AGENDA ITEM NO....^.....^

North Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 17thMarch 2010

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 17th March 2010

Page Application No Applicant DevelopmentlSite Recommendation No 5 N/07/02040/FU L Dawn Group Ltd Construction of 1 I0 Grant Dwellinghouses Former Barrwood Quarry Stirling Road Kilsyth

16 N/09/00849/FU L WRG (Northern) and Grant (P) Ltd Treatment Facility Incorporating Main Building, New Access Road, Parking, Lagoon and Associated Circulation Roads External Plant and Machinery Perimeter Fence and Landscaping Greengairs Site Meikle Drumgray Road Greengairs

44 N/09/01128/FUL Glenboig Construction of Community Grant Neighbourhood Centre Including Function Hall, House (Mrs CafelRestaurant, Recording Teresa Aitken) Studio, Meeting Rooms, Offices, Creche, Shop, with Associated Parking, Wind Turbine (15m) and Landscaping Old Star Works lnchneuk Road Glenboig Coatbridge

55 N/10/00032/FUL Devro Ltd Erection of Temporary 60 Grant Metre High Wind Monitoring Mast Devro Ltd Gartferry Road Chryston

60 NI10/00080/FUL Caledonian Conversion of Existing Farm Refuse Properties Buildings to Form 3 Dwellings Limited and Construction of Replacement Dwelling Rushyhill Farm Robroyston Road Auchinloch Grant 66 N/10/00097/FUL Kidstore Part Change of Use from Childcare Ltd Former Retirement Home (Class 8) to Children's Nursery (Class 10) Burngreen Lodge Retirement Home Burngreen Kilsyth

72 N/10/00129/FUL Mr Chris Ross Minor Refurbishment Works Grant and Windows Installation 9A Constarry Road Croy

77 C/09/00867/FUL Mr Parvez Erect Building to Form Two Grant Shops to Ground Floor with Two Flats on First Floor 73 Corsewall Street Sum merlee Coat bridge

85 C/09/00999/FUL Mr Javed Construction of Two Grant Shakoor Commercial Units - Retail (Classl) and Hot Food Takeaway (Sui Generis) 5 Gartleahill Gartlea Airdrie

95 S/07/00558/AMD Raven Group Amendment to Approved- Grant (P) Developments a) Superstore, b) Parking Ltd & Tesco Layout, c) Service Yard and d) Stores Ltd Access/ Egress to Industrial Premises at Dundyvan Road Land At Belhaven Road Wishaw

103 S/09/01453/FUL TAL CPT Part Change of Use from Grant Land Class 4 (Business) to Class 11 Developments (Assembly & Leisure) to Form LLP Gymnasium, and Formation of Rear Plant Access Area Enclosed by Fence Unit 1 2 Parklands Avenue Eurocentral Holytown

(PI N/09/00849/FUL: If planning permission granted, decision notice should not be issued until Section 75 agreement concluded to amend the existing landfill legal agreement.S/07/00558/AMD: If planning permission is granted, decision notice should not be issued until Section 69 agreement concluded & payment is received relating to off site landscaping works. Application No: Proposed Development: N/07/02040/FUL Construction of 110 Dwellinghouses Site Address:

Former Barrwood Quarry Stirling Road Kilsyth

Date Registered:

24th December 2007

Applicant: Agent: Dawn Group Ltd Hypostyle Architects Ltd 220 West George Street 49 & 52 St Vincent Crescent Glasgow Glasgow G2 2PQ G3 8NG

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 001 Kilsyth I letter of representation received. Mark Griffin, Jean Jones, David Key,

Recommendation:

Reasoned Justification:

The proposal is considered to comply with the terms of the Kilsyth Local Plan 1999. The principle of residential development on the site has already been established by the granting of previous planning consents for residential development. The site can be developed for housing in a satisfactory manner which will enhance and not detract from the surrounding residential area in terms of design, layout, access, parking and landscaping.

Proposed Conditions:-

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

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

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

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

3. That within 4 weeks of the last dwellinghouse of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997., to monitor the development, to enable the Planning Authority to retain effective cont rot.

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

AL(0)901 Site Sections SK(0)OOl Rev. H Site Layout 1435-01 Location Plan 1435-10 Road Layout Rev E 1435-20 Drainage Layout Rev F 1435-30 Levels Layout Rev E 1435-32 1 Levels Rev C 1435-33 2 Levels Rev C 1435-34 3 Levels Rev C 1435-35 4 Levels Rev C Housetypes AR1, AR2 61, 62 BE1, BE2 CA, CA2 CRI, CR2 CR+SLl, CR+SL2 CNl, CN2 CUI, cu2 cu+1, cu+2 RDI, RD2 RH1, RH2 S-AI, S-A2 S-61, S-B2, S-B3

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

5. That the development hereby permitted shall not start, unless otherwise agreed in writing by the Planning Authority, until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage scheme for the site.

Reason: To ensure that there is satisfactory drainage provision.

6. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment : A Guide for Scotlandi and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat, SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated on the approved drawing for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority. The surface water drainage scheme shall include a management and maintenance scheme of the SUDSIdrainage system; for the avoidance of doubt this shall identify the infrastructure to be adopted by Scottish Water, the extent of the road drainage to be adopted by the Roads Authority and any factoring arrangements, including rights of access, for the maintenance of any remaining non adopted drainage infrastructure, including the cliff face.

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.

7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6; shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: to 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.

8 That before the development hereby permitted starts, plans and written information confirming that the proposed development confirms to the recommendations of the approved Flood Risk Assessment (or such other scheme as may be approved in writing by the Planning Authority) shall be submitted to, and approved in writing by the Planning Authority; the details shall include pipe soffit level and box culvert dimensions and shall include any measures that have not been covered by the Flood Risk Assessment, including embankment alterations and compensatory flood attenuation, with confirmation that such measures will have no worse than a neutral effect on flood risk.

Reason: To ensure that there is satisfactory drainage provision and that there will be no increased flood risk.

9. That before the development hereby permitted starts overflow routing for a 1 in 100 year storm event shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure that there is satisfactory drainage provision and that there will be no increased flood risk.

10 That before the development hereby permitted starts, full details of existing and proposed levels, including levels on immediately adjacent land, shall be submitted to, and approved in writing by the Planning Authority.

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

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

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

12 That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

13 That before the development hereby permitted starts, full details of the maintenance of the areas of fencing prohibiting public access to the upper level wildlifehature area shall be submitted to, and approved in writing by the Planning Authority; such fencing shall thereafter be maintained to the satisfaction of the Planning Authority.

Reason: In the interests of public safety by ensuring that there is not unauthorised access to the cliff top area.

14 That before the development hereby permitted starts, a scheme of landscaping, including lochan proposals, 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, turfing and footpath link provision; (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) nature conservation habitat creation; (e) details of the phasing of these works.

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

15 That within one year of the occupation of the first dwellinghouse hereby permitted (or such other timescale as is approved under condition 14, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 14 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

16. That before the development hereby permitted starts, a scheme, for the provision of two equipped play areas within the application site shall be submitted to, and approved in writing by the Planning Authority and this shall include:- (a) details of the type and location of play equipment, seating and bins to be situated within the play areas; (b) details of the surface treatment of the play areas, including the location and type of safety surfaces to be installed; (c) details of the fences to be erected around the play area, (d) details of the phasing of these works.

Reason: In the interests of residential amenity by ensuring that play area provision is appropriate for the site.

17. That before the development hereby permitted starts, a scheme, for the provision of public amenity areas and nature conservation areas within the application site shall be submitted to, and approved in writing by the Planning Authority and this shall include:- (a) details of a public amenity area to the north of the lochan and a non accessed nature conservation area to the south of the lochan; (b) details of fences to be erected around the non accessed areas, (c) details of the phasing of these works.

Reason: In the interests of public amenity and nature conservation.

18. That before occupation of the 5th last dwellinghouse within the development hereby permitted, all the works required for the provision of the equipped play areas, public amenity area(s) and nature conservation area(s) approved under the terms of condition 17 above shall be completed and thereafter maintained in accordance with details approved under terms of Condition 23 below.

Reason: In the interests of residential amenity, public amenity and nature conservation.

19 that no dwellinghouse shall be occupied until the required traffic lights at the access junction with Stirling Road are installed and operational, or such other timescale as may be approved in writing by the Planning Authority.

Reason: In the interests of road safety by ensuring that the access junction is operates at the required standard.

20. That before the development hereby permitted starts, details of the design and construction of the proposed new recreational footpaths and public right of way shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of public access.

21 That before the development hereby permitted starts, details of public access across the site during construction should be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of public access.

22 That before occupation of the 5th last dwellinghouse within the development hereby permitted, all the works required for the provision of the recreational footpaths and public right of way approved under the terms of condition 20 above shall be completed; the recreational footpaths and public right of way shall thereafter be kept open and maintained in their approved condition.

Reason: In the interests of public access by ensuring that recreational footpath routes through the site are maintained.

23. That before the development hereby permitted starts, a management and maintenance scheme for landscaped areas, the lochan, quarry faces, link footpaths, play areas, public amenity areas and nature conservation areas shall be submitted to, and approved in writing by the Planning Authority and this scheme shall be brought into operation prior to the first dwellinghouse being occupied

Reason: In the interests of residential amenity, public amenity and nature conservation.

24. That before the development hereby permitted starts a Construction Environmental Management Plan shall be submitted to and approved in writing by the Planning Authority: the Plan shall include measures to suppress noise, vibration and dust; measures to safeguard against pollution of the Ebroch Burn; and measures to safeguard against mud on the road.

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

25 That before the development hereby permitted starts full details and programme of blasting shall be submitted to and approved in writing by the Planning Authority.

Reason: To allow monitoring of blasting.

26 That all blasting shall be restricted to those hours approved by the Planning Authority in writing, following assessment of the details submitted in compliance with condition 25 above.

Reason: In the interest of residential amenity.

27 That before the development hereby permitted starts full details of the treatment of waste from blasting shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt this should include the location, height and shape of waste.

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

28. That before the development hereby permitted starts full details of the proposed location of the site compound and all storage areas associated with the development shall be submitted to and approved in writing by the Planning Authority: thereafter the site compound and storage areas shall comply with the approved scheme or such other scheme as may be agreed in writing by the Planning Authority.

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

Backaround Papers:

Representation Letters Letter from Mr W Thomson, 21 Colzium View, Kilsyth, G65 OED received 16th April 2008.

Consultation Responses: Letter from Scottish Environment Protection Agency received on 28 July 2008 Letter from Scottish Water received on 8 July 2008 Memo from Traffic & Transportation (Northern Area) received on 31 July 2008 Memos from Geotechnical received on 3 July and 14 August 2008 Memo from Learning and Leisure received on 21 August, 2008. Memo from Countryside & Landscape received on 13 February 2008

Contact Information: Any person wishing to inspect these documents should contact Mrs Mary Hogg at 01698 274239

Report Date: 1'' March 201 0 APPLICATION NO. N/07/02040/FUL

REPORT

1. Site Description

1.1 The application is for residential development within the grounds of the redundant Barrwood Quarry at Stirling Road, Kilsyth.

1.2 The site is approximately 8.7 ha in area and lies to the south of Stirling Road. It is bounded to the east by undeveloped scrub land and to the west by the Ebroch Burn and Burngreen Park. To the south are the rear garden boundaries of dwellinghouses on Ebroch Drive, Ebroch Place, Colzium View, Woodside Avenue and High Barrwood Road. To the north west of the site and adjacent to the proposed access from Stirling Road is a single storey terrace of pensioner’s cottages and to the north east a row of traditional one and a half storey terraced sandstone dwellinghouses with one and two storey dwellinghouses beyond this, along Stirling Road.

1.3 The land at the site entrance is level with Stirling Road then starts to undulate and dip southwards to the flooded quarry basin. The land rises to the east and west around the basin and then steeply rises at the quarry face levelling out towards High Barrwood Road. The site rises from approximately 55 metres at Stirling Road to 87 metres at the southern end near to High Barrwood Road.

2. Proposed Development

2.1 The proposal is to construct 110 detached two storey dwellinghouses with associated parking providing three, four and five bedroom dwellinghouses with integral garages or detached garages within a circular road layout around the flooded basin. The flooded basin, which will double as a sustainable urban drainage pond, is to be reduced in footprint by infilling with granular material and the remainder retained as a water feature (lochan). Blasting of the rock will have to be undertaken to form development platforms for the construction works. The main part of the site will accommodate 93 dwellinghouses. Seven of these will be accessed from a secondary road off the main circular road to the west of Woodside Avenue. The south east corner of the site is partially separated from the main area of the site by Woodside Avenue. This area will accommodate ten dwellinghouses accessed from another secondary road off the main circular road.

2.2 Given the differing levels of the land six dwellinghouses (plots 58 - 63) at the north east corner of the site will be two storey at access road level and three storey to the rear. Plots 18-20 located to the south west and backing onto the lochan will be the same. The one access from Stirling Road will provide access and egress from the development with a controlled traffic light junction.

2.3 Two play areas will be provided, one to the south west of the site and one adjacent to and north of the lochan. Four wildlife beaches are to be created at the quarry face as well as a wild life nature area above and along the slope of the southerly development plateau. The lochan will function as an integral part of the sustainable urban drainage system. Access to the lochan will be from a road adjacent to the play area. It will also be an attractive central feature to the site along with the imposing cliff backdrop. The existing pond base level area will be reduced by infilling with granular material.

2.4 New recreational footpaths will be created at a) the north and west of the site partially along the Ebroch Burn linking an existing footpath parallel to Stirling Road to the existing footbridge at Burngreen Park and b) to the south between plots 75 and 76 leading onto High Barrwood Road. The public right of way outwith the site leading onto Woodside Avenue will be reinstated. 3. Site History

3.1 Residential planning permission was originally approved in September 1998 (N/98/00759/FUL) for the erection of 190 dwellinghouses on the main part of the current application site. Earth works commenced under this permission but have since halted.

3.2 In September 2000 an application was granted (N/00/010581AMD)for the alteration of house types and a change to the road layout and land formation.

3.3 A further application was granted in September 2005 (N1051007281FUL) for a more conservative residential development comprising 131 dwellinghouses.

4. Development Plan

4.1 The application raises no strategic issues as the site is in an urban brownfield location and can therefore be assessed against Local Plan policies.

4.2 In the Kilsyth Local Plan 1999 the site is covered by policy HGI - Sites for New Housing.

5. Consultations

5.1 A summary of comments from consultees is as follows: i SEPA has no objections to the proposal provided conditions are attached to the planning consent regarding confirmation that recommendations in the Flood Risk Assessment (FRA) have been adopted and that any amendments to the proposal will have a neutral effect on flood risk.

ii Scottish Water (SW) has no objections in principle to this development. Agreement has been reached regarding a suitable measure to allow SW to empty the quarry for maintenance. The quarry face will not be included within the maintenance regime of Scottish Water. The applicant must seek agreement with SEPA regarding the treatment of surface water from the site.

iii The Geotechnical Team have no objections provided that further information is provided regarding drainage calculations and flood route accommodation works. Written confirmation should be provided on the adoption and long term maintenance for the proposed Sustainable Urban Drainage Scheme (SUDS) /drainage system. Written confirmation from SEPA that the proposals are acceptable has been requested.

iv Traffic and Transportation has no objections to the proposed residential development provided the connection to Stirling Road (A.803) is via a traffic signalled junction. This requires to be installed and operational before the first dwellinghouse in the development is occupied.

V Protective Services has no objection to the proposed development. Clarification is requested on some of the information contained within the Site Investigation Report.

vi Countryside and Landscape has no objections provided an ecological survey is undertaken. Landscaping should maximise biodiversity on site and Japanese Knotweed should be eradicated using approved methods. A comprehensive SUDS should be implemented on site. Public access across the site should be maintained. vii Learning and Leisure Services has no objections to this proposal as the proposed residential development falls within a catchment area where primary and secondary sectors have sufficient accommodation to cope with the projected pupil increase.

viii Creative Services has no objections to the location of the play areas however detailed designs require to be submitted.

6. Representations

6.1 Following the standard neighbour notification process one letter of representation has been received from a neighbouring resident. The point of concern is overshadowing of an adjacent property. The representation is expanded in paragraph (7.5) below.

7. Planninn Assessment

7.1 Section 25 of the Town and Country (Scotland) Act 1997, requires that the determination of planning applications must be made in accordance with the development unless material considerations indicate otherwise.

7.2 Develoment Plan Kilsyth Local Plan 1999: This plan identifies the site as lying within an area identified for new housing development (Policy HGI - Sites for New Housing). This being the case the proposed residential development accords with the local plan.

7.3 Other Material Considerations Finalised Draft North Lanarkshire Local Plan (FDNLLP): The site lies within an area covered by Policy HCF2 AI -New Housing Development. The development, therefore, accords with the FDNLLP.

7.4 Planning History: The principle of residential development on the site has been established by the granting of previous planning permissions (N/98/00759/FUL, N/OO/Ol058/AMD and N/05/00728/FUL). Permission N/05/00728/FUL is a ‘live’ planning consent under which test blasting has already taken place. The full development of this site for residential use could proceed under this consent. The current application is for 21 fewer dwellinghouses on the same site footprint with only minor alterations to the previous consented layout and the change from Crudens’ (previous applicant) housetypes to Dawn Homes’ housetypes. The residential development complies with the Council’s Developer’s Guide to minimum space standards around dwellinghouses and is acceptable in terms of design, layout, access, parking and landscaping.

7.5 Consultations: Consultee comments have been accommodated either through development details or through recommended planning conditions. An exception is the decision not to seek ecological surveys due to the degraded brownfield nature of the site and the fact that there was not requirement for Ebroch Burn ecological surveys on previous consents. An informative reminds the developers that should any protective species be encountered they must immediately inform Scottish Natural Heritage. It is recognised that there are some tensions between the functional SUDS pond requirements of the lochan and its potential as a nature conservation and amenity asset. It is, however, considered that the lochan will be a strong and unique feature which will give the development a welcome sense of place.

7.6 Representations: The objection letter received contained the following point of objection.

Point of Objection: The plans do not show a four metre extension to the rear of 21 Colzium View. The proximity and raised ground level of the proposed adjacent building will greatly overshadow the property.

Comment: The plans do not show the extension to the dwellinghouse but this is not unusual. Plans are normally based on Ordnance Survey maps which may not have been resurveyed to show changes in that area. At present the land adjacent to the property has been raised due to soil being deposited as part of ground works from previous consents. This soil will be removed and a development platform formed to allow construction to take place. The resulting land level will be lower than that at the objector’s property. Taking into account the extension the adjacent new dwellinghouse would be 18 to 19 metres distance from the property. It will be north of the objector’s property and at a lower level therefore overshadowing would not be an issue.

8. Conclusions

8.1 The proposal complies with the terms of the Kilsyth Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the plans identify the site for new housing development.

8.2 This site has had three previous planning consents for residential development, the most recent in 2005 being for 131 dwellinghouses. As stated in paragraph 7.4 work has been carried out under the previous consent and this consent could still be implemented. The principle of residential development on the site is, therefore, well established.

8.3 This proposal is for a smaller residential development than previously consented and is considered acceptable in terms of design, layout, access, parking and landscaping. This proposal will enhance the surrounding residential area and is acceptable in planning terms. Accordingly, it is recommended that planning permission be granted. Application No: Proposed Development: N/09/00849/FUL Recycling and Facility Incorporating Main Building, New Access Road, Parking, Lagoon and Associated Circulation Roads, External Plant and Machinery, Perimeter Fence and Landscaping Site Address:

Greengairs Landfill Site Meikle Drumgray Road Greengairs North Lanarkshire

Date Registered:

31st July 2009

Applicant: Agent: WRG (Northern) Ltd Terence O'Rourke Ltd Greengairs Landfill Site 9-10 St Andrew Square Meikle Drumgray Road Edinburgh Greengairs EH2 2AF ML6 7TD Application Level: Contrary to Development Plan: Major No

Ward: Representations: 007 Airdrie North 4 letter(s) of representation received. Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposals are considered acceptable as they accord with the terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 incorporating the 4'h alteration 2008 and the Monklands District Local Plan 1991, the National Waste Strategy (NWS) and Area Waste Plan (AWP) where it has been adequately demonstrated that the ancillary proposals are acceptable in terms of need, comply with the proximity principle and offer the best practicable environmental option (BPEO) for dealing with the identified waste streams. There was no objection from statutory consultees including the Scottish Government, SEPA, SNH, Scottish Transport, and Scottish Water or from other bodies noted in the main report. There was no objection from the respective NLC Services requested to comment on the application. The accompanying Environmental Statement demonstrates that environmental impacts from the development would not be significant and it is agreed that the suggested mitigation measures can be controlled through appropriate conditions. The Recycling and Waste Treatment Facility would fall under the approved lifespan of the operational landfill site and associated restoration scheme, and the building would be removed and the site completely restored by 2045.

Legal Agreement:

If granted, the planning permission should not be issued until an amendment to the existing agreement made under Section 75 of the Town and Country Planning (Scotland) Act 1997

1 with the developer in respect of site restoration and aftercare has been formally amended to reflect the terms of this planning application.

2 PLANNING APPLiCATlON No. 091008491FUL Produced by brth Lanarkshire Counal Recycling and Waste Treatment Facility Incorporating Planning and Rwronmrnt kpaRmnt. Main Building, New Access Road, Parking, Lagoon and Associated Circulation Roads, External Plant and Machinety, Perimeter Fence and Landscaping

Greengairs Landfill Site, Meikle Drumgray Road tei oieos zwmT Greengairs 6x01608 463053 Representation Site area = 9.8 ha.

3 Proposed Conditions:-

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

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

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

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

3. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997, to monitor the development and to enable the Planning Authority to retain effective control .

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

Figure 1.2 Site Plan 188603C PO06 Facility Master Plan 188603C PO07 Facility Site Sections 188603C PO08 Facility Roof Plan 188603C PO09 First Floor Plan 188603C PO10 Proposed Site Elevations 188603C PO1 1 Proposed Site Elevations 2 1886036 PO12 Proposed Facility Elevations 1 188603C PO1 3 Proposed Facility Elevations 2 188603C PO14 Proposed Facility Detail Elevations

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

5. That the permission is for a temporary period and the operation of the ancillary facility hereby approved shall cease on 22nd May 2043 and the site shall be subject to final decommissioning and restoration by 22nd May 2045 in line with restoration details (including timescales) approved under condition 6 of this permission.

Reason: As the proposals are considered to be ancillary to the operation of the current landfill site, to ensure that the restoration of this part of the landfill site is undertaken to a high standard that satisfies and secures landscape, amenity and conservation interests and is compatible with the restoration of the adjoining landfill site area.

6. That within 3 months of the date of this permission, the developer shall submit a revised Restoration Plan for the written approval of the Planning Authority of revised details of the reinstatement and restoration of the main landfill site incorporating the restoration of the MBT/IVC site and the details shall include the following:-

a) a description of the restoration proposals in the form of a method statement covering all works required; b) a detailed site layout plan including all existing site features to be retained and all proposed planting works (including species types and nos.); c) an indicative timetable/schedule of all works;

4 d) proposed site contours; e) after care details of the restored areas including timescale; and f) public access/footpath networks where appropriate

Reason: In order that the restoration of the site is completed to a high standard that satisfies and secures landscape, amenity and conservation interests and is compatible with the restoration associated with the adjoining landfill areas.

7. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment : A Guide for Scotland, and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run- off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve any aquatic habitat at or near the site. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

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

8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

9. That before any development commences on site, details of a Site Waste Management Plan shall be submitted to and approved by the Planning Authority in consultation with SEPA and implemented thereafter in accordance with the approved details during the construction of the development.

Reason: To ensure best practice is adopted in dealing with waste during the construction phase of the development in accordance with Scottish Government policy.

5 10. That no development shall commence on site until a full site specific construction method statement (CMS) is submitted and approved by the Planning Authority, in consultation with SEPA. The CMS shall incorporate detailed pollution avoidance and mitigation measures for all construction elements potentially capable of giving rise to pollution including issues relating to the construction of the building, impacts on hydrogeology and disposal of contaminated land. Specifically the statement shall address the following and the construction of the development shall be carried out in accordance with the agreed details:

How contaminated land will be dealt with; treated and disposed of as necessary 0 Details of how disturbance to groundwater will be minimised, including any de-watering proposals 0 Details of the storage of construction fuels, materials, raw materials and by-production 0 Temporary SUDS measures 0 Dust mitigation methods.

Reason: To protect the water environment from any damage arising from the construction and operation of this facility.

11. That within three months of the date of this planning permission, a revised Habitat Management Plan incorporating the Ecology and Nature Conservation Mitigation and Enhancement Measures detailed the Environmental Statement shall be submitted to the Planning Authority for written approval in consultation with SNH and NLC Greenspace (Biodiversity).

Reason: In the interests of nature conservation within the site and surrounding area.

12. That the developer shall retain the services of the previously appointed independent Ecological Clerk of Works (ECoW) to monitor ongoing and post-construction restoration to ensure the required ecological mitigation works included in the revised Habitat Management Plan as approved under Condition 1I are implemented.

Reason: In the interests of ensuring nature conservation mitigation measures for the site and surrounding area are implemented in accordance with the approved Habitat Management Plan. (as revised)

13. That BEFORE the development hereby permitted starts, a scheme of landscaping incorporating biodiversity enhancement measures and native tree planting shall be submitted to, and approved in writing by the Planning Authority, in consultation with SNH and NLC Greenspace (Biodiversity). The scheme shall incorporate the proposed mitigation planting scheme noted in Figure 7.8 of the Environmental Statement AND a 20m wide x 100m length of infill screen planting area along the east side of Dargavil Road. The submitted details shall include:

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

Reason: To enable the Planning Authority to consider these aspects in detail in consultation with SNH and NLC Greenspace (Biodiversity) and to provide additional screen planting in the interests of visual amenity.

14. That all works included in the scheme of landscaping and native tree planting, approved under the terms of condition 13 above, shall be completed in accordance with the approved

6 timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

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

16. That any remediation works identified by the site investigation required in terms of Condition 15, shall be carried out to the satisfaction of the Planning Authority. 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 employees and visitors to the waste management facility.

17. That waste delivery and dispatch of recycled materials shall only take place Monday to Friday, 0730 a.m. until 0730 p.m., and Saturday 0730a.m. to 1 p.m., and not at all on Sundays or public holidays, except for essential plant maintenance unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of controlling the operations on the site in the interests of amenity.

18. That the maximum quantity of waste that can be disposed of at the MBTAVC facility in any one year shall not exceed 210,000 tonnes, U nless otherwise agreed in writing with the Planning Authority in consultation with SEPA. The operator shall confirm that the agreed level of waste input is not exceeded by submitting annual reports on waste acceptance at the site to the Planning Authority.

For the avoidance of doubt the overall maximum quantity of waste that can be brought to the main landfill site, including the MBT/IVC facility shall not exceed 600,000 tonnes per annum as previous approved under the terms of planning permission C1071009241MIN.

Reason: To define and quantify the terms of the permission and allow the Planning Authority to consider the progress of site operations in the interests of amenity.

19. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

20. That operational noise levels from the waste management facility shall not exceed the Environmental Noise Criterion (ENC) limits set for Meikle Drumgray Farm as stated in the Environmental Statement Table 8.9 Implementation of Environmental Measures and as

7 follows:

07:OO-23:OO hours = 45dB Aeq, 1hr 23:OO-07:OO hours = 39dB Aeq, Smin

Reason: To safeguard existing levels of residential amenity at Meikle Drumgray Farm

NOTE TO COMMITTEE

Section 75 Agreement: If granted, the planning permission will not be issued until an amended Agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 has been concluded with the developer in respect of the need to revise the existing landfill site’s restoration and aftercare requirements.

Bond of Caution: If granted, the planning permission will not be issued until a revised Bond of Caution of a suitable value has been produced by the developer in respect of the revised site restoration and aftercare.

8 Backnround Papers:

Representation Letters

Letter from T O'Byrne, Meikle Drumgray Farm, Meikle Drumgray Road, Greengairs received 21 August 2009 Letter from B Boyd, 54 Springbank View, Plains received 2ndSeptember 2009 Letter from E Grier, 56 Springbank View, Plains received 2ndSeptember 2009 Letter from Owner/Occupier 52 Springbank View, Plains received 2ndSeptember 2009.

Consultation Responses:

Letter from SEPA received 2"d November 2009 Letter from Scottish Water received 26'h January 2010. Letters from The Scottish Government received 20th August and 14" September 2009 Letter from Scotland Gas Networks received 24'h August 2009 Letter from Historic Scotland received 27th August 2009 Letter from Transport Scotland received 2ndSeptember 2009 Letter from British Telecom received 5'h September 2009 Letter from Health and Safety Executive received 1Ith September 2009. Letter from Scottish Natural Heritage received 16'h September 2009. Memos from Pollution Control (Waste Strategy) and Protective Services received 2ndSeptember and 20th October 2009. Memo from Greenspace (Ecology and Landscaping) received 1!jth September 2009. Memo from Geotechnical received 17'h November 2009 Memo from Traffic and Transportation received IIth January 2010-03-05

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 616459

Report Date:

8'h March 2010

9 APPLICATION NO. N1091008491FUL

REPORT

1. Site Description

1.1 Planning permission is being sought for a Recycling and Waste Treatment Facility that would be located within and operate in conjunction with and ancillary to the existing operational landfill site at Greengairs, Airdrie.

1.2 The proposed Recycling and Waste Treatment Facility would be sited within the south west boundary of the landfill site and would be approximately 1km south of Wattston, 1.2 km south of Greengairs and 1.4km north of Plains. (Refer to location plan) The site area would extend to some 9.8 ha, and cover a part of the landfill site that was previously subject to past disturbances from open cast mining. Part of the site area is currently utilised for surface water treatment ponds required by the current landfill operations and the eastern part of the site overlaps the future approved landfill phases 7D, 8A and 12. The developer anticipates that should planning permission be granted for this facility a revised phasing plan for the landfill site would be provided for consideration under cover of a separate planning application.

2. Proposed Development

2.1 The proposed development would involve the construction of a large building that would fully enclose a recycling and waste treatment facility incorporating mechanical biological treatment (MBT) and in-vessel composting (IVC) processes that would sort and recover non-hazardous commercial, industrial and municipaVhousehold into recycled materials and . Any unusable residual wastes left over from the process would be sent to the adjacent landfill site.

2.2 Site Layout and Building: The proposed building would measure approximately 371m in length and 132m in width thereby providing an external floor area of some 48,872m2. Internally a mezzanine floor would be provided and this would accommodate the reception, office accommodation, welfare facilities and an education/conference room. Overall the total floor space of the building would be 49,236m2. The building would be a maximum of 12m in height and consist of a steel portal frame construction, double clad with contoured sheets filled with insulation to provide an effective acoustic barrier. The building would be mechanically ventilated using extraction fans to maintain a negative air pressure within the building. This ensures air is drawn into the building and prevents unfiltered odour emissions leaving the building.

2.3 The building would house the majority of the processing plant, which is designed to handle up to 210,000 tonnes (te) input of waste per annum. In addition, the external site area would include:

Access and circulation roads; 2 water storage tanks; 6 bio-filters; Lagoon (4,715m2); 2 wet scrubbers; Bunded diesel storage tank; 24 car parking spaces including disable and coach parking; and Landscaping

2.4 Waste Traffic: The proposed recycling and waste treatment facility would accept 210,000 te of waste per annum and this would equate to an additional 84 RCV/HGVs visiting the site each day. Waste deliveries would account for 63 of these visits and the dispatch of recyclateskompost would account for 21 vehicle visits per day. The adjacent landfill site currently generates around 90 RCV/HGV (Refuse Collection Vehicles/Heavy Goods Vehicles) visits per day which relates to around 50% its approved capacity of 600,000 te per annum (maximum of 191 RCVIHGV visits).

10 2.5 Construction Traffic: The increase in traffic movements during the construction phase would be temporary and fall well within the upper permitted traffic generation levels of the landfill site as noted above.

2.6 Access: The site would be accessed from the existing main entrance to the landfill site where weighbridge and site offices are already in place via an internal access road. Access to the landfill site is via the A73, B803, existing private haul road (constructed some time ago to by- pass Wattston village) and Meikle Drumgray Road.

2.7 Operating Hours: The recycling and waste treatment facility would only accept the delivery of waste and despatch of recycled materials during the approved operational daytime hours of the landfill site. These would be 07.30 to 19.30 hours during weekdays and 07.30 to 13.00 hours on Saturdays. No delivery, despatch or on-site movement of waste would take place on Sundays or bank holidays, except in the case of emergencies or on justifiable grounds approved in writing by the Planning Authority. Notwithstanding this the facility would be designed to provide sufficient internal storage of waste and residuals to enable continued operation over longer public holiday periods. The IVC composting element would operate on a continuous (24 hour) basis, however on-site loading, sorting and handling operations would be limited to the delivery and dispatch hours set out above. Routine and non-routine maintenance to external plant facilities would only be undertaken within approved daytime delivery periods and would only be undertaken out-with these periods to ensure the continuity of the plant operations.

2.8 Waste Inputs: The recycling and waste treatment facility would have a capacity to receive and process . (MSW). This would generally comprise garden/botanicaI/kitchen/catering/animaI wastes from municipal sources; waste transfer stations (WTS) and household waste recycling centres (HWRC) as well as commercial and streams. The facility would offer clean as well as dirty material recovery facility (MRF) processing because of the availability of segregated areas. Segregated can be accepted which effectively bypasses the MRF and would go through a mobile shredder before being processed in the IVC tunnels.

It is anticipated that the total waste received would be 210,000 tonnes (te) and comprise:

0 Recyclates: 15% (31,500 te) 0 : 60% (126,000 te) 0 Rejects to adjacent landfill: 25%: (52,500 te)

There is unlikely to be any change to the current arrangements for the delivery of waste to the landfill site. Refuse collection vehicles (RCVs) would deliver MSW to the site. Other wastes would be delivered by bulk transfer vehicles and skips (HGVs). Suitable wastes would be directed to the MBTIIVC facility for processing instead of being automatically directed to landfill for disposal.

2.9 Employment and Education: The proposed facility would provide additional 15-20 full time jobs to the 12 existing staff employed at the existing landfill site. New employment opportunities would include machine operators, waste sorters, packers, maintenance staff and office staff. Due to the scale of the facility there would be requirements to employ contract staff on an occasional basis to provide landscaping, cleaning, hospitality services. It is anticipated many of these posts could be filled locally. The developer intends to make use of the facility as a centre for excellence for its operations whereby the offices/conference room/education facility could be used for visitors and training purposes. The construction phase would last for two years and may support some 186 construction jobs for local con tractors. 2.10 Processes: The first part of the process involves the waste transfer station (WTS) that would be located in the northern section of the building and would contain 16 temporary waste storage bays, storage area for recyclables and reject skips. The majority of RCVlHGVs would enter this reception area and the building would be large enough to ensure vehicles can turn within the building. Vehicle washing facilities would be available at all three entrance doorways. This is in addition to the existing separate and obligatory wheel wash facilities located at the main landfill site entrance. The MBT process would extract recyclable materials from storage bays to conveyors and then separated using a trommel (screened revolving cylinder or drum); magnetichonferrous separator; ballistic separators and shredders. Non biodegradable material which cannot be recycled is removed and diverted to the landfill site. The remaining biodegradable waste would then be subject to the IVC process which would take place in a sealed concrete tunnel. Waste is then broken down by naturally occurring organisms and when mixed with oxygen, produces a stabilised compost residue. It is envisaged by the landfill operator that the compost-like output (CLO) would be used during the progressive restoration phases of the landfill site. (A full technical description of the processes is contained within Appendix A of the Design and Access Statement).

2.11 All waste material would be unloaded inside the building which will allow the processes to occur in a controlled environment. At this stage the actual MBT and IVC technologies (of which there are a variety of plant types) have not yet been identified but these would be confirmed and approved though SEPA's permit and procurement processes which would follow on should planning permission be granted.

2.12 Phased development: The proposed building would be designed to allow the IVC and maturation area to be built in three phases (each capable of handling 42,000 te of waste). The first phase of the development would include the WTS and mechanical separation stages for the 210,000 te of waste capacity.

2.13 Visual Impacts: The building would be positioned in order to take advantage of the natural contours of the site and cut and fill ground excavations will be undertaken to minimising its visual impact when viewed from the north and west. Additional screen planting works are also proposed. External materials would be finished in dark green and other muted colours to assist blend the building into the existing landscape. Lighting and plant locations would be orientated to ensure minimal disturbance to the nearest residential properties at Meikle Drumgray farm and other receptors.

2.14 Ecological Impacts: The developer provided an Environmental Statement (ES) that identified all possible environmental impacts on ecological interests at the site. The ES recommended various mitigation measures to minimise impacts on blanket bog areas, and habitats for voles, otters and breeding birds.

2.15 Pubic Exhibition: The developer undertook a public consultation exercise including a public exhibition which was attended by local residents and local members. The views and concerns of the respondents related to the potential for noise odour and external storage of waste, traffic and health concerns. The developer took the opportunity to explain the scope of the proposals and considered that much of the concerns were allayed though further explanation of how the processes would operate within a single building. Further details of the public's involvement with the development proposal are contained in the Pre-Application Consultation Document submitted with the planning application.

3. Applicant's Sumortinn Information

3.1 Although the Council agreed in its Screening Opinion (dated 4'h February 2009) that a formal Environmental Impact Assessment (EIA) would not be required in support of the planning application, the developer opted to undertake a voluntary EIA. In accordance with the requirements of The Environmental Impact Assessment (Scotland) Regulations 1999, the applicant has prepared an Environmental Statement (ES) to accompany the planning application for the development proposal. Prior to the preparation of the ES the developer undertook a scoping exercise which involved consultation with statutory agencies and other

12 relevant organisations such as SEPA, SNH, and NLC Services. Issues raised following the consultation process were then subject to detailed assessment and then included in an ES. The submitted ES that accompanies this application includes assessments on the following topics identified following the scoping exercise with each study including complementary tables and figures:

Need for the scheme in terms of: National Waste Strategy (NWS); Area Waste Plan (AWP); Municipal/Commercial/lndustrialWaste Arisings; Waste Management Capacity within the Glasgow and Clyde Valley Area; Other Waste Management Facilities and Alternative Sites and Technologies The Water Environment Ecology and Nature Conservation Landscape and Visual Impacts including sketch aerial photomontages Noise Impacts Air Quality Non-Technical Summary Consultation Report The ES also included Appendices that included technical information on: -Site Investigation and Mining Assessment Factual Report -Scoping Report and Responses -Technical Coverage of the Environmental Appraisal -Drainage Impact Assessment -Baseline Ecology Report -Landscape and Visual Baseline, Methodoly and Glossary -Meikle Drumgray Farm Noise Data -Odour and Bio-aerosol Assessment

3.2 The application was also supported by a Planning Statement as amended by agent's letter dated 3rd February 2010. This letter accepted that the proposals may be considered as an ancillary development in association with the existing landfill operations and that an amended Section 75 Agreement and Bond would be agreed with the Council to allow for the removal of the recycling and waste treatment facility in line with the current restoration and aftercare arrangements for the main landfill site). A Design and Access Statement, Needs Assessment and Pre-application Consultation Report were also included in support of the application.

4. Site Historv

4.1 The planning history of the site and surrounding area are characterised by mineral extraction, waste management developments and more recently renewable energy proposals for wind turbine development. The submitted Planning Statement demonstrates the relevant site boundaries of previous permissions associated with the landfill site at Greengairs. Recent planning permissions include:

0 Original landfill site planning permission was granted in 1988 (ref: M86/458) for a period of 20 years during which time the site was to be fully restored. However despite this permission only around 50% of the landfill void capacity was taken up by mid-2008. Peat and clay extraction works were approved for a temporary period of 5 years to assist in the restoration of completed landfill void areas. This was located within the landfill site area but out-with the operational void areas. (Refer C/00/01164/MIN) This was subject to a Section 75 Agreement to cover restoration requirements and the ground has since been reintated. 0 An Integrated Waste Management Materials Recovery Facility (IWMF) for approximately 290,000 te of waste per annum was approved subject to a Section 75 Agreement in 2005. (Refer C/OO/O1164/MIN). This facility would have occupied a similar footprint to the current application site but was not developed as the required legal agreement was not completed. This proposal was also linked to the previous landfill permission noted above. A proposal for the Continued Reclamation and Restoration Operations by the Importation of Non- Materials (up to 600,000 te per annum) at Greengairs Landfill Site was approved in October 2008. This extended the landfill operations for a further 30

13 years to 2038. (Refer to C1071009241MIN). The extended site operations would allow the operator to fully restore the remaining void areas at the landfill site. 0 There have been a number of other planning permissions granted in relation to the landfill site operations including new site offices, installation of gas flare compounds and generators, water treatment lagoons, and revised landfill phasing schedules. 0 Within the landfill site, planning permission was granted in May 2008 for the Construction of a Wind Farm Comprising of 9 Turbines (Refer C/07/00172/FUL). This has not yet been developed as the required Section 75 Agreement has not been completed.

5. Development Plan

5.1 The proposals are considered to be of strategic significance and require to be assessed against the following structure plan policies.

Structure Plan

5.2 Under the Glasgow and the Clyde Valley Joint Structure Plan 2000 incorporating the Forth Alteration 2008 the proposals require to be assessed under Strategic Policy 9 (Assessment of Development Proposals) and other related strategic policies. Strategic Policy 10 would apply in the case of a departure (to be established or otherwise through Strategic Policy 9). The criteria referred to in SP9 and SPlO are complementary, and the fulfilment of one criterion does not over-ride the need to satisfy the others.

Local Plan

5.3 Under the Adopted Monklands District Local Plan 1991, the main coverage of the site is through policies L11/5 and GB2. The site is also covered by policies WDR1, CU1/3, LR7/5.

5.4 Policy GB2 (Restrict Development in Countryside Around Towns) states that development within these areas (of which the site forms part) would require to be justified against the following criteria:

(a) economic benefit (b) specific locational need (c) infrastructure implications (d) environmental impact

5.5 Policy L11/5 confirms the designation of the area as lying within the devastated landscape and recognises the improvements that developments involving subsequent restoration can bringing to the landscape in such areas.

5.6 In relation to L11/5, policy WDRI, also recognising the landscape and environmental benefits that may come from restoration, limits the disposal and recycling of wastes to sites lying within the devastated landscape (and lying at least 250 metres away from settlements).

5.7 Policy LR7/5 allows for a district wide footpath proposal traversing part of the site. Policy CU1/3 incorporates a gas pipeline safety zone (recognising a gas main that lies to the south of the main landfill site). Policy CU1/5 recognises the existence of the landfill area and the need to take into account in any assessment of new development the potential for leakage of .

Material Considerations

5.8 The Finalised Draft North Lanarkshire Local Plan 2009 (FDNNLP) designates the area as NBE 3B Assessing Development in the Rural Investment Area (RIA).

14 5.9 Po/icy NBE 3 B sets out that business, industry or tourist related development proposals within the Rural Investment Area would be acceptable provided they do not exceed 1000 mz and demonstrate economic benefit.

5.10 The policy also sets out that the impact criteria listed under NBE 3 A Green Belt would also be relevant for development that falls within the Rural Investment Area, even though the site is not located in the green belt. This would cover: enhancement of existing clusters of development; enhancement of natural heritage value; respect natural boundaries; accord with Central Scotland Forest Strategy; avoid loss of prime agricultural land and respect local residential amenity; offer positive economic benefit; minimise adverse environmental impact; have no undue infrastructure implications; have a specific locational need; include rural landscape enhancement measures and provide a buffer to the development; have regard to PAN 73 and be supported by a robust Business Plan.

5.11 National Policy and Guidance: These provide statements of Scottish Government policy on nationally important land use and other planning matters, supported where appropriate by a locational framework. Scottish Planning Policy identifies key priorities for the planning system.

National Waste Strategy 2003 SPP 2010 (Subject Policy on Waste Management) PAN 63 -Waste Management Planning 2002

5.12 The National Waste Strategy Scotland, (NWS) as published by SEPA in 1999, together with the Area Waste Plan 2003 (AWP) and the Best Practicable Environmental Option (BPEO) for the Glasgow and Clyde Valley Waste Strategy Area (GCWSA), are material considerations, which relate closely to the policy context. The relevant national policy on how these should affect the land use planning system is expressed through SPP 2010. This policy guidance is also complemented by PAN 63 (Waste Management Planning).

6. Consultations

6.1 SEPA had no objections subject to conditions requiring the provision of a SUDS scheme, site waste management plan, further site investigation reports and construction method statement. SEPA considered the proposals have the potential to help delivery sustainable waste management in North Lanarkshire and surrounding areas given its scale, location relative to transport networks has the potential to encourage recycling of waste at Greengairs Landfill Site. The proposals are considered by SEPA to reflect the aims of the NWS, NWP and the Glasgow and Clyde Valley Area Waste Plan (GCVAWP) and advised that provided the location of the development is acceptable in land use planning terms, SEPA consider the proposals could be considered as a joint infrastructure solution as required in the NWP. SEPA further considered that the developer has demonstrated compliance with the proximity principle and that the proposed technology is compliant with the AWP and fits with Best Practicable Environmental Option (BPEO) objectives. SEPA further advised that in their previous consideration of the developer’s proposals to extend the main landfill site operations for a further 30 years (refer to site history above), it was highlighted (at this time) that the provision of a recycling operation at the landfill site would further enable its compliance with the NWS and would eventually enable the developer to ensure only residual waste is disposed of in the landfill in line with emerging policy directions. SEPA also advised that the proposals were capable of meeting their Pollution, Prevention and Control, (PPC) permit regulations in that possible air qualityhoise pollution impacts could be adequately controlled.

6.2 SNH had no objections subject to conditions ensuring that the mitigation measures set out in the ES to minimise impacts on ecological interests are implemented.

6.3 The Scottish Government (Climate Change and Water Industry Directive) and the Health and Safety Executive had no comments to make on the submitted ES information.

15 6.4 Scottish Gas had no comments as there were no gas mains in the immediate vicinity of the site. A high pressure gas main runs to the south of the landfill’s southern boundary however this is some 500m from the application site.

6.5 Transport Scotland had no objection to the proposals are they considered the proposed increase in traffic levels was not considered to be significant and would not have a detrimental impact on the trunk road network.

6.6 Scottish Water had no objection subject to conditions requiring adequate foul and surface water drainage designs including incorporation of SUDS.

6.7 Protective Services had no objection to the proposals subject to conditions requiring a site investigation survey. It was also considered from a waste strategy viewpoint that the proposals had included sufficient supporting information to demonstrate a need, BPEO, adherence to the proximity principle, meet resource efficiency requirements due to the technology employed, and enable a reduction in non-residual waste to landfill. It was further noted that the proposed technology and plant design would enable the operator to minimise potential pollution impacts and ensure these are within tolerable limits.

6.8 Historic Scotland had no objection.

6.9 British Telecom had no objection.

6.10 Geotechnical advised that that only a drainage strategy had been provided in support if the application. Geotechnical had no objection subject to conditions requiring a detailed drainage design be submitted for approval that incorporates SUDS and appropriate flood attenuation measures with the written agreement of SEPA and that a foul water system be provided with the written agreement of Scottish Water.

6.11 Traffic and Transportation had no objection subject to a condition that would control the maximum number of traffic movements to that agreed for the existing Landfill Site operations.

6.12 Greenspace (Ecology and Landscape) had no objection subject to conditions that would ensure the mitigation measures listed in the ES that set out to reduce impacts on the noted habitats and species are implemented.

7. Remesentations

7.1 There were 4 letters of representation received in regards to the planning application. One letter sought assurances from the developer that:

0 There should be no contamination from leachate water from the proposed development or landfill site; 0 There should be no air or noise pollution; 0 There should be no increase in road traffic 0 The facility should only deal with existing levels of domestic waste 0 current operating times associated with the landfill would not be increased The development should not be visible 0 The existing road should be repaired and maintained

7.2 A further three identical letters of representation were received which considered the proposals contravene the local plan and would expose the surrounding villages to more pollution.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in making any determination under the Planning Act, regard is to be had to the development plan, and the determination shall be made in accordance with the plan unless material considerations indicate otherwise. The development plan for the area comprises the Glasgow

16 and the Clyde Valley Joint Structure Plan 2000 (Approved 2008) and the Adopted Monklands District Local Plan 1991 (adopted 1995).

The Glasgow and the Clyde Valley Joint Structure Plan 2006

8.2 Under the Glasgow and the Clyde Valley Joint Structure Plan 2000 incorporating the 4'h amendment, the proposals require to be assessed under Strategic Policy 9 (Assessment of Development Proposals) and other related strategic policies. Strategic Policy 10 would apply in the case of a departure (to be established or otherwise through Strategic Policy 9). The criteria referred to in SP9 and SPlO are complementary, and the fulfilment of one criterion does not over-ride the need to satisfy the others.

8.3 Strategic Policy 9A of the 2000 Structure Plan recognises the aims of the Area Waste Plan (AWP) for Glasgow and Clyde Valley Area 2003. Under the terms of SP9A(vi), waste management proposals exceeding the 10 hectare threshold indicated in Schedule 9 would be considered to be of strategic significance and a satisfactory case for the development would need to be established in terms of its relationship to the requirements for waste management facilities set out in the Glasgow and Clyde Valley Area Waste Plan. Whilst the proposed site area only extends to some 9.8 hectares, it is considered that due to the regional operational requirement and function of the proposed waste management facility (in terms of its ancillary use related to the landfill site and that waste would be sourced over a 30 mile radius of the site), the proposals are considered to be of strategic significance and as such, need to be assessed against the terms of the Area Waste Plan as required under SP9.

8.4 The developer has presented detailed information on the need for the facility in terms of the AWP and it is noted that SEPA had no objection to the proposals subject to conditions as they considered the proposals were consistent with the NWS, AWP, offered BPEO and would enable Greengairs Landfill site to be more sustainable in the way it dealt with its current and future waste streams dealt with at the site. There was also no objection from Pollution Control (Waste Stategy) who also considered that proposals complied with the AWP. As such it is considered that the proposals accord with the terms of SP9A(iv) in terms of its potential to accord with the NWS and AWP.

8.5 Strategic Policy 9B sets out that the relative location of the development is appropriate in terms of the need to:

(i) Safeguard and avoid the diversion or displacement of investment from the development locations indentified in Strategic Policy 1, 5, 6 and 8. (ii)(a) Promote Urban Regeneration by giving preference to the use of brownfield urban land rather than Greenfield land or open space. (iv) Safeguard environmental resources listed in Schedule 7 (v) avoid isolated and sporadic development in the green belt and the wider countryside (vi)(b) Promote sustainable transport by the application of criteria for sustainable locational choices as set out in Schedule 3(a)(ii). (vii) Implement the waste management hierarchy as defined in the National Waste Strategy and priorities indentified in the Area Waste Plan. (viii) Avoid the risk of flooding from all sources throughout the relevant water and drainage catchment area and safeguarding the storage capacity of the functional flood plain. (ix) Avoid negative impact upon Health and Safety (x) Contribute to the implementation of the Air Quality Strategy

8.6 With regards to SP9B(i) above it can be noted that the proposals would involve the development of a large scale waste management treatment facility located within an existing landfill site which is situated relatively close to Coatbridge and Airdrie which are identified as a priority and core economic investment areas under SP 1, 5 and 6. In this regard it is considered the proposals could offer local employment opportunities that may be of benefit to these targeted investment areas. Strategic Policy 6 also promotes the provision of an integrated system of waste management facilities and it is considered the proposals would be consistent with this policy. SP8 (Sustainable Development of Natural Resources) sets out a framework for the sustainable development of minerals, forestry and woodland, agriculture,

17 renewable energy, use of water resources and environment related tourism. The proposed waste management facility is not located within an area that would constrain the sustainable development of such resources. Indeed the existing landfill site area is subject to an ongoing phased restoration programme and the entire site would be restored to a mix of open fields and tree planting and would eventually be available for public access.

It is considered the proposals would not be contrary to SPSB(i) as the proposed development would not displace, but possibly result in, an investment in or close to the potential development locations noted under SPI, 5, and 6. Moreover the proposals would accord with SP6 as the development has the potential to contribute to an integrated system of waste management facilities as noted by SEPA. The proposals would not restrict the sustainable development of natural resources and as such complies with SP8 in this respect.

8.7 As noted above Policy SP SB(ii) seeks to encourage urban regeneration through the redevelopment of brownfield land rather than greenfield land or open space areas. It is considered the proposals would not dilute this aim as the proposals relate to an ancillary development associated with an existing landfill site, where most of the area has previously been subjected to un-restored mineral workings that has resulted in significant dereliction. In this respect the site is comparable to a previously developed but derelict brownfield site, which would -benefit from the eventual restoration of the landfill site. Significantly, the proposed site is not located within the designed Green Belt nor would it involve the development of greenfield land or an open space area. As such the proposals are not considered to be contrary to the aims of policy SPSB(ii).

8.8 Policy SPSB(iv) requires that the location of development is appropriate in terms of the need to safeguard the environmental resources listed in Schedule 7 or identified in Local Plans. The ES identifies all environmental resources located near to the site and concluded that the proposed development would not be detrimental to these important resources. The proposals are considered to be in line with the requirements of SPSB(iv).

8.9 Policy SPSB(v) seeks to avoid isolated and sporadic development in the Green belt and wider countryside. As noted above the proposals would not have an impact on the designated Green belt and whilst the site may fall within an area of countryside, the proposed waste management facility would not be isolated or represent a sporadic development as it would form part of an integrated waste management facility linked to the existing operational landfill site. Moreover, and similar to the landfill operations, the proposed development would not be permanent but would be removed following completion of the landfill site restoration scheme. The proposals are therefore not considered to be contrary to SPSB(v).

8.10 Under SPSB(vi)(b) the location of a new development needs to be appropriate in terms of promoting sustainable transport by the application of criteria for sustainable locational choices as set out in Schedule 3(a)(ii) where new waste management facilities should consider where possible, dedicated haul roads provided by the developer or use of rail transport. Generally, SP3 (Strategic Management of Travel Demands) seeks to promote the sustainable development of the Glasgow and Clyde Valley Structure Plan area through the selection of sustainable locations for development that reflect their purpose and function and relative transportation needs. Schedule 3(a)(i) sets out a hierarchy of preference of accessibility for bulk goods and freight movement as follows:

Directly from railhead or port Short road haul to rail head or port 0 Trunk Road Network

As noted above, the application site would be accessed via the landfill site where existing RCV/HGVs already make use of a private haul road constructed between the 8803 and Meikle Drumgray Road and provides an effective by-pass of Wattston Village. The developer proposes to continue to use the existing access arrangements. It is considered that developing a rail link would be impracticable as the railway network is located some considerable distance from the site. The developer has provided estimates of the additional volumes of traffic that would access the site from the A73 and these were considered

18 relatively insignificant and acceptable to Transport Scotland and to the Transportation Section who had no objections. It is therefore considered that the location of the site within the existing landfill site is sustainable as the continued use of the existing access arrangements utilised by the landfill operation would be acceptable under the Hierarchy of Accessibility noted in Schedule SP3(a)(i).

8.11 SPSB(vii) requires that the location of the development is appropriate in terms of the need to implement the waste management hierarchy as defined in the National Waste Strategy (Prevention-Reuse-Recycling-Other Recovery-Disposal). The proposals would introduce a regional scaled recycling and composting operation that would complement the existing landfill site operations at Greengairs. As noted above SEPA had no objection to the proposal in terms of its compliance with NWS, and AWP, and considered the proposal offers a BPEO and would comply with the proximity principle. SEPA also considered that the proposal has the potential to help deliver sustainable waste management at the existing landfill site and within North Lanarkshire given its ancillary purpose, scale, location relative to transport networks. SEPA also considered it would assist in reducing the volume of waste sent to landfill and therefore complied with waste management targets outlined in NWS. Pollution Control (Waste Strategy) had similar views. As such it is considered the proposed location of the ancillary waste management facility is appropriate in terms of the need to implement the waste management hierarchy as defined in the National Waste Strategy and assist in meeting the priorities of the GCV Area Waste Plan. As such the proposals fully accord with S P9B( vi i) .

8.12 SPSB(viii)(ix) and (x) requires that the location of the development is appropriate in terms of the need to avoid flooding, and negative impacts on health and safety and air quality. With regard to these issues the accompanying Environmental Statement concluded there would be no significant impacts in these respects. The proposed development would be provided with a drainage scheme that would include SUDS and flood prevention measures and as noted above, all operations would be contained within the building which would have negative air pressures and include filters to prevent unacceptable odours escaping from the building. Geotechnical had no objections on potential flooding impacts subject to an appropriate drainage scheme being installed at the site. This could be covered by a planning condition. There was no objection from Health and Safety Executive. SEPA had no objection to the proposals in terms of its likely impact on air quality and advised such issues would be controlled via their PPC permit regulations. As such the proposals are considered to accord with the environmental aspects of SPS(vii),(ix) and (x).

8.13 Under the terms of SP9C appropriate provision needs to be made by the developer for:

Infrastructure: The proposals involve the provision of an ancillary waste management facility at an existing landfill site that is already adequately serviced. (ii) Transport: The proposed development would use existing access arrangements used by the landfill site. (iii) The development would have no significant impact on environmental resources as concluded in the ES. The proposals include a SUDS provision ICT connection is not applicable in this case Appropriate maintenance measures would be provided for i-iv above There are no archaeological resources at the landfill site due to previous minerals operations. (viii) Community Growth Area requirements are not applicable (ix> The building would be designed to meet energy conservation requirements 8.14 It can be concluded that the proposals accord with the terms of policy SPSA, B and C of the Structure Plan on the basis that this is a development of a temporary nature and ancillary to an existing use.

Monklands District Local Plan 1991

19 9.0 The proposals would involve the development of an ancillary w aste management facility associated with an exiting landfill site that is located within an area zoned as policy GB2 (Countryside Around Towns) in the current local plan. Under this policy there is a general presumption against isolated development unless a specific locational need can be demonstrated. In this regard, it is noted that the proposed facility would not be isolated as it would be sited within and operate in association with the existing landfill site. Moreover the proposals would be developed as an ancillary facility and integrate with the landfill site operations. As such a specific locational need for the facility at this location has been adequately demonstrated. Policy GB2 also requires development to be justified in terms of economic benefit, infrastructure implications and environmental impact. It is considered that the proposals accord with these criteria as the proposed facility would create local employment opportunities, make use of existing infrastructure and have no significant environmental impact as concluded in the ES.

9.1 Policy WDRI sets out that waste management proposals would be restricted to sites lying within the area of devastated landscape and at least 250 metres from the settlements of Plains, Wattston, Greengairs, Caldercruix and Stand. As noted above the proposed site is located within the south western boundary of the landfill site and overlaps an area of devastated landscape that has still to be land-filled. The site is also more than 250m distant from all of the above noted settlements. As such the proposals are considered to accord with the terms of WDRl.

9.2 Policy LI 115 (Devastated Landscape) requires development to include proposals that would improve the quality of the landscape at and around the site. The proposals would be linked to the phased restoration scheme for the landfill site which includes a mix of open grassland and tree planting. Additional screen planting would be included with this proposal to minimise the visual impact of the proposed building. It is therefore considered the proposals accord with policy LI 115.

9.3 Policy CUI15 identifies that the proposed development would lie within a Landfill Gas Area. Landfill gas is currently extracted from completed landfill phases and this is used to power generators which then feed into the national grid. The ES has demonstrated that there would be no significant safety concerns as a result of the development and as noted previously, SEPA, HSE and Protective Services had no objection in this regard. It is therefore considered that the proposals accord with this policy.

9.4 Policy LR 715 sets out that the Council will protect former railway lines, canals and other linear features to protect the viability of enabling access between Airdrie and Palacerigg Country Park. In this regard it is noted that whilst current landfill site operations restrict public access for safety reasons the restoration proposals for the landfill site include public access provision through the site to enable the above noted link to be competed. As such the proposals would not be contrary to this policy.

9.5 It can be concluded that the proposals accord with the development plan policies noted above.

Material Considerations

Material considerations not already covered by development plan policy must be assessed to establish whether they outweigh the development plan. These would include:

0 The Finalised Draft North Lanarkshire Local Plan 2008 (FDNLLP): 0 National Policy, NWS, AWP and Planning Advice Note 63 0 Environmental impacts including: Water Environment; Ecology and Nature Conservation; Landscape and Visual Impact; Noise; and Air Quality issues which were all subject to an Environmental Impact Assessment as reported in the Environmental Statement; 0 Consultation Responses Representations

20 10.0 The Finalised Draft North Lanarkshire Local Plan 2008 (FDNLLP): designates the area as NBE 3B Assessing Development in the Rural Investment Area (RIA).

10.1 Policy NBE 3 B (Assessing Development in the Rural Investment Area) sets out that business, industry or tourist related development proposals within the Rural Investment Area would be acceptable provided they do not exceed 1000 m2 and demonstrate economic benefit. In this case the proposed development would exceed this threshold but would offer economic benefit to the local economy through employment opportunities. However it is considered that as the waste management facility is to be ancillary to the main landfill site operation, that a departure from this policy threshold would be justified. Firstly, the proposed waste management facility would operate as an ancillary use directly associated with the existing landfill operation, which in turn would assist the landfill site to accord with future targets. Secondly, it is considered it would be appropriate to limit the life span of the proposed facility to the duration of the remaining landfill restoration phases. As noted above the landfill operations are due to be completed in 2038 with final restoration completed by 2043. As the facility would produce compost material that would be used in the continued and progressive restoration of the landfill site, it is considered that it would be appropriate to tie the life span of the facility to 2043 with the recycling and waste treatment facility site completed restored by 2045.

10.2 This policy also sets out that the relevant impact criteria listed in NBE 3A (Green Belt) would also be appropriate for assessing acceptable development in Rural Investment Areas. It is considered that the proposals would not have a detrimental impact on the NBE3 A criteria as follows:

0 The proposals relate to an existing landfill operation and it is considered that the relative scale, design and integration with the current use would be acceptable provided this is on a temporary basis as discussed at paragraph 10.1; 0 The proposals would assist in the continued operation of the landfill site, which would eventually be restored to a mix of open countryside and tree planting and allow public access; 0 The proposals respect natural boundaries where appropriate; 0 The aims of the Central Scotland Forest Strategy would not be compromised by the development; There would be no loss of prime agricultural land; There would be no significant loss of local residential amenity; The proposals would offer a positive economic benefit to the local economy The ES information demonstrates that environmental impacts would not be significant or would introduce effective mitigation to reduce impacts to acceptable levels. 0 The proposals would make use of the existing infrastructure at the landfill site. 0 The proposals have a specific locational need in that it would be ancillary to the existing landfill site operations 0 The proposals include an acceptable landscape assessment and additional landscaping works are proposed. 0 The proposals represent a significant development in this semi-rural area and are of a scale that would be far in excess of the threshold of 1000mZ noted in NBE 3 B and beyond that identified in PAN 73 Rural Diversification. However, as noted previously the proposed facility is unique in that it is to be linked to the existing landfill site in terms of its operation and lifespan and on that basis is an acceptable scale of development at this location. In addition the proposed facility is also required to enable the landfill site to continue to operate on a competitive basis as it will enable the operator to source additional waste management contracts in line with emerging waste management targets.

10.3 All development proposals are subject to assessment against Strategic Policies DSP 1, DSP 2, DSP 3 and DSP 4 as follows:

DSP 1 Amount of Development: This relates to planned land supplies meeting Strategic Development Plan reviews of supply and demand. There is no strategic review of land for waste management facilities.

21 DSP 2 Location of Development: This policy sets out that planning permission for new developments may be granted if they are consistent with the policy’s locational criteria. In this respect the proposed development may be considered contrary to this policy as it does not specifically promote urban regeneration by encouraging the redevelopment of brown field land in an urban area. However given that the main purpose of the landfill in the long term is to enable a significant area of devastated countryside to be restored to a beneficial public use, the location of the proposed development is considered acceptable as this will enable the continuation of the landfill operations, and eventually remove this area of devastated countryside. In addition, as the proposed development would be associated with the landfill site, it is considered that its operational lifespan should be tied to the final landfill restoration phases.

DSP 3 Impact of Development: This policy sets out that development proposals, out-with any specific requirements for Environmental Impact Assessments require to be assessed in terms of their impact on economic, social and environmental infrastructure of the community. The proposals were subject to an Environmental Impact Assessment and the significance of the indentified impacts was included in the accompanied Environmental Statement. As noted there would be no unacceptable impacts as a result of the development. DSP 4 - Quality of Development: Under this policy an appraisal is required to be carried out of the existing character and features of the site and its setting including; identity, connections, landscape, biodiversity, heritage or amenity valve. These matters were addressed in the ES, which concluded that adequate mitigation measures could be introduced to safeguard the surrounding area from adverse effects from the size and purpose of the proposed ancillary waste management facility at the landfill site.

10.4 These policies state there is no general presumption in support of waste development but such proposals would need to be assessed under local environmental considerations, the nature of the proposed working, restoration and aftercare, impact on local communities, potential for long-term improvements to site appearance, site access and affect on traffic safety, demonstration of need for the facility and potential use of alternatives to road transport. It is considered that the proposals would meet the terms of the above criteria as these issues have been addressed in the supporting Environmental Statement information and there was no outstanding objection from SEPA, Transport Scotland, Scottish Government, Health and Safety Executive, SNH, Scottish Water, Scottish Power, Protective Services, Geotechnical, Greenspace (Ecology) and Landscape subject to the respective conditions suggested by each party as noted above. As such it can be concluded that the proposals accord with the relevant policies of the Finalised Draft North Lanarkshire Local Plan.

10.5 The National Waste Strategy Scotland 2003 established key principles which were included within the Glasgow and Clyde Valley Area Waste Plan 2003. (GCVAWP) These are:

0 The 0 The Proximity Principle and Self-sufficiency 0 The Best Practicable Environmental Option (BPEO)

The GCVAWP 2003 sets out an indicative list of waste management facilities for the Glasgow and Clyde Valley Joint Structure Plan Area in relation to the Best Practicable Environmental Option (BPEO). In this respect the following combination of indicative facilities were consider to offer the BPEO for the Glasgow and Clyde Valley Area.

0 2 Mixed-Waste Processing Facilities-combined capacity- 125,000te 0 4 Material Recovery Facilities-combined capacity-225,OOOte 0 4 Composting Facilities-combined capacity 95,000te

The GCVAWP 2003 acknowledges that the above noted facilities are indicative only as it was realised that contractual and/or operational arrangements may require a variable combination of a small number of large or numerous small-scale facilities. Moreover the requirements for

22 these facilities were based on municipal solid waste (MSW) only, and as such there is no allowance indicated in the AWP for the processing of industrial and commercial waste streams.

The AWP identifies that other appropriate waste-recovery technologies may have to be integrated into this framework after 2010 to enable landfill diversion targets to 2013 and 2020 to be achieved, including processes such as thermal treatment, , additional production of refuse-derived fuel, autoclaving, and other emerging waste-treatment technologies. The AWP envisages that by 2020, the 96% reliance landfill disposal (identified in 1998) would be reduced to only 25%. In tonnage terms this represents approximately 650,000 tonnes of biodegradable waste being diverted from landfill across the waste strategy area by 2020.

10.6 Scottish Planning Policy 2010 (SPP): In terms of assessing waste management proposals, current national planning policy is expressed through the recently updated SPP (February 2010) complemented by PAN 63 (Waste Management Planning). The SPP adopts a strategy as its main goal and sets out a range of targets for municipal waste including: increased recycling or composting; limiting the amount of municipal waste going to landfill; stop the growth of municipal waste and impose a limit on energy derived from mixed municipal waste. The SPP states that an increase in waste management infrastructure would be required to treat all municipal, commercial and industrial waste and supports a commitment to enabling the future development of new waste management technologies provided this is accomplished in a sustainable manner. The SPP continues to support the waste hierarchy (prevention over reuse, recycling, recovery then disposal) and the proximity principle (where waste is dealt with as close as possible to where it is produced) and encourages planning authorities to share strategic waste management facilities where appropriate. The SPP advises the new technologies are likely to include composting facilities, transfer stations, materials recovery facilities, anaerobic digestion, mechanical, biological and thermal treatment plants. Until the Zero Waste Plan is published in 2010, the capacity requirements of such proposals need to be assessed under the National Waste Plan (NWP), Area Waste Plans, the objectives of the Business Waste Framework and information held by SEPA through the consultation process. Other locations such as former minerals sites should also be considered but overall the proximity principle and accessibility issues should be carefully considered particularly for larger scale waste management development. The SPP advises appropriate buffer zones are put in place between such facilities and any sensitive receptors but overall this may depend on the specific characteristics of individual sites. The SPP advises that appropriately located and well regulated waste management facilities should not pose a risk to human health but further advice on health impacts would be available from SEPA. The SPP states that operational impact and transport are important considerations and depending on the type of facility, noise, effect on water resources, landscape and visual impact and impact on the natural and historic environment may also be relevant considerations.

10.7 PAN 63 (Waste Management Planning 2002) advises there may be significant planning, operational and economic advantages when waste management facilities are located close to where the waste arises. The Self Sufficiency and Proximity Principle is reinforced by stating that structure plan areas should seek to provide facilities to develop a waste management network to handle local waste but also states that the transportation of waste between Area Waste Plans may be considered sustainable only if a local waste facility in an neighbouring AWP is nearer to the waste source than the nearest waste facility located within the exporting Waste Plan Area.

10.8 It is considered that the proposals would accord with the main aims and principles of the above noted national policy and guidance on waste management development. The proposals are considered to be ancillary to the continued operation of the existing landfill site and as such are considered to concur with the terms of the development plan, and with the NWS and AWP. SEPA are content that the supporting information provided bv the developer adequately demonstrates an ancillary need for the facility; and compliance wich the AWP and NWS.

23 Environmental Statement

11.O Wafer Environment: The ES included a detailed hydrology and flood risk assessment in terms of the surface water impacts on the water environment and potential flood risk impacts to the site and locality, The ES identified that additional surface water runoff would be created from the increased impermeable area but with mitigation the ES confirms the MBTllVC development would not cause an increase in flood risk down stream. Other improvements to the existing drainage facilities at this part of the landfill site are also proposed and these would be overseen by SEPA under the Water Environment (Controlled Activities)(Scotland) (CAR) Regulations.

11.1 As noted above, Geotechnical had no objection subject to conditions requiring that a detailed drainage design incorporating a SUDS scheme be approved before works start on site. Given these considerations it is considered that the proposed development would not have a detrimental impact on hydrology or flooding at or near the site subject to condition requiring the approval of a detailed SUDS drainage scheme that incorporated appropriate attenuation measures.

1I .2 Ecology and Nafure Conservation: The ES also provided a detailed assessment of potential ecological and nature conservation impacts. It was concluded that the proposed recycling and waste treatment facility would have no significant effects upon Longriggend SSSl or a non- statutory designated sites. Mitigation and off-setting measures include minimising the disturbance to any protected and non-protected species during the construction phase and through the protection and retention of the valued bog habitat including water courses.

11.3 SNH and the Greening Section (Ecology and Landscape) had no objection subject to conditions. Given the conclusions noted in the ES and the responses from SNH, and Greenspace, it is considered that the proposals would have no significant impact on ecological receptors at the site or on the surrounding area subject to the developer implementing the mitigation measures laid out in Table 6.7 of the ES. These could be covered by planning condition.

11.4 Landscape and Visual Impacts: The ES provides a report which assesses the anticipated impacts landscape and visual impacts. The landscape and visual assessment has confirmed that there would be no significant detrimental landscape or visual impacts as a consequence of the construction or operation of the proposed recycling and waste treatment facility. It would not be visible to any great extent from the villages of Greengairs and Wattston where most visual receptors are located. From longer distance views up to 3.5 km distant, the visual impact would be reduced due to high levels of tree cover that would screen the development which would be finished in a colour scheme that would enable it to blend in with the surrounding moorland and restored grassland.

11.5 SNH advised they were content with the conclusions of the landscape and visual assessment of the proposed development and had no objection to the proposals on the grounds of its landscape and visual impact subject to a condition requiring that the mitigation measures suggested in the ES are fully implemented. Greenspace (Ecology and Landscape) had similar views to SNH and recommended that landscapinghree planting works should be planted along the western boundary to minimise its visual impact from Dargavil Road. This additional planting works could be covered by a condition. 11.6 Noise: The ES acknowledges that the proposed MBTAVC development is considered more typical of an industrial operation and that potential noise emissions would be different from those emitted from the existing landfill site. The mobile plant operations would be conducted within a large building and would operate at different periods of the day from the current landfill operations. The ES assessed the acceptability of the anticipated noise levels in the context of the existing noise environment at Meikle Drumgray Farm, which is approximately 600m from the site boundary and is considered to be the most likely to be affected by noise from the development. The ES concludes that the likely-hood of complaints about increases in noise during the daytime operations would be less than marginal and unlikely during night time operations and the overall impact and would not be considered significant. However it

24 was recommended that to ensure the noise impact remains acceptable there would be a need for a noise limits to be set covered by a planning condition.(Refer to table 8.10 Implementation of Environmental Measures of the ES).

11.7 As noted above, SEPA and Protective Services had no objection to the proposals in terms of potential noise nuisance from the proposed waste management facility. Given these factors, it is considered that noise impacts from the plant operations would be within acceptable levels subject to a condition that would ensure noise emissions are limited to levels noted in table 8.10 of the ES.

11.8 Air Qualify: The ES has included an assessment of the likely or predicted effects of the proposed development on local air quality and its scope, methodology and findings are summarised and assessed as follows. The assessment looked at each of the processes and indentified that there is a potential for bioaerosol and odour generation and subsequent migration off-site to neighbouring receptors. Details of construction dust migration techniques were also considered. The proposal would involve the following mitigation measures to reduce or eliminate emissions of bioaerosols and odour during the operation phase:

All waste transfer, including loading and unloading would take place within the enclosed and controlled building; All processing including sorting and composting would take place within the building; During the composting process, in the enclosed tunnels, the material would be turned regularly turned to ensure stabilisation and prevent the generation of excessive odour; The single enclosed building would be maintained at negative pressure; The reception of waste from lorries would take place through automatic fast closing doors; All air from the building would pass through a biofilter prior to release to the atmosphere to remove both bioaerosols and odour; A wet scrubber system, prior to the release of air through the biofilter is also proposed to minimise odour and bioaerosol emissions; All filter emissions would first be monitored for bioaerosols and odours; and An aeration system would be installed within the IVC tunnels to increase oxygen and thus reduce the formation of odours.

In addition mitigation measures would be introduced during the construction phase including the use of water sprays to prevent dust; minimise unnecessary handling of materials; ensure handling of materials takes place within the enclosed building; seeding surfaces following construction; sheetinglcovering of delivery vehicles; and maintaining wheel wash facilities at the site.

11.9 The ES notes in conclusion that emissions are unlikely to result in any significant impacts beyond the site boundary but acknowledge the greatest concentrations would occur within the site boundary of the facility. The proposed bioaerosol and odour mitigation techniques noted above are expected to reduce emissions even further. The ES also considered that cumulative impacts, taking into account emissions from the current landfill site and approved neighbouring EfW plant at Drumshangie are likely to remain below the assessment criteria. The ES also considered the proposed facility would be beneficial in reducing the fraction of untreated organic waste that is already sent to the landfill site.

11.10 As noted above that SEPA and Protective Services had no objection to the proposals in regards to air quality subject to conditions as noted above. Taking these matters into account it can be concluded the proposed development would have no significant impact on local air quality standards subject to the proposed development's compliance with SEPAs PPC regulations.

11.I 1 Summary of Efecfs: The development proposals have been assessed in the context of the above environmental impacts and it has been predicted via the EIA process that several environmental effects will occur. However, none of these effects are considered to be significant in terms of the EIA regulations.

Consultations

25 SEPA had no objections subject to conditions. SEPA considers the proposals accords with the National Waste Strategy, National Waste Plan and Area Waste Plan as it offered a joint infrastructure solution, offered BPEO and accorded with the proximity principle for this regional scale waste management facility. SEPA also advised that the proposals are capable in principle of meeting their PPC regulatory regimes in terms of ensuring effective monitoring and control over the operation of the facility but suggested the developer may wish to consider ambient monitoring using spore traps to assess background levels upwind of the proposed site. SEPA would also require the developer to provide a SUDS scheme to cover surface water flood attenuation and adequate filtration measures, site waste management plans, construction method statement (CMS). It is considered these aspects can be covered by condition or via SEPAs PPC permit regulations.

Scottish Water had no objection subject to a condition that a new drainage system be agreed with them and that this should include a SUDS scheme and incorporate an oil interceptor prior to discharge to the public sewer system. This can be covered by a condition of any planning permission.

Greenspace (Ecology and Landscape) had no objections subject to conditions that would safeguard habitats and species via the mitigation and enhancement measures stated in section 6.10 of the ES and this should be extended to cover mitigation measures to minimise the impact on the remaining blanket bog habitat. It is considered these aspects could be covered by a condition. Greenspace also recommended that pathways leading through the site be reinstated via a revised restoration plan. This could also be covered by a planning condition.

Scottish Natural Heritage had no objection subject to conditions to ensure that adverse impacts on water voles, blanket bog and breeding birds are minimised. In addition SNH had no objection on the grounds of landscape or visual impact but recommended conditions that would ensure that adverse landscape and visual impacts be minimised. These matters can be covered by conditions.

Protective Services had no objection subject to conditions requiring a detailed ground contamination survey as this had not been addressed in the ES. There was no objection to the proposal from Pollution Control (Waste Strategy). It is considered the outstanding matters over ground conditions can be covered by conditions of any planning permission.

Geotechnical had no objection subject to conditions requiring further details of a site drainage scheme with an appropriate SUDS scheme and attenuation measures to minimise flooding events. It is considered this requirement can be covered by a condition of any planning permission.

Traffic and Transportation had no objection to the proposals subject to condition that would limit the number of combined vehicle trips generated by both the landfill and the proposed recycling and waste treatment facility to 191 RCV/HGV movements per day (382 two way trips per day). In regard to this aspect of the proposals it can be noted that the planning permission for the existing landfill site operations allows the acceptance of 600,000 te of waste per annum. This equates to an average of 191 RCV/HGVs that are allowed to visit the site per day. However, the annual waste input to the landfill site for 2007/8 was less than 300,000 te per annum, which equates to only approximately 91 RCV/HGV visits. The developer considers the additional traffic generated by the facility would operate within the overall capacity limit of the landfill site. However even if the landfill site was to operate at full capacity, the approved traffic generation numbers including the new facility would only be exceeded by the 21 vehicle trips required for the export of recyclables/compost delivery. This worst case scenario is not considered significant in terms of the overall acceptable volumes of traffic associated with the operation of the landfill site and the maximum number of vehicles visiting the site is already adequately controlled under the existing planning permission for the landfill site operations. As such it is not considered necessary to impose a condition to limit traffic volumes in this instance.

Representations

26 13.0 With regard to the letters of representation the following comments can be noted on each point raised.

0 There should be no contamination from leachate water from the proposed development or landfill site.

Comment: The development would require to be provided with an adequate drainage system with the agreement of SEPA and Scottish Water and this would include a SUDS scheme. Existing lagoons which already serve the landfill site operations would also need to be relocated with the agreement of SEPA. It is considered that a satisfactory drainage design would be provided and no pollution of watercourse is envisaged.

0 There should be no air or noise pollution;

Comment: SEPA has advised that appropriate control measures can be introduced to ensure that air and noise impacts are minimised to within agreed standards and controlled by SEPA via the PPC permit regulations.

There should be no increase in road traffic

Comment: There would be a slight increase in traffic levels however this would not be significant and would be within the upper limits previously agreed for the landfill operations.

0 The facility would only deal with existing levels of domestic waste

Comment: The proposed facility would deal with municipal, commercial and industrial waste which is enables the facility to comply with existing and emerging national policy on waste management. This is considered acceptable and would not create unacceptable impacts on the surrounding areas.

0 current operating times associated with the landfill would not be increased

Comment: Whilst RCV/HGV would deliver waste to the site within similar working hours to the existing landfill, the MBT/lVC process would operate on a continual 24 hour basis. However all of process operations would be within the single enclosed building and would not create unacceptable impacts on nearby receptors as noted in the ES. This arrangement was also accepted by SEPA.

0 the development should not be visible

Comment: The building is large in terms of its overall footprint and it has been designed and placed within the landfill site to minimise its visual impact. It would mainly be visible from the western boundary of the site, but would be mainly hidden from views from Meikle Drumgray Farm, Wattston and Greengairs villages located to the north. SNH had no objection to its visual impact in the landscape. It is noted additional screen planting is proposed along the western periphery of the site. The visual impacts of the proposals are considered acceptable. As noted the building would eventually be removed following the restoration of the landfill site.

0 The existing road should be repaired and maintained.

Comments: The existing public roads used by RCW/HGVs are currently subject to ongoing periodic repair and maintenance agreed between the Council and WRG, the landfill site operator. The private haul road is repaired by WRG.

0 The proposals contravene the local plan and would expose the surrounding villages to more pollution.

27 Comment: The proposals are not considered to be contrary to the terms of the development plan. It has been adequately demonstrated that the proposals are not likely to expose the surrounding villages to pollution. As noted all of the processes would be undertaken within a single building that would be subject to atmospheric controls and filters to minimise impacts on air quality. SEPA have advised that the proposals are capable of meeting their PPC permit regulations and had no objection on this basis. As such it is considered that the proposals would not expose the surrounding villages to pollution.

The material terms of objection have been summarised and in conclusion the material terms of objections cannot be sustained and do not raise sufficient reasons to justify a recommendation that the proposals be refused planning permission.

Conclusions

14.0 As the proposed recycling and waste treatment facility waste would be linked to the existing landfill site operations the proposals are considered acceptable as they would accord with the terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 incorporating the 4'h alteration 2008 and the Monklands District Local Plan 1991, The development also accords with the principles of sustainable waste management advocated by the National Waste Strategy and Area Waste Plan where it has been adequately demonstrated that the proposals are acceptable in terms of ancillary need, comply with the proximity principle and offer the best practicable environmental option (BPEO) for dealing with the identified waste streams. There was no objection from statutory consultees including the Scottish Government, SEPA, SNH, Scottish Transport, and Scottish Water. There was no objection from the respective NLC Services requested to comment on the application subject to conditions. The increase in traffic volumes are also considered to be acceptable. The accompanying ES demonstrates that environmental impacts from the development would not be significant and it is agreed that the suggested mitigation measures can be controlled through appropriate conditions. As the facility would be linked to the final restoration phases of the landfill site, it would be appropriate to limit the permission for the MBTAVC facility to 2043, which would tie in with the date of final restoration of the landfill area which would be subject to amended restoration scheme and updated bond arrangements via the completion of a section 75 Agreement. The MBTIIVC facility would also be subject to the amended landfill restoration plan and the building and associated infrastructure removed from the site.

14.1 It has been determined that the objections cannot be sustained and do not raise sufficient reason or concerns that would justify a recommendation that planning permission should be refused.

14.2 It has been concluded that the proposed recycling and waste treatment facility, when tied to the life of the landfill operations accord with the terms of the development plan and are acceptable when assessed against the NWS, AWP and other material considerations noted in the main report. The proposals are considered to be acceptable and it is therefore recommended that planning permission be granted subject to conditions and revisions to the existing Section 75 Agreement and Bond arrangements to cover amendments to the landfill restoration plan.

28 Application No: Proposed Development:

N/09/01128/FUL Construction of Community Centre Including Function Hall, Cafe/Restaurant, Recording Studio, Meeting Rooms, Offices, Creche, Shop, with Associated Parking, Wind Turbine (15m) and Landscaping

Site Address:

Old Star Works lnchneuk Road Glenboig ML5 2QX

Date Registered: 15th October 2009

Applicant: Agent: Glenboig Neighbourhood House GCA Architects Ltd C/o Mrs Teresa Aitken Kelvin House 50 Main Street 87 Calder Street Glenboig Coatbridge ML5 2TQ ML5 4EY

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations:

006 Coatbridge North And Glenboig No letters of representation received. Anthony Clarke, Martin McWilliams, William Shields, Peter Sullivan

Recommendation: Approve Subject to Conditions

Reasoned Justification: Despite being contrary to the Local Plan in respect to Green Belt policy, the proposal has significant community and environmental benefits with limited impact on the current Green Belt function of the site. In this instance those benefits outweigh the protective aims of the Green Belt policy. \ \I PLANNING APPLICATION No. 09/01 128/FUL Produced by This map is reproduced from Ordnance Survey material Construction of Community Centre Including North Lanarkshire Council wth the permission of Planning and Environment Department, Ordnance Survey on behalf Function Hall, Cafe/Restaurant, Recording of the Controller of Her Majesty's Studio, Meeting Rooms, Offices, Creche, Shop, Stationery Office 0 Crow mpyright Unauthorised with Associated Parking, Wind Turbine (15m) reproduction infringes Crown and Landscaping copyright and may lead to prosecution or CNII proceedings North LanarkshireCouncil Old Star Works, lnchneuk Road, Glenboig, telO1698 274274v 100023396 2008 Coatbridge fax 01698 403053 Site arte = 1.OO ha, Proposed Conditions

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

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

2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- LOOl, L002, L003, L004, L005,2009046/C.001,2009046/C.002,2009046/C.003.

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

3. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, roofs and chimney 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.

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 enable the Planning Authority to consider these aspects.

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

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (4 a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) identification of any trees to be retained and their protection in the course of development. For the avoidance of doubt any mature trees lost shall be replaced. (4 a timetable for the completion of these works contemporaneously with the development.

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

6. That prior to the development hereby permitted being brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of 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.

7. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of any trees to be retained and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the existing tree cover. 8. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the prior approval in writing of the Planning Authority.

Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.

9. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat, SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.

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.

10. That the SUDS compliant surface water drainage scheme required under Condition 9 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the development hereby permitted is brought into use, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

11. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

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

12. That before the development hereby permitted starts, details of existing and proposed site levels shall be submitted to and approved in writing by the Planning Authority. Once approved, the levels agreed as part of this condition shall be adhered to through the course of the development, unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure satisfactory control over levels in the interest of the amenity of the area.

13. That before any works in relation to the wind turbine hereby approved start full scale drawings of the turbine (including blades) shall be submitted to and approved in writing by the Planning Authority. Thereafter, the turbine shall be implemented in accordance with the details approved under the terms of this condition. This consent also allows for the installation of a temporary wind monitoring mast to be installed prior to any works taking place within the site, details of which (height, fixings and time periods) shall first be submitted to and approved in writing by the Planning Authority.

14. That access to the site shall be via a 5.5m wide drop kerb footway crossing arrangement, at right angles to lnchneuk Road, paved for a minimum of 10 metres from the heel of the footway, details of which shall first be submitted to and approved in writing by the Planning Authority.

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

15. That visibility splays of 4.5m x 90m shall be provided from the site access in both directions along lnchneuk Road and thereafter retained to the satisfaction of the Planning Authority. Reason: In the interests of vehicular and pedestrian safety.

16. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority.

Reason: To ensure the suitability of the site for the proposed development.

17. That any remediation works identified by the site investigation required in terms of Condition 16 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority, prior to the completion of the development, confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure the suitability of the site for the proposed development.

18. That should 6 months or more elapse between the timing of the initial ecological survey dated 23rd February 201 0 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

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

19. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control.

20. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective con tro I. 21. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

Backaround Papers:

Consultation Responses:

Letter from Architectural Heritage Society received gth November 2009 Letter from Scottish Water received gthNovember 2009 Letter from Scottish Environment Protection Agency received 1" March 2010 Memo from Geotechnical Section received 24 November 200: Memo from Countryside And Landscape ManaRer received 25 November 2009 Memo from Traffic & Transportation received 9 March 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 616437.

Report Date:

8 March 2010 APPLICATION NO. N/09/01128/FUL

REPORT

I. Site Description

1.1 This application is for the construction of a Community Centre (including various associated facilities) on land off lnchneuk Road, Glenboig. The site lies directly to the north of Glenboig on the site of the former Old Star brickworks. The brickworks ceased operation in the 1970’s with the site subsequently demolished and covered over. Although now forming part of the Village Park which extends to the west, the site can be easily defined by its unkempt appearance and rough scrubland. The ground is not maintained, has evidence of fly-tipping and does not contribute positively to the wider function of the park other than providing a link from lnchneuk Road.

1.2 Beyond the Village Park lies Garnqueen Loch to the west, industrial yards lie to the south and east with open space and various cottages to the north. The ground generally declines in level from north to south and falls away to Garnqueen Loch.

2. Proposed Development

2.1 The application is for the construction of a Community Centre and this will include a function hall, cafehestaurant, recording studio, meeting rooms, ancillary offices, a creche, youth facilities and an on-site shop. Also proposed is associated parking, landscaping and the potential for a 15 metre high wind turbine which would serve the facilities energy needs. The building is single storey with a raised viewing veranda extending from the cafe towards Garnqueen Loch. The building has been developed with a contemporary energy efficient design, incorporating a reclaimed brick tower feature reflecting the site’s historic use, as well as modern materials (including copper and timber cladding). The building would be located centrally within the site and direct vehicular access would be taken from lnchneuk Road. Pedestrian linkages would be maintained through the site connecting with the Village Park.

3. Applicant’s Supportinn Information

3.1 The applicant has provided a Design Statement, Energy Information, Turbine Details, Drainage Information and a Protected Species Report.

3.2 Also provided is background information and supporting justification. It is detailed that Glenboig Neighbourhood House (currently located on Glenboig Main Street) is an organisation providing the community with adult education, youth work, carers support, creche facilities, a community cafk, citizens advice and the organisation of community events. The organisation has out-grown the current premises and has identified the application site as the most appropriate option in Glenboig.

4. Site Historv

4.1 There is no relevant site history relevant to the application.

5. Development Plan

5.1 The proposed development raises no strategic issues and this application will therefore be considered in relation to policies within the Monklands District Local Plan 1991. Policy GB1 (Restrict Development in the Green Belt) applies in this case with a restriction on non-conforming uses.

6. Consultations

6.1 A summary of comments from consultees is as follows: The Architectural Heritage Society of Scotland have no objection to the application and comment on design and landscaping. Scottish Water have no objection and comment on drainage requirements relating to the proposal. SEPA have requested that a condition be attached requiring the appropriate management of surface water drainage. Comments are also given in respect to flood risk and other SEPA regulatory requirements. The Geotechnical Section have no objection to the application but comment on requirements relating to flooding and drainage. Protective Services have no objection to the application but raise considerations in respect to construction impact and lighting and highlight a requirement for a site investigations to be carried out. Traffic and Transportation have noted that the ability to increase the width of the upper section of lnchneuk Road to 6 metres (should that be required at some point in the future) should not be prejudiced. It is noted that the existing 2 metre wide footway should be maintained post development, while other technical requirements in respect to site access and parking are given.

7. Representations

7.1 No letters of representation have been received.

8. Planninn Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposed development is not considered to be significant in strategic terms and can therefore be assessed in accordance with the local plan.

8.2 Develoroment Plan: Monklands District Local Plan 7997: The site is covered by policy GB1 Restrict Development in the Green Belt. This policy restricts development in the Green Belt to exceptional circumstances related to forestry, agriculture and uses which specifically require a rural location. It is accepted that this proposal does not constitute such a use and is therefore contrary to the Local Plan.

8.3 Other Material Considerations: Glasgow and the Clyde Valley Joint Structure Plan 2000 incorporating the 4” alteration 2008 and SPP. Although the proposed development does not meet the threshold of development considered significant in strategic terms, the Structure Plan and supporting national guidance does offer assistance in assessing whether there are material considerations that would render this application acceptable, despite the Green Belt zoning.

8.4 Firstly, SPP details that the key objectives of Green Belt policy are to direct growth to the most appropriate locations and support regeneration, to protect and enhance the character, landscape setting and identity of towns and to protect and give access to open spaces. The Structure Plan gives further policy specifically supporting Green Belt protection. While acknowledging that the application site falls within the Green Belt, it is also accepted that the former brickworks is brownfield, forms part of a semi- urban use in association with the Village Park and is in very poor condition (visually and functionally). With this in mind and taking into account the surrounding land uses (industry on two sides), it is not considered that the site currently has a high rating in terms of Green Belt function and could benefit from environmental improvement.

8.5 In assessing proposals contrary to policy, the Structure Plan goes onto give consideration to a range of criteria, including specific locational need, economic benefit, social benefit and environmental benefit.

8.6 Glenboig Neighbourhood House is a community based organisation that has been providing services in Glenboig since 2001. The proposal for a Life Centre has developed as the result of consultation, their knowledge of local need and their experience of working within the community. Although designed to primarily respond to local demand, services and facilities will be open to all. A potential 2,465 individuals and 25 voluntary and community groups are estimated to be impacted by this investment.

8.7 The applicant has noted that consultations have repeatedly highlighted the demand for additional facilities for young people and the need for an adequate venue for social functions, They note that lets are currently available at the Community Centre (used primarily for sports activities), Masonic Hall, primary schools and their own premises, however demand exceeds supply at key times and space is limited. For example, the youth group operated by the applicant is open to limited age groups each night due to space restrictions.

8.8 Detailed justification has been submitted with this application including the proposal’s contribution to local and national strategies. Also provided are details of community consultation carried out by the applicant which concluded that approximately 113 of the villages’ households responded and were in support of the proposal. Overall, it is accepted that in respect to need, the proposed facility is well supported and would provide a valuable community benefit, Taking into account the specific aspirations of the scheme, it is also accepted that a locational need can be identified in respect to the size of site required and its close proximity to the village with linkages to the Village Park.

8.9 In respect to social, economic and environmental attributes that can result from the scheme, the applicant has provided the following justification:

Social: 0 increased capacity of youth facilities and extended programme of activities, 0 80 young people and adults participating in learning programmes achieving accredited and non-accredited learning outcomes, 0 training, employability and work experience programmes to assist those seeking work, 140 volunteer places and a volunteer development programme running with 25 participants annually improved caf6 with extended opening times and healthy eating themes, a new venue for social functions of a standard currently not available in the village, new facilities such as the recording studio and a dedicated youth wing, additional services - creche, community shop, outreach work - provided within the community counteracting some of the transport issues particularly for families and the elderly, 0 a facility with all abilities access, 0 better services for older people encouraging social inclusion and intergenerational activities.

Comment: It is accepted that the proposed development will offer significantly enhanced community facilitieslbenefits to those already available in the town.

Economic: retention of 4 full time and 2 part time jobs, 0 a financially self-sustaining project after 1.5 years of operation, 0 a catalyst for other local businesses to develop in response to increased traffic through the village, potential business accommodation - initial discussions have been held with the post office and local florist, 0 opportunities to work in partnership with local businesses for example transport providers, local photographer and by providing office based support services.

Comment: It is accepted that the application offers economic benefits to the area through its construction and on-going operation. It is also considered that indirect economic benefits may result from having improved community facilities within the village. It is accepted that an ancillary shop within the facility is a further economic attribute of the scheme, however any future proposals to more formally direct retail or business to this site from other appropriate accommodation within the village would require separate consideration. It is important that this facility should not detract from the viability of available and operational units already in Glenboig. Subsequently, it is proposed that the applicant be advised through the decision notice of the requirement to seek planning permission for any future changes or new uses within the scheme currently proposed, should this application be supported.

Environmental: 0 regeneration of a brownfield site, 0 an exemplar building following best practice and principles of sustainable design including super-high levels of insulation, 0 use of renewable energy sources for power and heating - a ground-source heatpump, wind turbine and solar panels are under investigation.

Comment: It is accepted that this application can offer significant environmental improvements to the site and wider Village Park. Despite linkages to the wider area, the site currently has little environmental or functional value. The proposed development is considered to offer a significant community benefit within the Village Park affording the opportunity to displace poor quality ground and improve other ground with associated landscaping, management and maintenance. Also proposed is a bespoke building of high quality design introducing a strong sense of place to the Village Park. Pedestrian linkages to the wider area and Village Park are also retained and improved. The development also allows areas of knotweed within the site to be treated. The sustainable attributes of the building are noted.

8.10 Finalised Draft North Lanarkshire Local Plan: The site is designated HCFI B2 Town Parks and Community Parks. This policy aims to maintain community well-being in residential areas by protecting identified community facilities. In this case the application site is taken out the Green Belt and designated as a Community Park. In this respect, the Green Belt implications discussed above become redundant and the main consideration is the impact on the Community Park. This is considered satisfactory, as covered above, and it is considered that the emerging local plan therefore offers a degree of comfort for the application, although it is deemed to be technically contrary to the relevant policy.

8.1I Design and Impact: It is considered that the proposed building is extremely positive in terms of design, is appropriately sited and finished with materials which are respectful to the building's purpose and relationship with the Village Park. The proposed chimney also respects the sites historic use and will help create a strong sense of place. It is however considered that due to location of the site within the Village Park, quality landscaping (including replacement planting) will be essential and it is proposed that this should be covered by conditions as part of any consent. In respect to impact, the site is detached from residential properties to the south by two industrial sites. Subsequently, impact on residential amenity would be to an acceptable level. There are residential properties to the north however these are also sufficiently set back. At 15 metres high, it is also considered that the proposed turbine will not have any significant visual impact of the site or wider area.

8.12 Consultations: Traffic and Transportation have commented that the applicant must ensure that lnchneuk Road retains the ability to be able to operate as a local distributor road, with appropriate width from it's junction from Main Street to the site access as well as maintaining the existing 2 metre wide footway. The proposed layout does not prejudice either. Also required is adequate visibility splays from the site access with appropriate geometry and construction. It is considered that these matters can be satisfactorily addressed via conditions. A detailed breakdown of parking requirements is also provided which demonstrates that the proposal is short of 6 spaces, plus any required for the proposed creche. Given a total of 57 spaces is provided and taking into account the proximity of the site to the village and pedestrian linkages though the Village Park, it is considered that this shortfall is not unreasonable. It is noted that the creche within the facility is marginal in size and is to primarily benefit users of the facility rather than operate as a nursery.

8.13 While further information on the drainage infrastructure has been requested by the Geotechnical Team, much of this has now been submitted for consideration. The open nature of this site is such that adequate room exists for any necessary drainage infrastructure. It is noted that both Scottish Water and SEPA offer no objection provided appropriate drainage systems are used, All drainage and flooding matters can therefore satisfactorily be addressed by conditions. The requirement for a Site Investigation can also be ensured via conditions. In respect to Ecology, a Protected Species Survey has been submitted and this has raised no matters which should prevent planning permission being granted.

9. Conclusion 9.1 In conclusion, drawing all these factors together, it is considered that despite being located in the Green Belt and part of the Village Park, in this instance there are material considerations that merit a departure from policy. The benefits are the community nature of the proposal, the significant environmental improvements that can be realised, the quality of the design and function of the building and the fact that the current Green Belt function of the site won’t be unacceptably reduced. As such it is recommended that planning permission be approved subject to conditions. Application No: Proposed Development:

NI1 0/00032/FUL Erection of Temporary 60 Metre High Wind Monitoring Mast (Renewal of Permission) Site Address:

Devro Ltd Gartferry Road Chrvston G69 OJE

Date Registered:

25th January 2010

Applicant: Agent: Devro Ltd SgurrEnergy Ltd Devro (Scotland) Ltd 225 Bath Street Moodiesburn Glasgow G69 OJE G2 4GZ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 5-Strathkelvin. Councillors No letter of representation received. Hogg, McGlinchey, Shaw and Wallace

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Planning permission was previously granted for the mast in June 2007. The temporary wind monitoring mast is compatible with an industrial location and complies with industrial policy ECON2 of the Northern Corridor Local Plan 2005. The slim line profile will not impact significantly on the landscape character of the area. The development is part of a process that contributes towards the Scottish Government's aspirations for increased renewable energy systems.

Proposed Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on 31'' December 2013.

Reason: To enable the Planning Authority to retain effective control, having regard to the temporary nature of the proposal.

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

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

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. I I I I 4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997, to monitor the development, to enable the Planning Authority to retain effective control.

5. That on completion of the monitoring, the mast hereby permitted shall be removed and the land returned to its former use as open land.

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

Backaround Papers:

Contact Information:

Any person wishing to inspect these documents should contact Ms Erin Goldie on 01236 61 6464

Report Date:

25th February 201 0 APPLICATION NO. NI1OI00032IFUL

REPORT

1. Site Description

1.1 The applicant proposes to erect a 60 metre high wind monitoring mast. The application site is within the grounds of the Devro Factory, Gartferry Road, Moodiesburn. To the north of the application site is Gartferry Road and beyond that designated Greenbelt fields. To the south of the application site is the A80. To the east of the site is an avenue of trees covered by a Tree Preservation Order. To the west of the site and beyond the factory building itself is a modern housing development.

2. Proposed Development

2.1 Planning permission was previously granted for the mast in June 2007. The proposal is to erect a 60 metre high wind monitoring mast for a temporary period of 3 years. The adjacent factory measures approximately 15 metres in height. The mast would be located in the north east side of the site and would be accessed from the access road east of the factory. The development location is currently open land and is relatively flat.

3. Applicant’s Suwortina Information

3.1 A short design statement advises that the mast will consist of interconnecting sections of galvanised steel tube with guy wires at 10 metre intervals. The height of the mast is necessary to monitor wind speeds and directions. There will be no requirement for foundations. The mast is required to establish whether or not the site has any development potential for the siting of a wind turbine.

4. Site History

4.1 The following planning permission is relevant to the proposal:

N/07/00531/FUL: Erection of a 60 metre high temporary wind monitoring mast. Granted a two year temporary permission on 13 June 2007.

5. Development Plan

5. I This proposal raises no strategic implications and this application can therefore be considered in relation to Local Plan policies within the Northern Corridor Local Plan 2005. The site is covered by policy ECON2 (Established Industrial Areas) where appropriate industrial and business developments are supported. It should be noted that the Structure Plan supports renewable energy, in particular, section 12.13 which states: “Within the structure plan area, there could be significant opportunities for wind power developments”

5.2 The following policies of the Northern Corridor Local Plan 2005 are also of relevance:

ENV35: “The Council will encourage proposals which involve renewable energy whilst also having regard to the protection of important environmental assets and other interests -Where the development will not result in unacceptable intrusion to the landscape -Where the development will not result in a significant detrimental effect on heritage -Where the development will not result in a significant detrimental effect on sites of nature conservation value -Where the development will not result in an adverse impact on the recreational experience in the surrounding area.”

ECON7: “In determining applications for the development of industrial uses of where issues of nuisance or bad neighbour development might arise the Council will have particular regard to their impact on the local environment and adjoining land uses.”

6. Consultations

6.1 As this is a renewal of a consent only Cumbernauld Airport has been consulted. A summary of there consultation response is as follows.

Cumbernauld Airport: No objections.

7 Reoresentations

7.1 No letters of representation have been received.

8 Plannina Assessment

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

8.2 Development Plan - Northern Corridor Local Plan 2005: Due to their nature, wind monitoring masts require sites that are high level, open and not surrounded by high buildings. The Devro factory site meets these requirements. The wind monitoring mast is an initial stage of a process which will result (subject to planning permission being granted for a wind turbine) in the supply of renewable energy to an existing industrial operation. For these reasons, the proposal is considered compatible with policy ECON2 (Established Industrial Areas). It is accepted that the mast is tall and will be a visible feature on the landscape. The design, however, is slender and is not considered to be visually intrusive. It will be a sustainable development. Considering this, the proposal is deemed to comply with policies ENV35 (Renewable Energy) and ECON7 (Assessment of Industrial Applications).

8.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The site is within a designated industrial site where policy EDI 1 A1 (Protecting Economic Development and Infrastructure Resources) applies. For reasons covered in 8.2 above, it is considered that the proposal complies with this policy. Design policy DSP4 (Quality of Development) is also of relevance. Notwithstanding the height, the mast is slim line and is not foreseen to be visually intrusive. It is considered that this policy is complied with.

8.4 Scottish Planning Policy (Land Use Planning Matters-Renewable Energy) and Planning Advice Note 45 (Renewable Energy Technologies) - The SPP and PAN 45 support the principal of renewable energy proposals.

8.5 2007 Planning Permission (N/07/0053l/FUL) - The mast being considered through the current application has a similar height and design to the June 2007 approval. The previous permission lapsed in June 2009 and so cannot now be implemented.

9 Conclusions

9.1 The application is for the renewal of permission of a temporary mast. The installation involves no excavation and the site can be fully restored upon completion of the monitoring. A planning condition is recommended with respect to this.

9.2 The temporary wind monitoring mast is compatible with an industrial location and so complies with policy ECON2 of the Northern Corridor Local Plan 2005. The slim line profile is not foreseen to impact significantly on the landscape character of the area. The development contributes towards the Scottish Government‘s aspirations for increased renewable energy systems. Taking account of the foregoing it is recommended that planning permission be granted. Application No: Proposed Development:

NI1OIOOO8OIFUL Conversion and Extension of Existing Farm Buildings to Form 3 Dwellings and Construction of Replacement Dwelling

Site Address:

Rushyhill Farm Robroyston Road Auch in loch G64 1UW

Date Registered:

10th February 2010

Applicant: Agent: Caledonian Properties Limited Colin McLean 2 The Cross Court 3 Main Street Bishopbriggs Milngavie G64 2RD G62 6BJ

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 5 - Strathkelvin. Councillors Hogg, McGlinchey, No letter of representation received. Shaw and Wallace

Recommendation: Refuse

Reasoned Justification:

The proposed housing development would be detrimental to the rural character of the Green Belt and its approval could set a precedent that would make it difficult to refuse similar planning applications.

Recommendation: Refuse for the Following Reasons:-

1. The proposed development will adversely affect the green belt rural environment of the local area by introducing new residential development that is not required for any rural use; in this respect the proposal is contrary to National Planning Policy and green belt and site location policies in the Northern Corridor Local Plan 2005 (ENV 5 and ENV 6) and the Finalised Draft North Lanarkshire Local Plan (DSP 2 and NBE 3A).

2. The proposed residential development will adversely affect recognised sustainability interests by being in a detached greenfield location thus encouraging private car trips by residents and visitors.

3. That should planning permission be granted a precedent will be set for inappropriate development within protected green belt areas.

Backnround Papers:

Consultation Responses:

Built Heritage and Design received 15 February 2010

Contact Information:

Any person wishing to inspect this document should contact Erin Goldie on 01236 616464.

Report Date: 1'' March 2010 APPLICATION NO. N/l0/00080/FUL

REPORT

1. Site Description

1.1 The applicant proposes to construct 3 dwellinghouses and a replacement dwellinghouse at Rushyhill Farm steading. It is in a rural location west of Auchinloch and east of Bishopbriggs. The farm steading comprises an existing dwelling, redundant outbuildings and two large agricultural sheds. The latter sheds are leased to farmers in the area and currently house livestock. The steading buildings sit on a hill and so are conspicuous features on the landscape. Rushyhill is not an operational farm.

2. ProPosed Development

2.1 The application is for the formation of three houses on the footprint of existing outbuildings and the construction of a replacement for the existing dwellinghouse. The applicant states that the three dwellinghouses are conversions of the outbuildings but this is not borne out by the submitted plans. As such, the proposal is regarded as new build development and has been assessed on this basis.

3. Applicant’s Supportinn Information

3.1 No supporting statement has been submitted with the application.

4. Site History

4.1 No relevant site history.

5. Development Plan

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

Northern Corridor Local Plan 2005

0 Policy ENV 5 states that there will be a presumption against new residential development in the Greenbelt unless it is shown to be necessary in the direct interests of agriculture, forestry, or other uses appropriate to a rural area. 0 Policy ENV 6 states that there will be a presumption against replacement dwellings where the original dwelling is considered by the Council to contribute positively to landscape character and local distinctiveness through characteristics such as design, vernacular character, or historical significance. The new dwelling should be built with regard to national design guidance such as PAN 73 (Housing in the Countryside). Policy ENV 7 supports the restoration and renovation of existing redundant buildings that are of some vernacular interest to form buildings for a use considered appropriate by the Council provided the external walls are substantially complete and the buildings are no longer capable of reasonably beneficial use for the purpose of which they were designed or last used. 6. Consultations

6.1 No responses received. It should be noted that irrespective of this, the proposal is considered to be contrary to the development plan and so there is no reason to postpone the determination of the application. 7. Representations

7.1 No letters of representation received.

8. Planning Assessment

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

8.2 Develosment Plan - Northern Corridor Local Plan 2005: No supporting statement or agricultural justification has been submitted with the application. It is the assessment of the plans submitted that the proposal is for the construction of 3 new build houses and a replacement house. Policy ENV 5 does not support new build housing the Green Belt and so the proposed development is contrary to this policy.

8.3 Policy ENV 6 (Replacement Dwellinghouses): It is accepted that the existing dwelling is not architecturally or historically significant. The finishing materials are basic. To this end, the policy supports the demolition of the dwelling, It is considered that the proposed replacement dwelling accords with this policy.

8.4 Policy ENV7 (Conversion of Buildings): The agricultural buildings are currently redundant. The submitted plans would seem to illustrate the majority of the buildings walls as corrugated iron or wood which are not considered capable of or worthy of conversion. The policy supports the conversion of buildings in the Green Belt subject to certain criteria as noted in section 5 however the Planning Service does not agree that the proposed plans constitute conversion of the existing buildings. The proposal is contrary to this policy.

8.5 Ofher Material Considerations - finalised Draft North Lanarkshire Local Plan: Policy NBE3 of the Finalised Draft North Lanarkshire Local plan is a material planning consideration in this case. This policy seeks to protect the character of the Green Belt through restricting development to acceptable types. Similarly to policy ENV 5 and ENV 7 above, this policy only supports development in the green belt when it is necessary for agriculture, forestry, or other uses appropriate to a rural area. The policy also only supports conversion of redundant out buildings where the buildings are no longer reasonable capable for which they were designed, they are of vernacular interest and the development would not lead to effective demolition and reconstruction. For the reasons covered in 8.4 and 8.5 above, it is considered that the proposal is contrary to this policy. 8.6 Scottish Planning Policy (Land Use Planning Maffers- Green Belts). Key themes in the consolidated SPP are promoting development in brown field rather that green field locations and seeking to maintain the effectiveness of existing Green Belts and safeguarding the character and amenity of the countryside. The identity of towns should be maintained by establishing a clear definition of their physical boundaries and preventing coalescence. It is considered that the three proposed additional dwellinghouses will have a significant and adverse affect on the local rural amenity and ambiance of the area. It is a conspicuous site within an open area of greenfields, the development will reduce the openness of the area and will introduce an urbanising element. A grant of permission will set a precedent for other inappropriate dwellinghouses in the green belt to the detriment of the amenity of the wider area. It is considered that the SPP key themes do not support this application.

8.7 Susfainabilify Issues: The rural location of the site means that walking distances to public transport and shops is excessive. The only realistic means of accessing the proposed dwellinghouses is by private car. This reliance on the private car is contrary to national and local efforts to reduce dependence on non renewable sources of energy and to the related promotion of developments which are accessible by walking, cycling and public transport. 9. Conclusions

9.1 The proposed housing development would be contrary to National Planning Policy and Development Plan Policy; would be detrimental to the character of the Green Belt and its approval could set a precedent that would make it difficult to refuse similar planning applications. Having considered the merits of this case, it is recommended that planning permission be refused. Application No: Proposed Development:

N/10/00097/FUL Part Change of Use from Former Retirement Home (Class 8) to Children's Nursery (Class 10)

Site Address:

Burngreen Lodge Retirement Home Burngreen Kilsyth G65 OHT

Date Registered:

4th February 2010

Applicant: Agent: Kidstore Childcare Ltd Gregor Robertson 328 Main Road 12 Mary Stevenson Drive Condorrat Alloa Cumbernauld FKlO 2BF G67 4DZ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 1 Kilsyth. Mark Griffin, Jean Jones, David Key 2 representations received (including one from Councillor Jones).

Recommendation: Approve Subject to Conditions

Reasoned Justification:

It is considered that a children's nursery is compatible with policy CF2 (Community Facilities) of the Kilsyth Local Plan 1999 and that the use will benefit the Kilsyth area by providing a service to residents and local employees.

Proposed Conditions: - That the development hereby permitted shall be started within three years of the date of this permission.

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

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

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

That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006

4. That within 4 weeks of completion of all approved building works on site and the approved use commencing, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997, to monitor the development, to enable the Planning Authority to retain effective control.

5. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the part of the premises approved as a children's nursery shall be used only as a children's nursery and for no other purposes (including any other purpose in Class 10 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997).

Reason: To enable the Planning Authority to retain effective control over the use of the premises in the interests of the surrounding area.

6. That unless as may otherwise be agreed in writing by the Planning Authority, no more than 90 children shall be in the nursery premises at any one time.

Reason: To enable the Planning Authority to retain effective control.

7. That before the development hereby permitted starts elevations covering the alterations to the exterior of the building shall be submitted to, and approved in writing by the Planning Authority.

Reason: For the avoidance of doubt and in the interests of the amenity of the building and the surrounding area.

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

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

9. That before the nursery hereby permitted is brought into use, the vehicular and pedestrian access and exit shall be constructed in accordance with the approved plans.

Reason: In the interests of traffic safety.

Background Papers:

E-mail from Councillor Jones received 16 February 2010. Letter from NHS Lanarkshire received 25 February 2010.

Contact Information:

Any person wishing to inspect the plans or above document should contact Erin Goldie on 01236 616464.

Report Date:

1 March 2010 APPLICATION NO. N/10/00097/FUL

REPORT

1. Site Description

1.1 This application is for a change of use of part of a single storey former nursing home at Burngreen Lodge, Kilsyth to a children’s nursery. The building is owned by North Lanarkshire Council. It has an unusual shape with a principal road facing wing and two rear vertical wings. The premises enjoys extensive garden ground to the rear. The site is accessed from Burngreen which serves the community facilities of Kilsyth Health Centre, Library, Community Centre, Burngreen Park and Recreation Ground, Registrars Office and Bowling Green. A public footpath and the Ebroch Burn are to the rear of the application site.

2. Proposed Development

2.1 The applicant proposes internal alterations to the principal road facing wing of the building and internal alterations to part of the rear wings. The internal alterations will bring the sections of the building proposed to be used up to Care Commission standards. There are minor alterations to the exterior of the building.

3. Applicant’s Sumortinn Information

3.1 The applicant has provided the following information:

The building has a total internal floor area of 1036 square metres and the applicant proposes to occupy 553 square metres. The building has been vacant for approximately 18 months. The nursery would initially offer pre school education and activities for 80 to 90 children from the Kilsyth and neighbouring areas. A maximum of 20 staff would be required at any one time. Operational hours would be between 7.30am and 6.30pm Monday to Friday. It is anticipated that peak hours would be from 7.30am to 9.00am, 11.30am to 1.30pm and 4.30pm to 6.00pm. Existing parking is accessed and exited from the same point and only 4 spaces are available. The applicant proposes to form a new access to create a one way system with a separate access and exit. A total of 15 parking spaces are proposed. The applicant anticipates short stay parking with parents only dropping off and picking up their children. A pedestrian access to the adjacent eastern car park is proposed.

4. Site History

4.1 No relevant site history.

5. Development Plan

5.1 There are no strategic implications and this application can therefore be considered in relation to Local Plan polices within the Kilsyth Local Plan 1999. The site is covered by policy CF2 (Community Facilities). This policy states that there will be a presumption against proposals that involve the loss of community facilities. Policy TR7 (Roads and Parking) is also of relevance. This policy states that adequate provision of parking in all new developments or change of use must be made by developers. 6. Consultations

6.1 No responses received.

7. Representations

7.1 Councillor Jones has submitted written support of the application.

7.2 NHS Lanarkshire who operates Kilsyth Health Centre on Burngreen has objected to the proposal. The points of concern are congestion, on street parking and access. The representation is expanded in paragraph 8.6 below.

8. Planninn Assessment

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

DeveloDrnent Plan - Kilsyth Local Plan 1999: The proposal is considered to comply with policy CF2 (Community Facilities) in that a nursery will provide a community facility that will serve and benefit the residents and employees of the Kilsyth area.

Burngreen is a busy road serving a range of community uses, all of which have limited in- curtilage parking. It is recognised that on-street parking is a problem. Burngreen Lodge however is an existing building that has previously been used as a nursing home and could still be used as such. Nursing homes generate their own staff and visitor parking as will the nursery. The nursery however will operate on a drop off and pick up basis and so the only long stay parking will be by staff members. It is anticipated that a number of staff will be local to the area and so may not arrive by car. The applicant has proposed 15 in-curtilage parking spaces and there is an adjacent car park with approximately 40 spaces. It is considered that the proposed one way system will encourage the smooth transition of traffic in and out of the site. Considering the above, it is recognised that there is some tension with policy TR7 (Roads and Parking) but the proposal is not considered to be necessarily contrary to this policy.

Other Material Considerations - Finalised Draft North Lanarkshire Local Plan. Policy HCF 1 B1 (Community Facilities) applies. For reasons covered in section 8.2 above it is considered that the proposal complies with this community facilities policy. Marketing of the Propefiy - Burngreen Lodge is a Council owned property. When it became vacant in September 2008 it was made surplus to requirements. The current applicant expressed an interest in the property shortly after and has since been in negotiations with Council officials regarding works required to upgrade and repair the damage to the building. It is understood that the proposal to lease the building will be considered by the relevant Committee in the near future.

Representations - The objection letter can be summarised as follows:

Burngreen is very narrow and access to Kilsyth Health Centre is already restricted due to congestion and on street parking. The nursery use will jeopardise safe access for patients and emergency services.

Comment: As stated in section 8.3 above, Burngreen is a busy road serving a range of community uses, all of which have limited in-curtilage parking. It is recognised that on-street parking is a problem. Burngreen Lodge is however an existing building that was previously used as a nursing home for the elderly. Nursing homes generate their own staff and visitor parking as will the nursery. The applicant has provided 15 in curtilage parking spaces in an attempt to limit the number of cars likely to park on street. The applicant has provided a pedestrian access to the 40 car parking spaces adjacent to the site and so at times when the 15 in-curtilage spaces are occupied, it is likely that these spaces will be utilised. The issues raised in the objection are, however, recognised as understandable concerns.

9. Conclusions

9.1 Burngreen Lodge is a vacant building in need of significant repair. The proposal will result in the building being upgraded and occupied. It is considered that a children’s nursery is compatible with policy CF2 (Community Facilities) of the Kilsyth Local Plan 1999 and that the use will benefit the Kilsyth area by providing a service to residents and local employees. Having considered the merits of this case, it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

NI101001 291FUL Minor Refurbishment Works and Windows Installation to Former Shop/ Office Site Address:

9A Constarry Road Croy G65 9HD

Date Registered:

11th February 2010

Applicant: Agent: Mr Chris Ross Mr Bobby Lee Media House 18 Haddow Street 8 Dunnswood Road Hamilton Ward park South Lanarkshire Cumbernauld ML3 7HX G67 3HG Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth No letters of representation received. Mark Griffin, Jean Jones, David Key,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal complies with the adopted Kilsyth Local Plan, 1999. It is considered that the proposal will improve the building and as a consequence will improve the amenity of the surrounding area. The impact on neighbouring properties is considered to be acceptable. I Proposed Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 09-180-GA 001 and 09-180-GA 002.

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

3. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the alterations to the external wall on the east facing elevation of the building shall match in colour and texture those of the existing building.

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

4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 5. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997, to monitor the development, to enable the Planning Authority to retain effective control.

Backaround PaPers:

Representation Letters

No letters of representation have been received.

Contact information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 616394.

Report Date:

25th February 2010 APPLICATION NO. N/IO/OO129/FUL

REPORT

1. Site Description

1.1 This application is for minor refurbishment works and the installation of windows at 9A Constarry Road, Croy. The application property is vacant and is currently owned by North Lanarkshire Council but is deemed surplus to requirements and is in the process of being sold. The property was formerly used by the Council as a rent office. Latterly, the local community council used the property on an informal basis to run a co-operative shop for local residents.

1.2 The building is currently in need of renovation works. The applicant proposes to use the building for either shop (Class 1) or office use (Class 2). No change of use would be involved moving from office to shop.

1.3 The site is surrounded by residential properties and is situated adjacent to a junction where Smithstone Crescent meets Constarry Road.

2. ProDosed DeveioDment

2.1 The proposal comprises the installation of windows with roller shutters on the front elevation and north-west facing side gable elevation of the building. An existing door on the south-east facing gable of the building will be in-filled and rendered to match the existing external materials of the building. The existing building is constructed with off-white roughcast render and grey concrete roof tiles.

3. Site History

3.1 There is no relevant planning history for the application site.

4. Development Plan

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

4.2 In the Kilsyth Local Plan, 1999, the application site is located within an area covered by housing Policies HG3 - 5. These policies seek to protect the established character of existing and new housing areas. It is also considered that Policy SC6 (Local Shopping Facilities) is relevant to this application. This policy states that there will be a presumption in favour of proposals for improved local shopping facilities subject to their impact on the residential environment.

5. Consultations

5.1 No consultations were required to be undertaken.

6. Representations

6.1 Following the standard neighbour notification process, no letters of representation have been received to date. 7. Planninn Assessment

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

7.2 Development Plan Kilsyfh Local Plan 1999: Policies HG 3-5 apply in this case. It is considered that the proposal will not impact negatively upon the residential amenity of the surrounding area. On the contrary, it is considered that the proposal will improve the appearance of this disused building and has the potential to improve the amenity of the application site and the surrounding area. The proposal is compliant with Policy SC6 in that a vacant unit will be refurbished and made available for retail or office use.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not change in this plan. The development is considered to comply with Policy HCF 1 (Residential Amenity) in the Draft Plan in that it will not have an unacceptable impact on the residential amenity of the application site or the local area.

7.4 Effect on Local Amenity and Neighbouring Properties: It is considered that the proposed development will not have a detrimental impact on the amenity of the application site or the surrounding area. The proposed alterations to the building have the potential to improve its appearance and will facilitate the building being used for a local service. The design of the proposed alterations is acceptable and there will be no adverse impacts on neighbouring residential properties. The new windows being created will not directly face towards windows on neighbouring residential properties. In any case the distance between the new windows and neighbouring properties is Considered to be adequate.

8. Conclusions

8.1 It is considered that the proposal will not have an unacceptable impact on the amenity of the surrounding area nor will it have an unacceptable impact on neighbouring residential properties. The design and proposed materials of the refurbishment works are considered appropriate for the surrounding area and will improve the visual appearance of the unit.

8.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the minor refurbishment works to 9A Constarry Road, Croy. Application No: Proposed Development:

C1091008671FUL Erect Building to Form Two Shops to Ground Floor with Two Flats on First Floor

Site Address:

73 Corsewall Street Summerlee Coatbridge North Lanarkshire

Date Registered:

13th August 2009

Applicant: Agent: Mr Parvez David Jarvie 73 Corsewall Street 27 Aytoun Road Summerlee Pollockshields Coatbridge Glasgow North Lanarkshire G41 5HW ML5 IRD

Application Level: Contrary to Development Plan: Local No

Ward: Representations: 006 Coatbridge North And Glenboig 25 letters of representation including a petition Anthony Clarke, Martin McWilliams, containing 348 signatures received. William Shields, Peter Sullivan

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Having regard to all material considerations including the current local plan it is considered that the proposal accords with the Monklands District Local Plan 19991 Policy HG9 in that the proposal is of a nature which is both acceptable and ancillary to the predominantly residential nature of the area, will enhance the appearance of the site and would not impact unduly on the outlook and amenity of neighbouring properties. and petition of 348 names.

Produced by This map IS reproduced from PLANNING APPLICATION No. 09/00867/FUL Ordnance Survey material North Lanarkshire Council with the permission of Planning and Environment Department, Ordnance Survey on behalf Erect Building to Form Two Shops to Ground of the Controller of Her Majestfs Stationery Office 0 Crom, Floor with Two Flats on First Floor copyright Unauthorised reproduction infringes Crow copyright and may lead to 73 Corsewall Street, Summerlee, Coatbridge prosecution or civil proceedings North Lanarkshire Council telOl698 274274v 100023396 2008 Representation fax 01698 403053 Proposed Conditions:-

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

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

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

3. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

4. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 1702/L; 170211& 3-7; 170212A.

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

5. That before any part of the development hereby permitted is first 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 safety.

6. 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.

7. That before the development hereby approved starts, a report which adheres to guidance given in BSI01 75.2001 Investigation of Potentially Contaminated Sites, Code of Practice, and describes the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority, and shall include proposals to remove or render harmless these contaminants, having regard to the proposed use of the site, to be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the proper treatment of the site in the interests of health and safety.

8. That following the completion of all or any of the works required under the terms of condition no. 7 above, a certificate from a Chartered Engineer or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition no. 7 in the interests of health and safety. 9. Notwithstanding the terms of Condition 4 above, amended details of the existing lay-by on Corsewall Street shall be submitted to, and approved in writing by the Planning Authority before any work starts on site. In particular, this shall allow for vehicular access to car parking space no. 3 away from the splay of the lay-by.

Reason: To ensure the provision and operation of the proposed parking space fronting onto Corsewall Street.

10. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, bin provision, grass seeding and turfing; (b) details of the timescale of these works.

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

44 I I. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 10 above, shall be completed in accordance with the approved timetable as per Condition 10 above

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

Background Papers:

Representation Letters

Letter from Mrs J Mooney, 2 Bothwell Place, Coatbridge received 24'h *gust 2009 Letter from Jilt Mac Donald, 4b Bothwell Place, Coatbridge received 24 August 2009 Letter from W 8, C Hendry, 37 Kelso Quadrant, Coatbridge, ML5 1QY received 22ndFeb. 2010 Letter from H And T Buchanan, 45 Kelso Quadrant, Summerlee, Coatbridge received 1gth Feb. 2010 Letter from J Bain, 47 Kelso Quadrant, Summerlee, Coatbridge received lgthFeb. 2010 Letter from Andrew Allan, 94A Kelso Quadrant, Coatbridge, ML5 1QY received 1gth Feb. 2010 Letter from Ellen Griffith, 60 Kelso Quadrant, Summerlee, Coatbridge received lgthFeb. 2010 Letter from William Griffith, 60 Kelso Quadrant, Summerlee, Coatbridge received 1gth Feb. 2010 Letter from Elizabeth Campbell, 40 Kelso Quadrant, Summerlee, Coatbridge received 1gth Feb. 2010 Letter from Bill McGoldrick And Signatories, Clo 24 Kelso Quadrant, Coatbridge, ML5 received lgthFeb. 2010 Letter from Mrs Margaret Watson, 77 Corsewall Street, Coatbridge, North Lanarkshire received 16'h Feb. 2010 Letter from Ms Stephanie Marron, 98 Kelso Quadrant, Summerlee, Coatbridge received 17th Feb. 2010 Letter from Mr William Forsyth, 61C Corsewall Street, Summerlee, Coatbridge received 18'h Feb. 2010 Letter from Mrs Linda Reid, 30 Kelso Quadrant, Summerlee, Coatbridge received 18'h Feb. 2010 Letter from Mrs Lindsay McNeill, 15 Kelso Quadrant, Coatbridge, ML5 1RB received 18'h Feb. 2010 Letter from Helen McNeill, 136b Corsewall Street, Summerlee, Coatbridge received 18'h Feb. 2010 Letter from Linda McLenaghan, 2D Dryburgh Place, Summerlee, Coatbridge received 18'h Feb. 2010 Letter from Mr William McGoldrickihSummerlee & Gartsherrie TenatWResidents, 24 Kelso Quadrant, Coatbridge received 18 Feb. 2010 Letter from Mr & Mrs Joe Ferns, 79 Montgomery Avenue, Coatbridge, ML5 IQT received 16'h Feb. 2010 Letter from Mrs Rosina Robertson, Summerlee & Gartsherrie Tenants & Residents Assoc., 82B Kelso Quadrant, Coatbridge received lgthFeb. 2010 Letter from J & I McDonald, 1 Dryburgh Place, Coatbridge, ML5 IQP received lgthFeb. 2010 Letter from Ms Katrina Gallacher, 63C Corsewall Street, Summerlee, Coatbridge received 24.Feb. 2010 Letter from Mr & Mrs Robert & Catherine Stevenson, 77 Montgomery Avenue, Coatbridge, ML5 IQT received 16'h Feb. 2010 Letter from Mr & Mrs James Marron, 65 Cornhill Drive, Coatbridge, ML5 1RT received 17'h Feb. 2010 Letter from Ms Jill Laidlaw, 46 Bothwell Place, Summerlee, Coatbridge received I9Ih Feb. 2010

Consultation Responses:

Memo from Transportation dated 14Ih geptember 2009 Memo from Pollution Control dated 28 August 2009

Contact Information:

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

Report Date:

26'h February 2010 APPLICATION NO. C1091008671FUL

REPORT

1. Site Description

1 .I The application site is located on the west side of Corsewall Street, Coatbridge directly north of its junction with Bothwell PlacelKelso Quadrant. The site currently accommodates a flat roofed single storey shop unit while the surrounding uses are predominantly residential in nature including 3 storey flatted properties (flat on ground floor with 2 storey maisonette above) which adjoin the application site on its western boundary. The site is located to the west of Coatbridge Town Centre and to the north of the Dunbeth & Blairhill Conservation Area.

2. Proposed Development

2.1 The proposal seeks to replace the existing single storey flat roofed structure with a 2 storey pitched roof building which will accommodate 2 retail units on the ground floor and 2 flatted dwelling units on the upper floor. The retail units will front onto Corsewall Street, incorporating a single access doorway on the frontage of each unit while a central doorway will access the upper floor accommodation. The upper floor units will be a mix of 1 & 2 bedroom flats both with a Lounge, Dining ArealKitchen and Bathroom. Externally the new build will be finished in facing brick and render with concrete roof tiles.

2.2 2 large display windows will front each retail unit while 9 no. windows will front the upper floor accommodation onto Corsewall Street. 2 opaque windows will be sited on the west elevation of the building over the bathroom areas. A single rear door will also be incorporated on that elevation at ground floor level.

2.3 2 dedicated residential parking spaces are to be provided at the Bothwell Street frontage while a further space is to be provided to the north of the new building, accessing directly onto Corsewall Street adjacent to the existing service bays.

3. Development Plan

3.1 This application raises no strategic issues and can therefore be assessed in terms of the Local Plan policies.

3.2 The site is covered by policy HG 9 (Existing Residential Areas) in the adopted Monklands District Local Plan 1991.

4. Consultations

4.1 Transportation had initially recommended against this proposal as the proposal had sought to provide only 2 parking bays within the area located immediately to the north of the new building. The amended proposals address Transportation’s minimum requirement for 3 spaces and the positioning of the bays is also now deemed more acceptable. The Protective Services Section has raised no concerns over the proposal.

4.2 Scottish Water, Scottish Gas and Scottish Power offered no objection to this proposal.

5. Representations

5.1 25 letters of representation and a petition containing 348 signatures were received against this proposal. The relevant points of objection can be summarised as impact on natural daylighting and privacy to adjacent properties, adverse trafficlroad safety impact on surrounding streets, introduction of adverse cooking smells/ litter etc, anti- social behaviour. Specific representation has also been made against any proposal to utilise the proposed retail units as a Bookmakers or Hot Food Takeaway outlet.

6. Planninn Assessment

6.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997 proposals require to be assessed under the terms of the development plan and any other material considerations including the emerging North Lanarkshire Local Plan.

6.2 AdoDted Local Plan: The application site is located within an area zoned as HG9 and as such the principle of allowing the site to be developed for housing purposes would be acceptable. The adjacent land uses are also predominantly residential in nature and therefore in principle the residential element of the proposal is deemed compliant with policy.

6.3 Policy HG 9 seeks to protect existing residential areas from development which is likely to adversely affect the amenity of the area or is not clearly of a nature ancillary to housing. In this regard corner shops are considered as of an ancillary nature and may be permitted subject to the development satisfying considerations such as amenity, other local plan policies and proven need for the facility. A retail presence has been established at this location for a considerable period of time and the current proposal seeks solely to replace that facility with 2 slightly larger retail outlet (150 Sq m in total as opposed to the existing 115 sq m). It is also noted that the application for the shops relates to ‘Class 1’ use and that the concern of the objectors in terms of a ”Hot Food Take-a -Way” or “Bookmakers” is not relevant (i.e. these uses would require separate planning application).

6.4 In land use terms, therefore, the proposed shops and flats are considered to accord with the local plan.

6.5 In terms of any impact on privacy on the flats immediately to the west, the only windows on the upper floor, rear elevation of the proposed flatted element of the development will front 2 bathrooms and these will incorporate opaque glazing. Taken also that the bathroom areas are not deemed as “habitable rooms” then the proposed new build will not create privacy or overlooking problems with the adjacent properties on Bothwell Place.

6.6 In terms of the impact of the structure on the amenity of the flats to the west (and most notably on a number of objectors’ properties which adjoin the application site) it is noted that the existing shop (which ranges from approximately 4.5 metres in height at its north end and 3.7 metres at the south end) already overshadows the garden ground of the adjoining ground floor flat (2 Bothwell Place) and is higher than its kitchen window. The proposed building will be approximately 2.5 meters higher than existing (to eaves level) and it is considered that the proposal would not worsen this current situation significantly. The other adjoining flat (4A Bothwell Place) has a bedroom on the top floor and what is believed to be a dining kitchen below. Of these, the new building (at eaves level) would not extend up as far as the top floor window hence the impact in this respect is negligible. It is acknowledged that there will be some impact upon the dining/kitchen window at first floor level. This window will be approximately 2 meters away from the west elevation of the new building. The top of the window will be at the same height as the eaves of the new building. However, an assessment of the impact of the new building on the sunlight and daylight of the window has been made taking into account the location and orientation of the window and this impact has been found to be within acceptable limits.

6.7 It is considered that the initial concerns raised by Transportation over levels of available in curtilage parking have now been satisfied by the applicant in terms of increasing and relocating the proposed parking bays at acceptable locations. No concerns has been raised by the Transportation Section regarding any potential adverse traffichoad safety issues likely to affect the surrounding roads as a result of this proposal.

6.8 The Council’s guidelines for open space for flatted developments suggests that flats should have 20 sq. m of outdoor space per bedroom which in this case means 60 sq m. The development allows for around 100 sq. m which is in excess of this requirement. 6.9 The proposed design, appearance and materials are all considered to be acceptable and appropriate for the area. In particular, it is considered that this will result in a significant improvement over and above what is there at present.

6.10 Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration. The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan. The site is covered by Policy HCF 1A (Residential Amenity) in the Draft Plan.

6.10 Consultations: The Protective Services Section and the Transportation Section have offered no objections to this proposal.

6.11 The points raised by representations but not dealt with above include: 0 Problems of anti-social behaviour are best dealt with by the local police 0 Problems of litter, smell, vermin etc. are dealt with under the Protective Services Legislation although the current proposal does not seek to introduce a potential smell issue as no hot food element is proposed.

7. Conclusions

7.1 Taking all the above matters into consideration, the proposal meets the general criteria of Local Plan Policy HG 9 (Existing Residential Areas) in terms of introducing a development which is acceptable and ancillary to the residential nature of the surrounding area. The design and layout of the site is considered acceptable and the points of objection do not raise any issues that merit refusal of the application. As such it is recommended that planning permission should be granted subject to the conditions noted above. Application No: Proposed Development:

C/09/00999/FUL Construction of Two Commercial Units - Retail (Classl) and Hot Food Takeaway (Sui Generis) and Siting of Temporary Portacabin for Use as Shop Site Address:

5 Gartleahill Gartlea Ai rdrie North Lanarkshire

Date Registered:

1st September 2009

Applicant: Agent: Mr Javed Shakoor Stanley C Cook MRTPI 5 Gartleahill 12 Beveridge Terrace Gartlea Mossend Airdrie Bellsh ill North Lanarkshire ML4 2RJ ML6 9LE Application Level: Contrary to Development Plan: No

Ward: Representations: 8 Airdrie Central 3 letter(s) of representation received. George Devine, James Logue, David Stocks.

Recommendation: Grant

Reasoned Justification:

The proposed development is considered to accord with the development plan as it generally accords with the relevant policies contained within the adopted Monklands District Local Plan 1991 or that of the Finalised Draft North Lanarkshire Local Plan in terms of the protection of the residential amenity of this location.

Proposed Conditions:-

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

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

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

Location Plan Block Plan 1/15/09 Revision A - Shop Repositioned 2/15/09 Revision A - Shop Repositioned 3/15/09 Revision A - Shop Repositioned SKI - Temp Building SK2 - Temp Building SK3 - Temp Building Reason: To clarify the drawings on which this approval of permission is founded.

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

(a) details of any earth moulding and hard landscaping, boundary treatment, bin provision, cycle stands, grass seeding and turfing; (b) details of the phasing of these works.

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

4. That all works included in the scheme of landscaping, approved under the terms of Condition 3(a) above, shall be completed in accordance with the agreed phasing as per Condition 3(b) above.

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

5. That WITHIN 3 MONTHS of the occupation of the retail unit hereby permitted first comes into operation, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

6. That BEFORE the hot food take-away is brought into use the ventilation extraction system as shown on the approved plans shall be fully installed and operational.

Reason: To safeguard the amenity of the surrounding 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 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 the majority of each window opening shall be transparent glazed at all times, including the windows fronting Gartleahill and Burns Crescent unless as is otherwise agreed in writing with the Planning Authority. For the avoidance of doubt the permission does not include the installation of rollershutter coverings for windows or door openings.

Reason: In the interests of visual amenity and to encourage passive surveillance and usability of the car parking area and to clarify the details on which this permission is based.

10. That the temporary portacabin, hereby permitted, shall be removed no later than three years after the Notice of Initiation of works, or within 1 week of the occupation of the first retail unit (whichever is the earliest) unless as is otherwise agreed in writing by the Planning Authority.

Reason: To clarify the temporary nature of the portacabin permission and ensure the limited impact of the development.

11. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

12. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control. Backaround Papers:

Representation Letters

Letter from R Henderson, 6 Burns Crescent, Gartlea, Airdrie, North Lanarkshire, ML6 9PT received 2nd October 2009. Letter from Heather McClune, 4 Burns Crescent, Gartlea, Airdrie, North Lanarkshire, ML6 9PT received 2nd October 2009. Letter from Donald Anderson, 2 Burns Crescent, Gartlea, Airdrie, North Lanarkshire, ML6 9PT received 18th September 2009.

Consultation Responses

Memo from Head of Roads and Transportation received 15'h August 2009 relating to the pre- application discussions. E-mail from Environmental Health Section received 1!jth September 2009. Memo from Head of Protective Services received 17'h September 2009.

Contact Information:

Any person wishing to inspect these documents should contact Mr Christopher McNey at 01236 812375

Report Date:

26'h February 2010 APPLICATION NO. C1091009991FUL

REPORT

1. Site Description

1.1 The application site is a wedge-shaped plot on the corner between Gartleahill and Burns Crescent (see location plan). It currently comprises an area of tarmac and scrublwaste ground and a single storey shop unit of 95 square metres facing south onto Burns Crescent. Residential properties bound the site to the north, south and east, with the nearest properties on Burns Crescent to the south-west approximately 4 metres from the rear of the existing shop.

2. Proposed Development

2.1 The application seeks permission to remove the existing building and construct a larger single storey unit (315m') in roughly the same position. Th? building would be subdivided into a shop (Class 1 - internal flooc area of 160m ) and a hot food takeaway (sui generis - internal floor area of 120m ).

2.2 The layout has been altered since the initial submission of the application to take into account the concerns of neighbours and consultees and would include the shop unit being positioned to the west and the hot food unit to the east (as opposed to the southwest). The units would be orientated to face north and would have vehicular access to a parking area from Gartleahill to the northwest.

2.3 The proposal also includes the temporary siting of a portacabin on the proposed car park area while the construction works are undertaken. The applicant has proposed this to allow the existing shop business to function until it can be decanted into the new building. The portacabins would then be removed and the car park opened.

3. Applicant's Surmortina Information

3.1 The application is supported by a short statement highlighting the demand for the hot food use at the site. Anecdotal evidence of a market for these uses, gathered from customers of the existing shop, has satisfied the applicant that there is sufficient demand for a hot food takeaway and shop to be sustained at this location.

4. Site History

4.1 A previous application for the site (96/00154/FUL) for the extension to an existing shop and the erection of self-contained flatted dwellinghouses on the upper two floors was granted on the !jthJuly 1996. This proposal was for a two and a half storey building with parking positioned in roughly the same position as the current application.

5. Development Plan

5.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy.

5.2 Under the terms of the adopted Monklands District Local Plan 1991 the policies relevant to this proposal are HG9 Housing Policy for Existing Residential Areas, policy COMlO Hot Food Shops/Restaurants, and COM12 Village Shops.

6.

6.1 Protective Services offered no objection subject to the attached conditions. 6.2 Transportation offered pre-application comments regarding a similar proposal and recommended 13 car parking spaces and a re-orientation of the building so that the hot food takeaway was adjacent to the parking area. They also raised concerns regarding the junction spacing and visibility splays at the junction of Gartleahill and Burns Crescent.

7. Representations

7.1 3 letters of representation were received from the neighbours at 4, 6, and 8 Burns Crescent (see location plan). The letters related to a subsequently superseded layout where the hot food unit was nearer to their properties. The comments were of a standard format and included the following concerns:

0 Smell nuisance 0 TrafficlParking 0 Noise 0 Anti-Social Behaviour Existing Drainage Problems 0 Lack of Demand

8. Planninn Assessment

8. I Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning Etc (Scotland) Act 2006 requires the application to be determined in accordance with the development plan, unless material considerations indicate otherwise.

8.2 Development Plan - Adopted Local Plan - Monklands District local Plan 7991 including Finalised First Alterations A,B & C 1996: The site is covered by Policy HG9 - Housing Policy for Existing Residential Areas which includes the following criteria for assessing development within these areas: there will be a presumption against development which is likely to adversely affect the residential amenity of the area; and developments clearly of an ancillary nature to a residential area may be permitted subject to the development being satisfactory in terms of such matters as amenity, other local plan policies and proven need. The key considerations are therefore whether the principle of the proposed uses would be appropriate for the area and whether the function of these uses would adversely affect the existing residential amenity.

8.3 In assessing the principle of developing the site as an enlarged shop and hot food takeaway, Policy COM12 - Village Shops is considered to be of relevance as the site is relatively isolated from other similar scale units (around 500 metres to the nearest other convenience shops to the west and north). The site is therefore considered to be comparable with a village shop in its function within the local area and would be recognised by Policy COM12.

8.4 Principle: Policy COM 12 - Village Shops supports the retention and grouping of local shops and related services (Classes 1, 2, and 3, including hot food takeaways) and states that the Council will support the provision of further units where this will increase local choice. The principle of enlarging the shop unit and the addition of the hot food use is therefore considered to be in accordance with Policy COM12.

8.5 Policy COMIO - Hot Food Shops and Restaurants provides particular requirements for hot food shops of relevance is the erection of an external ventilation duct. The proposed development includes an external ventilation duct and in these basic terms the principle of adding a hot food use to the site can be said to accord with Policy COM10.

8.6 Impact: While the principle of the development is supported by Policy COMIO and COM12 it is important to assess the likely impact of the proposal on residential amenity. In particular it is important that the concerns raised by the hot food take- away use, which although acceptable in principle can give rise to problems including issues with smell, noise, bringing crowddtraffic to a quiet area, altering the character of an area, or introducing significant change to a homogenous area. Many of these concerns are reiterated by the objectors. The assessment must therefore consider the impact of the proposal on each of these aspects.

8.7 Smell: With regards to the likely impact of fumes/smells emanating from the proposal on residential amenity, particularly from the hot food takeaway, concerns have been raised not only from objectors but also through Policy COMlO and comments from Protective Services. Taking cognisance of the objections and consultation response and with regards to the proposed extraction method it is considered that the proposal to include an integrated flue system which would terminate above the apex of the building and would exceed the minimum requirements (of 1 metre above the eaves) and would be located centrally with the plot (i.e. 11 metres from nearest residential boundary) would be acceptable and not give rise to significantly adverse affects on residential amenity.

8.8 Noise: With regards to noise, this can be broken down into:

(a) noise generated by the proposed building and use i.e. ventilation noise, and (b) incidental noise i.e. noise generated by increased footfall and vehicular traffic attracted to the location.

8,.9 In reference to (a) there is no evidence to suggest that the proposed use or building style would cause any significant noise generation and taking into consideration the comments from Protective Services that suggest that noise from the extraction systems could be controlled, both in terms of overall maximum output as well as hours of operation. In addition statutory noise nuisance would be controlled by Protective Services under separate legislation. On reflection it is considered that the impact of the development on residential amenity in terms of noise would be acceptable.

8.10 In reference to (b), the incidental noise associated with greater numbers of patrons is more difficult to assess especially since the site is an established commercial plot (with an existing attraction to pedestrian and vehicular traffic). It is accepted that there is potential for the proposed uses to bring additional traffic and pedestrian noise to the area but given the scale of the proposals (185m2 of sales area and six car park spaces) it cannot be upheld that the additional noise generated by additional custom would significantly adversely affect the overall residential amenity.

8.11 TraMc/Parking: It is accepted that an enlarged shop, a hot food takeaway and the provision of a dedicated car park is likely increase local vehicular and pedestrian traffic to the site, and that the provision of the car park and hot food takeaway use is likely to make the site more attractive to ephemeral traffic travelling along the busy thoroughfare of South Biggar Road. Also noted is the lack of formalised parking and the potential road safety issues caused by vehicles parking along Burns Crescent at the existing site. In terms of mitigating the traffic impact it is noted that the proposed building is now orientated so that the main pedestrian entrances face away from the nearest residential properties (unlike the existing) while incurtilage parking is proposed (unlike the existing) with the vehicular access set away from the nearest residential frontage by 25 metres (similar to that previously approved for permission 96100154/FUL). On balance it is considered that the proposal would be an improvement to the existing arrangements in terms of parking and access and considering the chiefly local attraction of the proposals it is considered that the shortfall of parking provision would not be significant and the potential traffic increases to and around the site would be within acceptable limits. It is concluded that in terms of traffic and parking the proposal would not significantly adversely affect residential amenity. 8.12 Design and Character: The existing building is not particularly aesthetically noteworthy and the surrounding site is unlandscaped dirt and hardstanding. While the residential properties in the vicinity have some character there is no particular style that dominates. It is considered that the design of the proposed building, a single storey pitched roof building, would adequately integrate with the surroundings while also differentiating its commercial use from the surrounding residential properties. The portacabins would be functional in appearance and of no particular aesthetic note but would only be a temporary affect on the character of the area. It is considered that the proposal would not significantly change the existing character of the area other than to formalise, and improve the appearance of the site.

8.13 Residential Amenity: As noted above Policy HG9 sets out that there will be a presumption against development which is likely to adversely affect the residential amenity of the area. The assessment has taken into consideration smell, noise, traffic, parking, design, and character and found that they would not significantly adversely affect residential amenity. In addition it is considered that the proposal would not give rise to unacceptable overshadowing or loss of privacy, and it is concluded that in terms of its impact on residential amenity the proposal would be acceptable.

8.14 Proven Need: Policy HG9 requires that developments ancillary to residential areas provide information regarding the proven need for the development. In terms of the policy requirement it is considered that in this instance the isolated nature of the site (from other corner shops or hot food takeaways) and the supporting information satisfactorily meets the requirement for the completed development although it is considered that demand is a matter for the market to address. The need for the temporary portacabin building to be sited on the car park area while the works are undertaken is also accepted. It is considered that the temporary arrangements would allow a small local business to continue to function and provide local services while not significantly adversely affecting the amenity of the surrounding area. It is considered that the alternative of closing the shop during the construction period would likely have a more significant impact on the business and surrounding community. Overall the proposal is considered to accord with Policy HG9.

8.15 It is considered that the proposal generally accords with the policies HG9 - Housing Policy for Existing Residential Areas, COMIO - Hot Food Shops, and COM12 - Village Shops of the adopted Monklands District Local Plan 1991. The proposal must therefore be approved unless material considerations can be demonstrated that would outweigh the development plan.

8.16 Other Material Considerations - Emerging Local Plan - Finalised Draft North Lanarkshire Local Plan (FDNLLP): is a material consideration with Policy HCFl A of particular relevance. This policy is similar in nature to Policy HG9 in terms of the protection of residential amenity and raises no other substantive issues but does remove the requirement for the applicant to prove the need for the facility. The FDNLLP also highlights the need to consider the amount, location, impact, and quality of developments through Policies DSPl-4, these issues have already been considered above.

8.17 Other Material Considerations - Representations - The concerns raised by the objectors regarding the impact on residential amenity have been assessed above. It should be noted that all three representations relate to the original plans which showed the entrance to the hot food takeaway being close to their front gardens. The revised plans now show the hot food takeaway located to the east, away from the residential properties, and orientated north, again away from the front gardens of the residential properties. It is noted that the objectors also raised concerns about anti- social behaviour and drainage issues and in response to the concerns about anti- social behaviour, the re-orientation of the building to face northwards and the incorporation of large windows onto the car park area should aid passive surveillance, and reduce opportunity for nefarious activity however this is ultimately a matter for the Police to control. In response to the concerns about drainage there is little evidence to suggest that the proposals would worsen the existing situation, indeed the formalisation of the car park and the connection to the public sewer systems may improve the situation from what is essentially an undrained area of hardstanding.

8.18 Other Material Considerations - Insufficient detail - ground conditions, landscape plans: Matters which are of relevance but can not be assessed due to the lack of detail include ground conditions, and landscape proposals. While these aspects are identified as important elements of the overall development it is considered that, in this case, they can be dealt with by condition and they therefore do not raise significant concern.

8.19 On balance it is concluded that the material considerations noted above do not offer sufficient influence to outweigh the policies of the development plan.

9. Conclusions

9.1 Taking the above into account it is considered that the proposed development accords with the provisions of the development plan in that it would support the retention of local shops and increase local choice without a significant loss to residential amenity. Due consideration was given to the consultees comments, the points of objection, the temporary arrangements during construction, and other material considerations however, no reason was found to raise significant enough concern to warrant the refusal of this application. It is therefore recommended that planning permission be granted subject to the attached conditions. Application No: Proposed Development:

S/07/00558/AMD Amendment to Approved- a) Superstore, b) Parking Layout, c) Service Yard and d) Access/ Egress to Industrial Premises at Dundyvan Road (Retrospective)

Site Address:

Land At Belhaven Road Wishaw.

Date Registered:

4th April 2007

Applicant: Agent: Raven Group Developments Ltd & Tesco Stores DPP Ltd The Hatrack C/o 144 St Vincent Street 144 St Vincent Street Glasgow Glasgow

FAO Chris Miller

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw No letter of representation received. Clare Adamson, Frank Mackay, John Pentland, Sam Love

Recommendation: Approve Subject to Conditions

Reasoned Justification: The application is considered acceptable in terms of the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The development does not significantly adversely affect the surrounding commercial and residential area.

Legal Agreement: If granted, planning permission should not be issued until an Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded with the applicant, with respect to a financial contribution towards the Council’s Wishaw Town Centre Action Plan in lieu of off site entrance featuresAandscaping. Produced by PLANNING APPLICATION No. 071005581AMD North Lanarkshire Council Planning and Environment kpartmnt, Amendment to Approve& a) Superstore, b) Parking Layout, c) Service Yard and d) Accessl Egress to Industrial Premises at Dundyvan Road

Land At Belhaven Road, WishN. *I 01898 274274v hx 01898 403053 Site area = 5.05 ha. Proposed Conditions:-

1. That within 4 weeks of the development hereby permitted is brought into use, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved plans.

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

3. That within 2 months of the date on which Planning Consent is issued, 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, 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 (which shall be of native species); (c) an indication of all existing trees and hedgerows, plus details of those to be retained, (d) a timetable for the implementation of these works to be implemented contemporaneously with the development.

Reason: In the interests of amenity.

4. That the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be implemented during the first available planting season following the release of planning consent. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity and to ensure that the required landscaping does not fail to be established through damage or neglect.

5. That noise associated with the refrigeration plant and ventilation system installed within the building as built shall not give rise to a noise level, assessed with the windows closed, within any dwelling or noise sensitive buildings in excess of that equivalent to Noise Rating Curve 35 between the hours of 7:OO a.m. and 1O:OO p.m. and Noise Rating Curve 25 at all other times. Reason: To safeguard the amenity of the adjoining residential area. 6. That within 2 months of the date of this permission, all noise mitigation measures within the Report dated 26'h August 2005 by Sharps Redmore Partnership, approved under the terms of Condition 16 of related application S/04/02107/FUL shall be completed and certified by a suitably qualified person as having been completed. For the avoidance of doubt, the constructed Service Yard Gates are not in compliance with the approved Report and should be replaced to the satisfaction of the Council as Planning Authority within the above timescale.

Reason: To safeguard the residential amenity of the surrounding residents.

7. That deliveries to the site shall be restricted to 0800 to 2200 daily and the use of compactors in the service area shall be restricted to between 0800 and 2200 hours Monday to Saturday only, unless otherwise agreed in writing by the Planning Authority.

Reason: In order to limit the impact of the development. Note to Committee

The decision notice will not be issued until the applicant enters into a Section 69 Legal Agreement relating to providing a financial contribution of €25,000 towards the Council’s Wishaw Town Centre Action Plan in lieu of off site entrance featuresllandscaping. Backaround PaDers:

Consultation Responses:

Memo from Transportation received 24'h Aphril 2007 Memo from Protective Services received 9 October 2007 Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01698 2741 06

Report Date:

19th February 201 0 APPLICATION NO. S1071005581AMD

REPORT

1. Site Description

1.1 The application site is the existing Tesco Store located at Belhaven Road, Wishaw. The site is surrounded by various commercial premises to the north and east, residential properties to the west and a petrol filling station with railway beyond to the south.

2. Proposed Development

2.1 The application (in retrospect) is for alterations to the approved Tesco superstore at Belhaven Road, Wishaw and for an amendment to the related approved access/egress to industrial premises at Dundyvan Road. Some of the amendments seek to regularise aspects of the original development that did not comply with the original planning permission. The amendments now complete consist of the following:

e Various internal and minor external alterations to the store including three new emergency staircases and an external staircase. e The increase in size of the mezzanine floor to compensate for an increase in the amount of storage space on the ground floor. The ‘as built’ mezzanine retail sales floor area is smaller than the previously approved retail sales area. e The reconfiguration of the service yard to allow for increased home delivery space. The applicants have confirmed via a revised Noise Assessment that there will be no increased noise levels and that noise will be contained within the previously agreed parameters. e The reconfiguration of access/ egress to industrial premises and reorientation of parking spaces at Dundyvan Road e The relocation of a retaining wall adjacent to the petrol filling station. e The increase of general site levels by approximately 0.5m in order to accommodate a new sewer. This has meant an increase in height of the retaining wall onto Belhaven Road and Quarry Street. It should be noted that there was no approval of retaining walls onto the public road through the original planning permission. 0 The non-compliance with a condition to provide entrance features at Main Street and Quarry Street. A financial contribution towards a more comprehensive entrance feature as part of the Wishaw Town Centre Improvements is proposed.

3. Applicant’s Supportinn Information

3.1 The applicant has submitted a Noise Assessment from Sharps Redmore Partnership Acoustic Consultants regarding the noise associated with the refrigeration plant and ventilation system to be installed.

4. Site History

4.1 The previous applications relating to the site are as follows:-

e 041021 07/FUL Erection of 81 75sqm (87,998sqft) Gross, Class 1 Superstore, Parking, Petrol Filling Station with Carwash, Formation of New Access Including Roundabout & New Public Road Link, Landscaping and Associated Works - Granted 23/3/06. 0 05/00593/FUL Construction of Access and Park & Ride Facility, Including Diversion of Existing Footpath (outwith the application site). e 07/01095/ADV Installation of Signage to Superstore Site 5. Development Plan

5.1 The site is covered by Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan 2008.

6. Consultations

6.1 The following consultees have no objections to the development:

0 Transportation

6.2 A summary of comments from the remaining consultees are as follows:

Protective Services have raised concerns regarding the failure of the proposals to comply with the noise mitigation measures suggested in the Sharps Redmore Partnership August 2005 Report. They suggest that the originally proposed solid gate, implemented and subsequently removed by the applicant should be reinstated with no gap in the barrier. Protective Services also raise concerns regarding the potential for noise from the seasonal refrigerated container to be situated in the yard.

7. Representations

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

8. Plannincl Assessment

8. I 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. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan 2008. Policy TR13 (Assessing the Transport Implications of Development) is relevant to this proposal.

Adopted Local Plan:

8.2 The application site is identified as RTL 6 in the Southern Area Local Plan (2008). Policy RTL6 seeks to encourage the expansion of Class 1 Retail floorspace where it can be demonstrated that such development is of an appropriate scale commensurate with the nature of the commercial area within which it is set. The development comprises amendments to the existing retail unit and the principle of which and its impact has been established with the previous planning approval S/04/02107/FUL. It is considered that the changes are acceptable and, subject to conditions, are without detriment to the established commercial area. The development is considered to be in accordance with policy RTL 6.

8.3 Policy TRI 3 Assessing the Transport Implications of Development indicates that the Council will consider various transportation criteria through the assessment of planning applications. This includes the level of traffic generated and its impact on the environment, the impact of the proposal on road traffic circulation and road safety, provisions made for access, parking and vehicle manoeuvring. Transportation raised no objections to the amendment application and the alterations that have been undertaken are not considered to have had any significant impact on the operations of the retail unit and without detriment to the surrounding transport network. It is therefore considered that the development complies with Policy TRI 3. Finalised Draft North Lanarkshire Local Plan:

8.4 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

Consultations:

8.5 With regard to the consultation responses from Transportation and Protective Services, all issues have been addressed by the previous planning consent for the site or by the proposed conditions.

9. Conclusions

9.1 In conclusion, it is considered that the development is acceptable in terms of policies RTL6 and TR 13. The retail unit is already approved and established under the previous consent and it is considered that the alterations are without detriment to the surrounding residential and commercial uses. It is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development: s10910 14531FUL Part Change of Use from Class 4 (Business) to Class 11 (Assembly & Leisure) to Form Gymnasium, and Formation of Rear Plant Access Area Enclosed by Fence

Site Address:

Unit 1 2 Parklands Avenue Eurocentral Holytown

Date Registered:

25th January 2010

Applicant: Agent: TAL CPT Land Development LLP James Miller, lronside Farrar Mr Angus Kennedy 11 1 Mcdonald Road 3 The Management Suite Edinburgh Parklands Avenue EH7 4NW Eurocentral ML14WQ

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 015 Mossend And Holytown No letters of representation received. Councillors James Coyle, Paul Delaney & Kevin McKeown.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered an acceptable departure from the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan in that it will provide an ancillary leisure facility which will not affect the character and function of this established industrial and business location. Produced by his map is reproduced from PLANNING APPLICATION No. 09/01453/FUL Nolth Lanarkshire Council rdnance Survey material I Ith the permission of Planning and Environment Department, rdnance Survey on behalf Part Change of Use from Class 4 (Business) to Class 11 Dalziel Bui the Controller of Her MajestYs (Assembly & Leisure) to Form Gymnasium, and Formation 7 scon Str tationery Gffka 0 Crown Mothewel @hire ,pyright Unauthorised of Rear Plant Access Area Enclosed by Fence MLI 1SX !production infringes Crown cormcil ipyright and may lead to rosecution or civil proceedings 2 Parklands Avenue, Eurocentral, Holytown. orth Lanarkshire Council telO1698 274274v 30023396 2008 fax 01698 Site area = 0.35 ha. 403053 Proposed Conditions:-

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

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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- AL(2)001, AL(2)EO1, AL(2)E02 Rev B, AL(2)E03, AL(2)E04, AL(2)2)002, AL(2)OlO and other plans submitted as part of this application.

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

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

5. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

6. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls, doors and service plant enclosure shall match in colour and texture those of the existing adjoining building.

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

7. That before the development hereby permitted is brought into use, the service plant fence enclosure shown on approved on drawing no AL(2)OlO shall be constructed, to the satisfaction of the Planning Authority.

Reason: In the interests of visual amenity of the surrounding industrial location.

8. The design, installation and operation of any air condition / ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 20.00 hours and NRC 25 at all other times

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

9. That this consent is valid for that part of the ground floor of Unit 1 as shown on drawing no. AL(2)002 and the gross floor area shall not exceed 702 square metres or thereby. Reason: To define the permission. Backaround PaDers:

Consultation Responses:

Memo from Transportation received 1Oth February 2010. Memo from Protective Services received gth February 2010.

Contact Information:

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698274112

Report Date:

23rdFebruary 2010 APPLICATION NO. S10910 14531F UL

REPORT

1. Site Description

1.1 The application site is located within the ground floor of Unit 1 office building within the recently constructed Maxim development at Eurocentral, Holytown. The Maxim development is located within the north eastern part of Eurocentral which bounds onto the M8. Access to the wider Maxim development is taken from the roundabout forming part of Junction 5 of the M8 and this access also serves the adjacent Dakota Hotel, which lies to the north of Unit 1. A large car park lies to the west of Unit 1 and it should be noted that the office building is complete and unoccupied. Unit 3 is located to the east of the site and the ground floor of this building comprises of an amenity hub incorporating shops and a restaurant with office accommodation above.

2. Proposed Development

2.1 The applicant seeks planning permission for a change of use of part of the ground floor of Unit 1 from Class 4 (Business) to Class 11 (Assembly and Leisure) in order to accommodate a gymnasium. The gymnasium will measure 702 square metres in area. The applicant proposes minor external alterations to the entrance of the office block and the installation of plant equipment to the rear of the building which will be enclosed by a secure fence.

3. Applicant’s Supportinn Information

3.1 The applicant has submitted a planning statement in support of this application.

4. Site Histow

4.1 The application site lies within the Eurocentral Development which was designated an Enterprise Zone, with outline planning permission (Ref. 522/91 and amendment application 522191 Amendment No.1) granted in October 1992 for industrial, distribution and business uses. The Masterplan also identified a site for the construction of an amenity hub incorporating Use Classes 1 (Shop), 2 (Professional Services), 3 (Food and drink), 7 (Hotel) and 11 (Leisure) to serve the potentially significant number of employees within Eurocentral. Due to the development of the original site for the amenity hub, further planning applications were approved in 2008 and 2009 in order to provide a relocated amenity hub within unit 3 Maxim Park (former Chungwa Picture Tubes factory site) (Ref. 08/00863/FUL, S/08/00881/FUL and S/09/0054O/FUL). A children’s nursery (Class 10) has also been developed within Unit 2. A further amendment application is proposed for future submission to update consent S/06/01874/AMD (which allowed increased floorspace for Classes 4, 5, 6 and 7 within Maxim Park exclusively) to take cognisance of the introduction of Use Classes 1, 3, 10 and 11 (if this application is granted) to clearly reflect build out to date within this part of Eurocentral.

5. Development Plan

The site is zoned as Policy INDl (Industrial and Business Development Opportunities) in the Southern Area Local Plan 2008.

The site is zoned as EDII AI (Industrial and Business Areas) in the Finalised Draft North Lanarkshire Local Plan. 6. Consultations

Transportation has no objections to the proposed development.

6.2 Protective Services have commented that noise levels associated with any plant or ventilation from the completed development should be within recommended guidelines.

7. Representations

7.1 There have been no letters of representation received in relation to this application following the neighbour notification procedure and press advertisement.

8. Planninn Assessment

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. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned under Policy IND 1 (Industrial and Business Development Opportunities) in the Southern Area Local Plan 2008. Policies IND 10 (Assessing Other Developments on Industrial and Business Land) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.

AdoDted Local Plan:

Policy lNDl seeks to maintain a 10 year supply of marketable industrial and business development in each category of the land supply promoting where possible the re-use of vacant and derelict land. Policy IND 10 lists a set of criteria for assessing non industrial development within established Industrial and Business Areas which form part of the industrial land supply and the relevant criteria includes whether there is a specific locational requirement for the proposal. In this case the proposal is for an amenity use which is ancillary to the surrounding business development. The principle of alternative, ancillary uses has already been established at this location. While the proposed development would result in a loss of 702 square metres of Class 4 business floorspace, it is considered that the proposal is acceptable in that it will suitably provide an ancillary Class 11 leisure use, of which there is little provision within the locality for employees. In addition, Maxim Park retains the build out potential for 1, 267, 130 square feet of Class 4 Use which is considered acceptable. It is therefore considered that the proposal is an acceptable departure from Policies IND1 and IND10.

Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation have raised no objections to the proposal and as such, the proposal complies with Policy TRI 3.

Finalised Draft North Lanarkshire Local Plan:

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

Consultations:

8.6 With regard to the consultation response received from Protective Services, a planning condition is recommended to suitably control the noise levels generated from the proposed plant equipment. 9. Conclusions

9.1 In conclusion, this application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance it is considered that justification exists for departing from the approved zoning of the site for industrial purposes. Following detailed assessment of the application, I consider that the proposed development is acceptable when considered against the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is therefore recommended that planning permission is granted subject to conditions. - NORTH LANARKSHIRE COUNCIL

REPORT

70: PLANNING AND TRANSPORTATION Subject: Planning Application N/09/00650/FUL COMMITTEE Change of Use from Retail to 11 Residential Flats with Associated Works From: HEAD OF PLANNING AND DEVELOPMENT

Date: 17th March 201 0 Ref: N/09/00650/FUL

1. Purpose

1.1 At the Planning and Transportation Committee meeting on 13'h August 2009, the Committee were minded to approve a planning application for 12 residential flats, associated works and a covered roof play area (see attached report) subject to conditions and the conclusion of an agreement under the Terms of Section 69 of the Town and Country Planning (Scotland) Act 1997 to secure a financial commuted sum in accordance with the Council's Affordable Housing Policy. The Section 69 Agreement has not yet been concluded and the consent remains un-issued. The purpose of this report is to advise Committee of minor alterations that have subsequently emerged and agree an appropriate course of action.

2. Background

2.1 Since the initial meeting of the Planning and Transportation Committee and the decision to grant planning permission amended plans have been received. The amended plans involve alterations to the proposal to reduce the number of residential flats from 12 to 11 and amendments to the window fenestration. Furthermore, the proposal for a covered roof play area for a previously approved nursery now no longer forms part of the proposal.

3. Proposal

3.1 As the original planning consent has not yet been issued due to the Legal Agreement, and the alterations are considered to be acceptable from a planning viewpoint, it is proposed that a condition relating to the covered roof play area is removed and the drawing numbers condition is appropriately amended to address the alterations (see paragraph 6.2).

4. Financial Implications

4.1 None.

5. Corporate Considerations

5.1 No relevant corporate implications.

6. Recommendation

6.1 It is recommended that Committee note the contents of this report and agree the condition changes. It is further recommended that authority is given to the Head of Planning and Development to alter the detail of the wording if required. 6.2 Amended Condition

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

M402/2/09/01, M402/2/09/01A, M402/2/09/02, M402/2/09/03, M402/2/09/04, M402/2/09/05, L(OO)101, L(00)006 Rev B, L(O0)llO Rev A, L(00)114

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

Condition to be Removed (Condition 8)

8 That BEFORE the development hereby permitted starts, full details (including safety fencing, height and materials) of the design and materials to be used in the construction of the roof top children’s nursery play area shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of visual amenity and to preserve the character of the Conservation Area.

PATRICK KELLY Head of Planning and Development (3rdMarch 2010)

Local Government Access to Information Act: For further information please contact Kirsten Devlin on 01236616463 Application No: Proposed Development: N/09/00650/FUL Change of Use from Commercial to 12 Residential Flats with Associated Works plus Formation of a Covered Roof Play Area (for Approved Nursery)

Site Address: Former Co-op 56 Main Street Kilsyth G65 OAL

Date Registered:

8th June 2009

Applicant: Agent: Rock DCM C/o Jennie Ormond Floor 5 Argyll Chambers Buchanan Street Glasgow G2 8BD

Application Level: Contrary to Development Plan: Local Non Delegated No

Ward: Representations: 1 - Kilsyth None Councillors Griffin, Jones and Key

Recommendation: Grant with Conditions

Reasoned Justification:

The proposal is considered to comply with the terms of the Kilsyth Local Plan 1999 in that the upper floor has been out of use for a considerable number of years and the change of use to residential flats will have no significant adverse affect on the retail element of the town centre. The proposed external alterations are of a quality in terms of design and use of materials that will contribute to the amenity of the Conservation Area. The alterations and change of use to residential flats will enhance the vitality of the town centre while contributing to affordable housing in the Cumbernauld Sub Market Area.

Legal Agreement:

The applicant is required to enter a legal agreement in terms of Section 69 of the Local Government (Scotland) Act 1973 to secure a financial commuted sum in accordance with the Council’s Affordable Housing Policy. Former Co-op 56 Main Street Kjlsyth Change of Use from Commercialto 12 Residential Ppartments with Associated Works Proposed Conditions

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 1997.

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

M40212109101, M402/2/09/01A, M40212109102, M40212109103, M40212109104, M40212109105, M40212109106, M40212109107, M40212109108, M40212109109, M402/2/09/10, M402/2/09/1I, M402/2/09/12

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

3. That BEFORE the development herby permitted starts, a detailed drawing showing the location of all bin stores shall be submitted to and approved in writing by the Planning Authority; thereafter the bin stores shall be constructed in accordance with the approved details.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of visual amenity and to preserve the character of the Conservation Area.

6. That BEFORE the development hereby permitted starts drawings showing the detailed design of all new and replacement windows shall be submitted to, and approved in writing by the Planning Authority; for the avoidance of doubt any replacement windows on the sandstone building shall replicate the existing windows in style and materials.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of visual amenity and to preserve the character of the Conservation Area.

7. 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; in the interests of visual amenity and to preserve the character of the Conservation Area.

8. That BEFORE the development hereby permitted starts, full details (including safety fencing, height and materials) of the design and materials to be used in the construction of the roof top children’s nursery play area shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of visual amenity and to preserve the character of the Conservation Area.

9. That the development hereby permitted shall not start until the submission of a Notice of Initiation to the Planning Authority

Reason: To accord with the provisions of the Planning etc (Scotland) Act 1997.

10. That within 4 weeks of occupation of the development hereby permitted a Notice of Completion shall be submitted to the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control. Background Papers:

Contact Information: Any person wishing to inspect these documents should contact Mary Hogg at 01236 616459

Report Date: 5 August 2009 APPLICATION NO. N1091006501FUL

REPORT

I. Site Description

1.I This application relates to the change of use from retail use to 12 residential apartments with associated works at the vacant Cooperative Building at 60 - 62 Main Street, Kilsyth. Also proposed is the formation of a covered roof play area for use in association with the approved ground floor nursery.

1.2 The building lies within the main pedestrianised shopping area within the town centre. The majority of buildings are two/ two and half storeys in height; the upper floors being used for retail storage, commercial use or residential accommodation. Lanes either side of the building provide pedestrian access from the Main Street to the rear of the building and to two public car parks.

1.3 The property consists of the original Cooperative building which is a Victorian two storey red sandstone building with slated hip roof and timber sash and case windows. The building has been extended to the north and east with the construction of a wrap around brick and concrete extension typical of a 1960s type infill development. The majority of the roof is flat except for the north section of the extension which has a shallow gable roof. Windows on the upper front elevation of the newer building are small and unsuitable for residential flats.

2. Proposed Development

2.1 The proposal is to convert the upper floor into 12 residential flats for private rent by Clyde Valley Housing Association. It is proposed to form four two bedroom flats, seven one bedroom flats and a studio flat. As part of the conversion it is proposed to make changes to the external finishes of the extension to improve and enhance the appearance of the building. The finishes would be a combination of white acrylic render and timberframe infill panels at ground and first floor level. Large modern windows with a vertical emphasis will be formed throughout the building some with an aluminium charcoal flashing design feature.

2.2 A covered roof top play area is proposed for the future children’s nursery already approved in part of the ground floor of the building. The flats will be accessed by an open staircase and the children’s nursery play area by a newly constructed stairwell both on the north elevation of the building. The original building will remain intact except for replacement windows.

3 Site Historv

3.1 Relevant planning history is as follows;

0 N/04/00090/FUL Alterations and Change of Use from Class 1 (Retail) to Public House, granted 3 March 2004. 0 N/04/01897/FUL Change of Use of a Retail Unit to a Cafe Bar, Pizzeria Take Away, Office and Residential Flat, granted 2 February 2005. 0 N/05/02069/FUL External Alterations to Building and Change of Use from Shop to Business at First Floor and from Soft Play to Day Nursery at Ground Floor North Unit, granted 10 February 2006.

4. Development Plan

4.1 The application raises no strategic issues, and can be assessed in terms of the local plan policy.

4.2 In terms of the Kilsyth Local Plan 1993 the site is covered by the following policies: Policy BE5: Development in the Kilsyth Conservation Area should preserve or enhance the character or appearance of the conservation area.

SCI: The Council will encourage the change of use of ground floor properties for retail use and the uptake of vacant units within the core shopping area.

SC3: Within the core shopping area there will be a presumption against the loss of shops for the sale of retail goods although there may be a scope for changes of use to other uses compatible with a retail environment such as food and drink where such proposals will not affect the viability and vitality of the shopping centre, are both compatible with surrounding land uses and will avoid a detrimental preponderance of non retail frontages.

SC5: Within the central area there will be a presumption against hot food shops located directly below or in close proximity to residential properties.

SC7: The Council will continue to seek to secure improvement for the plan areas shopping facilities.

4.3 The Finalised Draft North Lanarkshire Local Plan 2008 (FDNLLP) is a material consideration when assessing this proposal. The site lies within an area covered by Policy RTC 1 A - Town Centres and NBE 1 B3a Conservation Areas. The Town Centre Policy seeks to protect the network of town centres by continuing the focus of retail, leisure, civic and community uses within these Centres. Policy NBE 1 B3a objective is to protect, promote and assess development in support of the built environment within the Council’s Conservation Areas.

4.4 Kilsyth lies within the Cumbernauld Sub-Market Area which is covered by Policy HCF 3 Affordable Housing Development. In this area the Council seeks the provision of a proportion of affordable housing for all new housing developments. For sites with a capacity of greater than 5 and less than 20 units a commuted sum will be required. Under this, discussion and agreement in respect of finalising the appropriate commuted contribution should be undertaken by the developer and Housing and Social Work Services. The commuted sum would be the subject of a Section 69 Agreement.

5

5.1 A summary of comments from consultees is as follows:

Traffic and Transportation have indicated that there is no dedicated parking provision for this proposal and although located in the town centre the general parking in the area is heavily used. Without the provision of dedicated parking for the development it is recommended that permission be refused.

6 Remesentations

6.1 Following the standard neighbour notification process and newspaper advertisement no objections were received.

7 Plannina Assessment

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

7.2 There are no strategic issues and the proposal is considered to comply with the terms of the Kilsyth Local Plan (policies BE5, SCI, 3, 5 and 7) in that the upper floor has been out of use for a considerable number of years and the change of use to residential flats will have no significant adverse affect on the retail element of the town centre. In addition, the proposed external alterations are of an acceptable quality in terms of design and use of materials and, as such, will contribute to the amenity of the Conservation Area. The alterations and change of use will enhance the vitality of the area.

7.3 The proposal complies with Finalised Draft North Lanarkshire Local Plan policies RTClA and NBElB3A with these policies having similar objectives to the Adopted Local Plan policies.

7.4 Traffic and Transportation have recommended refusal of this proposal on the grounds of no dedicated car parking provision. It must, however, be accepted that a town centre location can be problematic with regards to parking but that there is general town centre parking to serve all existing and proposed uses. The building has consent for a children’s nursery, shops and a caf&/bar on the ground floor level all of which have access to the rear service area. It is noted that the applicants have intimated that they wish to work in partnership with the Council to devise a parking strategy for the town centre. In view of the fact that this is an existing building it is considered that it is acceptable that users and prospective residents take advantage of general town centre parking. As such it is not considered that there is an overriding parking issue.

7.5 Given that this is an important building within the Main Street and the Conservation Area the proposed alterations to the existing flat roofed section of the building will add interest to a currently uninspiring structure. The external finishes of white render and timber will enhance and compliment the traditional sandstone building whilst increasing the size of the windows of the ground and upper floor of the concrete section will give a sense of openness and light. The proposed alterations to the rear of the building will enhance the well used pedestrian link to Main Street. It is considered that the alterations will make a positive visual contribution to the streetscene of the Conservation Area.

8 Conclusions

8.1 The proposal is considered to comply with the terms of the Kilsyth Local Plan in that the upper floor has been out of use for a considerable number of years and the change of use to residential flats will have no significant adverse affect on the retail element of the town centre. In addition, the proposed external alterations are of a quality in terms of design and use of materials that will contribute to the amenity of the Conservation Area. The alterations and change of use will enhance the vitality of the area.

8.2 Having considered the Local Plan and all material planning considerations the change of use from retail to residential use and the formation of a roof top play area for the future children’s nursery on the ground floor are acceptable from a planning point of view. It is recommended that planning permission be granted.

8.3 If granted planning permission should not be issued until an agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded with the applicant in respect of the Affordable Housing Provision contribution. NORTH LANARKSHIRE COUNCIL AGENDA ITEM REPORT

To: PLANNING AND TRANSPORTATION Subject: SCOTTISH PLANNING POLICY COMMITTEE

From: HEAD OF PLANNING & DEVELOPMENT

Date: 17‘h March 2009 Ref: PWPG

1. Purpose

1 .I To inform Committee of the publication of Scottish Planning Policy and to indicate how this will be incorporated in practice in North Lanarkshire.

2. Background

2.1 In June 2009 Committee received a report on the Scottish Government’s draft proposals to consolidate planning policy from a range of more than 20 publications to a single policy document. A further report indicating some policy changes as a result of new legislation was submitted to Committee in November 2010. The new single policy document ‘Scottish Planning Policy’, (SPP) has been published and is now effective.

3. Proposals/Considerations

3.1 The SPP is now one of a much smaller number of documents providing the basis of planning policy considerations, the others being Designing Places, Designing Streets, Scottish Historic Environment Policy (SHEP), and the Planning Circulars. Together these provide the framework for the preparation of development plans, and can be a material consideration in the determination of planning applications and other applications for consent on planning matters.

3.2 The new SPP summarises the role, content and implementation of Development Plans, together with the principles involved in Development Management, including enforcement, appeals and local review bodies. The SPP confirms the overarching principles of community engagement, and the overall Scottish Government objectives of sustainable economic growth and sustainable development. There is a specific section on planning’s role in tackling climate change.

3.3 Separate subject policy documents have been replaced by subject policy sections of the new SPP, covering economic development, town centres and retailing, housing etc. Generally they have extracted the specific policy elements from the previous documents and do not raise new issues. Several points which were raised by this council in relation to the draft SPP referred to in para. 2.1 above, have been addressed in this final document.

3.4 The economic development section does include a policy change in that the single user high amenity locations (which include Faskine in North Lanarkshire and Raith in South Lanarkshire ) are no longer safeguarded as national priorities. However it is recommended that well located sites be identified in strategic development plans, and this issue will be considered by the Glasgow and Clyde Valley Joint Committee.

3.5 On Town Centres, it is re-iterated that a network of centres be identified and that the sequential approach favouring town centres over edge of centre or out of centre locations is maintained for retail and commercial leisure developments. There is strong encouragement for planning authorities to carry out ‘health checks’ on the viability and vitality of town centres and to carry out town centre improvements.

3.6 The requirement for identification of land to meet housing need and demand assessments continues as does the objective of achieving quality residential environments. Redevelopment of brownfield sites continues to be preferred to development on greenfield sites.

3.7 There has been some revision of policy relating to rural development and on green belts, and these will be considered in the Council’s supplementary guidance which has to be finalised following public consultation.

3.8 The section on Transport re-emphasises the importance sustainable transport and of close co-operation between development plans and local transport strategies. It also includes national maximum parking standards, although it states that more rigorous standards may be appropriate in areas well served by sustainable transport and less restrictive standards may be appropriate in rural areas. Separate minimum standards are required for parking for disabled people.

4. Financial Implications

4.1 The SPP does not raise any new financial considerations for the Council.

5. Corporate Considerations

5.1 The SPP is an important contribution to sustainable development by providing an up- to-date policy framework on the full range of planning issues. There are no new implications for Council procedures or resources.

6. Recommendation

6.1 That Committee notes the introduction of the Scottish Planning Policy and also notes that where appropriate the SPP will be incorporated in development plans, supplementary guidance and reports on planning applications.

Head of

Local Government Access to Information Act: For further information please contact Phi1 Gaunt (01236 616252) c- NORTH LANARKSHIRE COUNCIL AGENDA ITEM No. ...? -.- REPORT

To: PLANNING AND TRANSPORTATION Subject: DEVELOPMENT PLAN SCHEME COMMITTEE 201 0

From: HEAD OF PLANNING AND DEVELOPMENT

Date: 17 March 2010 IRef: LPT/O1/06/dpj I

1. Purpose

1.I To seek approval for the Council’s Local Development Plan Scheme 201 0.

2. Background

2.1 Under the provisions of the Planning etc. (Scotland) Act 2006 the Council is responsible for the preparation and maintenance of a Local Development Plan (LDP) in place of Local Plans. As part of the arrangements the Council is required to update its Development Plan Scheme (DPS) by 31 March 2010.

2.2 The DPS informs all potential stakeholders of the Council’s intended programme of plan preparation, its stages and its approach to consultation.

2.3 The future development Plan structure for North Lanarkshire is based on the following:

0 The Glasgow and Clyde Valley Joint Strategic Development Plan. Once approved will replace the current Structure Plan and provide a locational strategy for new development for the first 12 years from approval with a broad indication of scale and direction of growth for around 20 years.

The North Lanarkshire Local Development Plan. Once adopted will replace the North Lanarkshire Local Plan (NLLP). It will contain a spatial strategy, proposals map and schedule of local authority’s land interests affected by the Plan. It will focus on detailed land use proposals for the period up to year 10 from adoption. The LDP will be integrated with other Council and Partner statutory plans and strategies.

3. Proposal

3.1 DPS 201 0 is attached to this report and informs stakeholders of: . the Council’s present development plan framework . the provisions of the current planning system . the programme of work involved in the preparation of a LDP 1 the formal stages of the process, and . the participation and public involvement in it

3.2 The LDP is scheduled to commence following adoption of the North Lanarkshire Local Plan and subsequent publication of the new Proposed Strategic Development Plan in 201 1.

4. Financial Implications

4.1 Planning and Development Service revenue budget will cover printing, publishing and consultation costs. 5. Corporate Considerations

5.1 The aim of the Local Development Plan is to promote regeneration and sustainable growth of communities. The LDP will be prepared in accordance with EU Directive 20001/42/EU and the Environmental Assessment (Scotland) Act 2005. The Plan is also subject to Heath and Equalities Impact Assessment

6. Recommendation

6.1 It is recommended that Committee:

1 Approves the content of the statutory Development Plan Scheme 2010, and

2 Issue DPS 2010 to all stakeholders and make it available on the Council’s Web Site.

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Head of Planning and Development 9 February 2010 Local Government Access to Information Act: For further information please contact David Jones Assistant Business Manager Local Plans on 01236 618133

Backnround Papers

Appendix 1 Development Plan Scheme 2010 APPENDIX 1

NORTH LANARKSHIRE COUNCIL LOCAL DEVELOPMENT PLAN

DEVELOPMENT PLAN SCHEME

March 2010

Executive Director of Environmental Services Paul Ju kes North Lanarkshire Council Planning and Development Service

1 CONTENTS Page

1. INTRODUCTION 3

2. FUTURE DEVELOPMENT PLAN 4

3. LDP TIMESCALES 5

4. KEY ISSUES 6

5. NEXT STEPS 7

6. PART IC IPAT I ON STATEMENT 9

7. PARTICIPATION MATRIX 10

2 1 INTRODUCTION

Development Plans set out Councils policies and proposals for the use and development of land and buildings and guide future development to the most appropriate locations. The Development Plan consists of the approved Structure Plan and adopted Local Plans. They consider a wide range of land use matters including economic development and infrastructure, retail and town centres, housing and community facilities and the natural and built environment. Planning Application decisions must be in accordance with the Development Plan unless material considerations indicate otherwise.

The Scottish Government considers that a properly functioning planning system is essential in achieving sustainable economic growth and development. It supports forward looking, visionary and ambitious Development Plans that provide certainty.

NORTH LANARKSHIRE’S CURRENT DEVELOPMENT PLAN The Glasgow and the Clyde Valley Joint Structure Plan Third Alteration 2006 (the Structure Plan) gives a longer-term vision for development of the wider Clyde Valley region.

The following Adopted Local Plans cover North Lanarkshire: Existing Local Plan Date Adopted Cumbernauld Local Plan 1993 Monklands District Local Plan 1995 Kilsyth Local Plan 1999 Northern Corridor Local Plan 2005 Southern Area Local Plan 2008

Collectively, these documents make up the existing Development Plan for North Lanarkshire Council.

The following are material considerations: Emerging Local Plan Date Approved Finalised Draft North Lanarkshire Local Plan (FDNLLP) 2008

The Plan is scheduled for Examination in 2010 with a view to Adoption early 201 1

Supplementary Planning Guidance Guidance is in preparation on a range of policy topics associated with the FDNLLP.

3 2 NORTH LANARKSHIRE‘S FUTURE DEVELOPMENT PLAN

As a result of the Planning etc (Scotland) Act 2006 Structure Plans and Local Plans will be replaced by a Strategic Development Plan and Local Development Plan. They will reflect the following structure:

1 The Glasgow and Clyde Valley Joint Strategic Development Plan (SDP) will provide a vision statement and spatial strategy with an analysis of the Plan’s relationship to neighbouring areas. Once approved, this SDP will replace the current Structure Plan. The locational strategy for new development will focus up to Year 12 from approval, with broad indication of the scale and direction of growth up to Year 20.

2 The North Lanarkshire Local Development Plan (LDP) will set out more detailed policies and proposals. It will contain a spatial strategy, proposals map and schedule of the local authority’s land interests affected by Plan policies or proposals. It will focus on specific proposals for the period up to Year 10 from Adoption.

The LDP will be integrated with Council and Partner statutory plans and strategies affecting the development of land. It will take account of the National Planning Framework and be consistent with its SDP.

DEVELOPMENT PLAN SCHEME DPS 2010 sets out the programme for preparing and reviewing the Local Development Plan and includes the following:

- A programme and timetable for preparing and reviewing the LDP Sets out what is involved at each stage Includes a Participation Statement setting out when, how and with whom consultation will take place with proposals for public participation

This update will be widely circulated to all relevant Community Councils, agencies, public and private developers and neighbouring Councils. It will be posted on the Council’s Web pages and reviewed annually.

LDP ASSESSMENTS The LDP will include the following:

A Strategic Environmental Assessment (SEA) - a process of scoping potential environmental impacts resulting from future LDP development strategy, policy or proposals. This will be carried out with SEPA, SNH and HS.

Equality Impact Assessment (EIA) - a process for ensuring that LDP strategy, policy or proposal addresses potential impacts on disadvantaged groups.

Health Impact Assessment (HIA) - a process for assessing LDP strategy, policies and proposals against broader impacts on health and wellbeing.

4 3 LDP TIMESCALES

The intended timescales for preparing the LDP together with its accompanying SEA is set out in the following.

LOCAL, DEVELOPMENT PLAN (LDP) PROCESS

Plan Process Strategic Environment Target Assessment (SEA) Process

+ Development Plan Scheme 2010 SEA scoping 4 rnMarch 2010

IIPre-MIR Consultation I ElAutumn 20 11

mSummer 20 12

I Summer2013 I

Modifications to Amend Environmental I Late2013 Plan Report I

- Finalised Environmental Report

Monitoring and Review of Plan and SEA Ongoing I II 2014-2019 I

5 4 LDP KEY ISSUES

Strategic Review The LDP will reflect the strategic vision and priorities of the Council and its partners established in the SDP, Single Outcome Agreement and North Lanarkshire Community Plan, and other council strategies e.g. Local Transport Strategy, Local Housing Strategy and those of partner organisations, such as NHS Lanarkshire and Scottish Water.

The Single Outcome Agreement sets out joint commitments between Scottish Government and the Council to the delivery of agreed outcomes reflecting the following themes:

vibrant economy, open for business a place with jobs and opportunities for all lifelong learning is valued and encouraged improved wellbeing adds years to life and life to years quality environment

A number of local indicators have been identified that will inform the development of the LDP. These include increasing business space, rate of house building, size of social rented housing stock, balancing population in rural communities and reducing carbon emissions

Planning Policy Review To progress the key issues it will be necessary to gather a robust evidence base from which to assess the effectiveness of existing local plan policy. This will include:

examination of SDP strategic policies assessment of Scottish Government planning policy and guidance updates monitoring effectiveness of existing local plan policy at Appeal and in planning decisions

The requirements of SPP and the timely provision of land for housing requires a calculation of housing demand, demographic projections and forecast of economic performance for the Glasgow and Clyde Valley Conurbation. An assessment of housing market areas, private sector demand, affordable and community care housing requirements and policy framework to achieve this will be a complementary and simultaneous collaborative approach at SDP, LDP and Local Housing Strategy levels.

6 Protecting natural and built environment resources Promoting natural and built environment Assessing planning applications in Green Belt and Rural Investment Areas

ACTION PROGRAMMES An LDP Action Programme will be prepared as a means of delivering the Plan’s objectives. It will include:

list of actions required to deliver each of the Plan’s policies and proposals

names of responsible parties for each action

timescale for implementation

The Action Programme will be published with the Proposed Plan. Once approved it will be confirmed within 3 months of Plan Adoption reviewed and updated every 2 years.

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