
Comment: In considering the potential for loss of privacy it should be the distances between the new and existing properties range from 18 to 20 metres meeting the standard for window to window distances, as such, a significant loss of privacy is not anticipated. The application proposes a residential development within the residential area and the resultant noise and disturbance on completion of the development is anticipated to be equivalent to that found in the general urban area. The loss of green space and trees providing informal play has to be balanced against the Council generally meeting its housing requirements. Intervening distances will ensure that there will be no significant loss of Sunlight /Daylight to existing properties.
Procedural
Neighbour notification procedure not carried out correctly and no residents on Berwick Street and Neidpath Avenue have been notified despite an advert in the local press.
There was no opportunity to discuss the development with the local Authority in a formal format. Issues raised and questions asked at the drop in event held locally have not been addressed.
Planning application states that there are no trees within the application site, this should be amended on the plan.
Comment: While there was a delay in issuing notification letters, following validation, this was inconsequential as the neighbour notification procedure was thereafter carried out correctly and the requisite time period for comments adhered to. No advert was placed in the local press by the Planning Service as there is no requirement under the procedure to do so.
The application does not fall within the threshold of a Major category Development type and therefore did not require to be the subject of a public consultation exercise preceding the determination of a planning application as set out in the Development Management Procedures Circular 3/2013.
The planning application form has been amended to show trees are currently on the site.
Design and layout
Provision for emergency vehicles and refuse arrangements within the site is inadequate.
Page 64 of 70 Comment: The roads are to be constructed to standard which should allow for these vehicles.
Miscellaneous
The following comments made in respect of the issues raised in letters of representation are considered non-material for a planning application assessment.
No comments available from consultation exercise. Impact on house prices Antisocial behaviour currently occurring will worsen as a result of the development. No details of Site facilities and arrangements. Control of site noise and disturbance from site activities. No detail of site delivery arrangements. The site was rejected as a carpark but deemed suitable for a residential development. Development construction activity will impact on the health of adjacent residents by generating airborne dust. Money has been wasted greening this site only to develop it for residential. Other sites have been proposed for development and rejected these could have been developed in a more sustainable way.
9. Conclusions
9.1 Taking the above assessment into account it is considered that the proposal represents an acceptable development in that the development proposal accords with the provisions of the adopted North Lanarkshire Local Plan. There was no objections from consultees subject to condition. While the concerns expressed by neighbouring residents can be noted, the terms of objection cannot be sustained. It is therefore recommended that planning permission be granted subject to conditions.
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Page 66 of 70 AGENDA ITEM 3
North Lanarkshire Council Report PLANNING COMMITTEE
Agenda item ______approval noting Ref PH/ES Date 22/08/2019
PLANNING AND ENFORCEMENT NOTICE APPEALS LODGED
From HEAD OF PLANNING AND REGENERATION Email [email protected] Telephone 01236 632500
Executive Summary 1. Purpose of Report
1.1 This report is to advise the Committee of the undernoted planning appeal recently lodged with the Scottish Ministers.
Recommendations It is recommended that the Committee notes the position.
Background
Application No. Applicant Date of Council Form of Note & Proposal & Site Decision Appeal
19/00179/FUL Mr William 13.06.2019 Written Conversion and Brown Submission Extension of Water Site Off Storage Structure to Birniehill Road form a Dwellinghouse Hareshaw
18/01642/MSC Barratt Homes, 28.03.2019 Written Construction of 200 CALA Homes And Submission Dwellinghouses, Garnkirk Estates Associated Land To The Infrastructure, North Of Landscaping and Cumbernauld Engineering Works Road And East Of Hornshill Farm Road Stepps
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PAMELA HUMPHRIES HEAD OF PLANNING AND REGENERATION (22 August 2019)
Page 68 of 70 AGENDA ITEM 4
North Lanarkshire Council Report PLANNING SUB-COMMITTEE
Agenda item ______approval x noting Ref LB/SW Date 22/08/2019
NOTICE OF PLANNING AND ENFORCEMENT APPEALS DECISIONS
From HEAD OF PLANNING AND REGENERATION Email [email protected] Telephone 01236 632500
Executive Summary
1. Purpose of Report
1.1 This report is to advise the Committee of the recent decision in respect of the undernoted planning appeal.
Recommendations
It is recommended that the Committee note the decision in respect of this appeal.
Background
Application No. Applicant Appeal Decision Note & Proposal & Site & Date
18/00875/FUL Miller Homes Appeal Allowed Residential Development Ltd/SP 19th June 2019 of 61 Dwellinghouses Transmission PLC Former Sub Station Holytown Road Holytown North Lanarkshire
18/01782/FUL Mr & Mrs Appeal Dismissed Change of use of public Dickson 18th June 2019 footpath to domestic 12 Rowan Street garden ground Coltness Wishaw North Lanarkshire ML2 7EG
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PAMELA HUMPHRIES HEAD OF PLANNING AND REGENERATION (22-08-2019)
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