North Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 11 December 2008

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

1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 1Ith December 2008

Page Application No. Applicant DevelopmentlLocus Recommendation No 5 N/07/00959/FUL Amalgam Properties Construction of 74 Flats and Grant (P) Ltd 14 Town Houses Site To The North Of Bogside Road Kilsyth

14 N1081002461FUL ORM Building Construction of Nine Grant Renovations Ltd Dwellinghouses Request for 26 - 28 Station Road Site Visit Muirhead and Hearing

25 N/08/00266/FUL Clyde Valley Construction of 21 Grant Housing Association Dwellinghouses Request for Former Stepps Primary Site Visit School and Hearing School Road Cardowan Stepps

34 N/08/01503/FUL Amin Hussain Change of Use of Industrial Grant Unit to Leisure Facility 2 Old Quarry Road Westfield Cumbernauld

39 N/08/01526/FUL Michael & Jan Erection of Dormer Roof Grant Zycinski Extension (In Retrospect) 2 Comrie Road Millerston Stepps

44 N/08/01528/FUL Balfour Beatty Utility Erection of Fence Grant Solutions 29 - 43 Napier Road Ward park Cumbernauld

49 N/08/01532/TPO Mr John Jenkins Topping of 9 Trees and Refuse Felling of 9 Trees Land to the Rear Of 10 Victoria Terrace Dullatur Cumbernauld

54 N/08/01553/FUL Mr Gordon Letham Formation of Driveway Grant 30 Kingsway Kilsyth

60 C/06/0191 I/OUT Don Design Ltd Formation of 9 Residential Refuse Plots (In Outline) at Land East Of St Kevin's RC Church, Mainhill Road, Bargeddie

2 65 C/08/0 5301FUL Mr and Mrs M. Coyle Erection of Front Porch to Grant Accommodate Ground Floor Disabled Use Bathroom at 22 Scarhill Avenue, Airdrie

71 WO810 537/FUL Mr W Graham Construction of 525sqm Refuse Commercial Tool Hire Unit at Land at Corner Of Miller Street And Coatbank Street Coatbridge

77 S/07/00781 /FU L Dundas Estates Erection of 79 No Grant (P) Dwellinghouses and 60 No Flatted Dwellings Scottish Power Leven Street, Motherwell

87 S/08/00508/OUT Motherwell Miners Erection of Flatted Grant Welfare Society Residential Development, Request for Site New Social Club and Visit Associated Parking (Outline) 274 Ladywell Road, Motherwell

98 S/08/00901/FUL Ms Gardner Erection of Two Storey Grant Extension to Side of Dwellinghouse (In Retrospect) 12 Centurion Place, Motherwell

103 S/08/01113/MIN Benhar Continued Extraction of Grant (P) Developments Ltd Coal, Rock & Fireclay, Importation of Non Hazardous Commercial & Industrial Waste (For Recycling) & lnfilling of Void and Erection of Associated Recycling Facility, Plant & Offices Mossband Farm, Motherwell Road, Newhouse

134 S1081013631FUL hi Enterprises Change of Use of Shop to Grant Hot Food Takeaway 159C Netherton Road, Wishaw 139 S/08/01498/FUL Ms A Paterson Renewal of Planning Grant Permission for Snack Bar Site Carpark Adjacent To Spar, Carfin Road, Newarthill

144 S/08/01506/FUL Vodafone Ltd Installation of a 14.43 metre Grant High Street Works Monopole Request for Site and 2 Ancillary Equipment Visit and Hearing Cabinets Footpath - Location, Bellshill Road, Forgewood

3 (PI N/07/00959/FUL If granted, Section 69 Required. C/07/00745/AMD If granted, Section 69 Agreement required for off-site play provision. S/07/00781/FUL If granted, refer to Scottish Ministers, Section 69 Required S/08/01113/MIN If granted, refer to Scottish Ministers, Section 75 Required, Environmental Impact Assessment Application

4 Application No: N/07/00959/FU L

Date Registered: 5th June 2007

Applicant: Amalgam Properties Ltd No. 2 Palmerston Park Waterside Londonderry BT47 6DJ

Agent ARM Architects 2a Berkeley Street Glasgow G3 7DW

Development: Construction of 74 Flats and 14 Town Houses

Location: Site To The North Of Bogside Road Kilsyth

Ward: 1 - Kilsyth: Councillors Griffin, Jones and Key

Grid Reference: 271587677377

File Reference: N/07/00959/FUL

Site History: 0 95/00209/PL Erection of Residential Development consisting of 15 Dwellings and 8 Flats Approved 07.05.1995 0 N/06/00236/FUL Erection of Flatted Development Approved 13.04.2006

Development Plan: Kilsyth Local Plan 1999. HGI New Housing Sites

Contrary to Development Plan: No

Consultations: Central Scotland Forest Trust (Comments) West Of Scotland Archaeology Service (No Comments) Scottish Environment Protection Agency (Comments) Strathclyde Police (No Objection)

Represen tat io ns : 7 letters of representation received.

Newspaper Advertisement: Not Required

5 Representation

6 Recommendation: Approve Subject to the Following Conditions:-

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

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

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 736 - 105a, 736 - 106a, 736 - 109, 736 - 110, 736 - 11 1, 736 - 120,736 -121, SP/966 110 Rev A, SP/966 111, SP/966 1 12.

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

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: In the interests of visual amenity by ensuring the materials are acceptable for the site and the surrounding area.

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 interest of the amenity of the site and the general area.

That BEFORE the development hereby permitted starts, full details of existing and proposed ground levels 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: In the interests of visual amenity by ensuring the levels are acceptable for the site and the surrounding area.

That BEFORE the development hereby permitted starts, full details of the bin store layout and design 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: In the interests of visual amenity by ensuring the bin stores are acceptable for the site and the surrounding area.

That BEFORE the development hereby permitted starts, amended plans which provide the following details shall be submitted to, and for the approval of the Planning Authority and the development shall be implemented in accordance with the approved amended details:-

(a) the driveways at Plots 5 to 7 shall be repositioned so as to be at right angles to the road; (b) Plot 5 shall be repositioned to ensure the parking provision can be accommodated within the front garden; (c) details of the grass areas within the front gardens of Plots 5 to 18. Please note fully paved front gardens are unacceptable; (d) details showing that the access to the parking areas of the flats are by dropped kerb footway crossings;

7 (e) unallocated parking amended to be in a lay-by format.

Reason: In the interests of traffic safety.

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

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

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

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

Reason: To ensure the landscaping is acceptable for the site and the surrounding area.

10. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpaths; (b) the proposed parking areas; (c) the proposed external lighting; (d) the proposed grassed, planted and landscaped areas; (e) any proposed fences/walls/landscaping along the boundaries; (9 the surface water drainage scheme.

Reason: In the interests of amenity by ensuring that landscape maintenance procedures are appropriate for the site.

11. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 10 shall be in operation.

Reason: In the interests of amenity by ensuring that landscape maintenance procedures are appropriate for the site.

12. That BEFORE the development hereby permitted starts, confirmation that the drainage system shown can accommodate all storm events up to the 200 year event without overtopping shall be submitted to, and for the approval of the Planning Authority. If the aforementioned information cannot be agreed, further details of the depth and velocity run-off of the overland flows shall be submitted and no start on site can take place until these details have been agreed.

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

8 development site

13. That BEFORE the development hereby permitted starts, written evidence shall be submitted confirming that Scottish Water has given technical approval for the drainage system and that they will adopt and maintain the elements of the surface water drainage scheme sited in the public road.

Reason: In the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

14. That BEFORE the development hereby permitted starts, details of the provision for Swift and House Martin nesting within the development shall be submitted to, and for the approval of the Planning Authority, and the approved provision shall thereafter be installed and maintained.

Reason: To increase suitable nesting areas for Swifts and House Martins, and deliver the key objective of Swift conservation in the North Lanarkshire Biodiversity Action Plan.

15. That if no works begin within a year of the date of this permission, a follow-up bat emergence survey of the site shall be submitted to, and for the approval of the Planning Authority.

Reason: In the interests of nature conservation as bats are a European Protected Species.

16 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 safeguard the amenity of the area as historical records show it is a site of unknown filled ground.

17 That on completion of any remediation works identified by the site investigation required in terms of condition 16, a certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

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

Background Papers:

Application form and plans received 5th June 2007

Letter from Central Scotland Forest Trust received 5th July 2007 Letter from West of Scotland Archaeology Service received 3rd July 2007 Letter from Scottish Environment Protection Agency received 9th August 2007 Letter from Strathclyde Police received 17th July 2007

Memo from Traffic & Transportation (Northern Area) received 9th July 2007 Memos from PE Geotechnical Team received 10th July, 12" September and 4" November 2008

9 Letter from Claire Knox, 6 Kirklands Crescent, Kilsyth, G65 OLS received 12th June 2007. Letter from Mr John Burns, 30 Kirklands Crescent, Kilsyth, G65 OLS received 12th June 2007. Letter from Mary Caldwell, 15 Bogside Road, Kilsyth, G65 OLR received 12th June 2007. Letter from Mrs E Paterson, 38 Kirklands Crescent, Kilsyth, G65 OLS received 12th June 2007. Letter from H Naylor, 42 Kirklands Crescent, Kilsyth, G65 OLS received 12th June 2007. Letter from Mrs J Knox, 32 Kirklands Crescent, Kilsyth, G65 OLS received 12th June 2007. Letter from Kilsyth Community Council, C/o Mr A Machray, 19 William Wilson Court, Kilsyth, G65 9DP received 29th June 2007.

Kilsyth Local Plan I999 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463.

NOTE TO COMMITTEE

If granted, the planning permission will not be issued until an Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded in respect of a financial contribution of €25,500 (€250 per flat & E500 per dwellinghouse) towards the upgrading of a local play area.

Date: 25'h November 2008

10 APPLICATION NO. N/07/00959/FUL

REPORT

1. Description of Site and Proposal

1.I This application is for the construction of 74 flats and 14 houses at the site to the north of Bogside Road, Kilsyth. The site is a former sand quarry which is covered by vegetation and trees and suffers from a dumping problem. It sits to the north of existing houses at Kirklands CrescenVBogside Road, to the east of Kilsyth Parish Cemetery and south of Bogside Park and the recently completed St Patrick’s Primary School and nursery.

1.2 The proposed development is of a modern and innovative design with a mix of 3, 4 and 5 - storey flats and 3-storey town houses. A modern palette of facing materials is also proposed. Parking is proposed in the basement and to the front of the flats. The site is of varying levels and slopes steeply at the north and north west margins. The layout of the site, and in particular the location of the flats, has been designed to take account of the site levels.

1.3 The site has been the subject of two planning applications in recent years. The most recent was approved in April 2006 for 57 flatted properties in the form of 4 x 4-storey blocks and a 1 x 3 storey block.

2. Development Plan

2.1 The proposal raises no strategic issues and can be assessed in terms of the relevant Local Plan Policies.

2.2 The site is covered by Policy HGI: New Housing Sites in the Kilsyth Local Plan 1999.

2.3 The zoning and policy position is unaltered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and Representations

3.1 Summaries of external consultation comments are as follows; Scottish Environment Protection Agency: No objections. West of Scotland Archaeology Service: There are no substantive archaeological issues. Central Scotland Forest Trust: There is potential for a developer contribution to Bogside Park, boundary treatments and access. The proposal will benefit an area of neglected land that suffers from dumping. Strathclyde Police: No objections.

3.2 The Head of Land Services has commented on landscaping and the conservation of Swifts, House Martins and Bats (covered by planning conditions). In terms of play provision the site is adjacent to Bogside Park. A contribution of €25,500 will be made in lieu of on site play provision and the sum used to upgrade local play facilities.

3.3 My Traffic and Transportation Team Leader is satisfied with the proposal subject to conditions requiring minor alterations.

3.4 My Geotechnical Team Leader has provided comments and observations on the foul and surface water drainage proposals (with the final details being covered by planning conditions).

11 3.5 Seven letters of representation, including one from Kilsyth Community Council, have been received in connection with the proposal. A summary of the points of objection and my comments are as follows:

0 Concerns have been expressed regarding overshadowing, loss of privacy, and loss of outlook.

Comment: The locations of the proposed buildings in relation to the existing houses are such that there will be no direct overshadowing issues. The distance between the properties means that minimum window to window standards are greatly exceeded. While the development will inevitably impact on amenity, as the site is currently undeveloped, it is not significant enough to justify refusing planning permission. Furthermore, there will be no unacceptable loss of privacy. It is conceded that the view will be significantly altered, although this is not a normal cause for concern in planning terms.

0 The area already suffers from drainage problems; the proposed development will make matters worse.

Comment: The drainage scheme is acceptable to SEPA and the developer will require to ensure the details are acceptable to the Planning Authority and Scottish Water before any work starts on site.

0 Access and parking concerns have been raised as on-street parking occurs at present. The increase in volume of traffic is also an issue, particularly so close to a school, nursery and Bogside Park.

Comment: My Traffic and Transportation Team Leader has not raised any concerns about the increase in traffic. The development is designed to accommodate parking for all the residents without impacting on surrounding streets.

The previous plan was to construct semi-detached houses, not flats, which will have much more of an impact.

Comment: The most recent planning permission was granted in April 2006 for a total of 57 flatted properties in the form of 4 x 4-storey blocks and a 1 x 3 storey block.

The proposal is a gross overdevelopment of the site, with 4 and 5-storey flats.

Comment: Although the site will be densely developed, there is adequate parking provision and open space for the number of units. As such the proposal is not considered to constitute overdevelopment. Furthermore, the principle of 4 storey flats has already been accepted by the permission from 2006.

4. Planninn Assessment and Conclusions

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

4.2 The levels of the site and the proposed design, materials and basement parking will result in an interesting and innovative development. Although the proposed flats are very different in design and scale to the flats in the immediate locale, they are considered to be acceptable in planning terms. It is considered that innovative proposals should be encouraged providing they meet all the usual planning standards. The proposed parking provision and open space areas comply

12 with the Council’s Design Guidance.

4.3 It is unavoidable that a development of the proposed scale will have any impact on the existing residents, particularly when the site is currently undeveloped. However, for the reasons outlined in section 3.5 above, I do not consider the proposal to have a significant detrimental impact on residential amenity.

4.4 With respect to consultation comments it should be noted that the drainage scheme for the site has been negotiated over a considerable period of time and in principle is considered to be acceptable subject to conditions. The Traffic and Transportation comments are covered by planning conditions, as are those received from the Head of Land Services.

4.5 It is considered that the proposal is acceptable from a planning viewpoint in terms of layout, density and open space requirements. The site is allocated for new housing development in the Kilsyth Local Plan 1999 (and is also covered by a similar zoning in the Finalised Draft North Lanarkshire Local Plan). As such it is recommended that planning permission be granted.

4.6 If it is the decision of the Committee to grant permission the decision notice should not be issued until a Section 69 Legal Agreement has been concluded with the applicant to secure a financial contribution towards the upgrading of a local play area.

13 Application No: N/08/00246/FUL

Date Registered: 22nd February 2008

Applicant: DRM Building Renovations Ltd 23 Netherburn Avenue Houston PA6 7NF

Agent Richard Robb Architects 7 Dunvegan Avenue Gourock lnverclyde PA19 IAE

Development: Construction of Nine Dwellinghouses

Location: 26 - 28 Station Road Muirhead Glasgow G69 9EH

Ward: 5 - Strathkelvin: Councillors Hogg, McGlinchey, Shaw & Wallace

Grid Reference: 268422 669270

File Reference: N/08/00246/FUL

Site History:

Development Plan: Northern Corridor Local Plan, 2005. Policy HG3: Retention of Residential Amenity

Contrary to Development Plan: No

Consultations: Scottish Water (Comments)

Representations: 28 letters of representation and a 61 signature petition received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

14 Representation Recewed From / Chrpton Comniunity Council Councillor McGlinche y 61 Signature Petition Y w

~~024~UL --a&-% DRM Building Renovabans Ud eF&s- &!%@- 26.28 Station Road Mutrhead 1.2.500 A *m&.ssmw- Conshuction of Nine Dwellinghouses *Representation

15 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- DM/229 020, DM1229 B11001, DM1229 B11002, DM1229 B21001, DM1229 B21002, DM/229 B31001, DM1229 831002, J245-P-01.

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

3. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt, the feature stone quoins are not hereby approved, neither are the Marley Eternit roofing tiles (a suitable slate alternative tile or natural slate is required). Furthermore, the window bays, window and door surrounds and basecourse shall be finished in natural stone.

Reason: In the interests of visual amenity by ensuring the materials are acceptable for the site and the surrounding area.

4. That BEFORE the development hereby permitted starts, full details of existing and proposed ground levels 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: In the interests of visual amenity by ensuring the levels are acceptable for the site and the surrounding area.

5. That the existing boundary wall and hedge on Station Road, wall on Potassels Road and part section of wall on Lilybank Avenue, all highlighted in yellow on approved drawing reference DM1229 020 Revision I, shall be retained and thereafter maintained. For the avoidance of doubt, BEFORE the development hereby permitted starts, details of the openings in the walls and hedges required for pedestrian access shall be submitted to, and for the approval of the Planning Authority.

Reason: To ensure the retention of traditional boundary features in the interests of the visual amenity of the site and the surrounding area.

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

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

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

7. That, notwithstanding the generalities of Condition 6 above, all trees and hedges within the boundary of No.28 Station Road shall be retained, and shall thereafter be maintained.

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

16 . ..

8. That all works included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the landscaping is acceptable for the site and the surrounding area.

9. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed visitor parking and communal manoeuvring areas; (b) the proposed external lighting for the development; (c) the proposed communal landscaped area.

Reason: In the interests of amenity by ensuring that an appropriate management and maintenance system is in place.

10. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 9 shall be in operation.

Reason: In the interests of amenity by ensuring that landscape maintenance procedures are appropriate for the site.

11. 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 and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt, the use of standard screen fencing will not be acceptable for the elevations onto to the visitor parking and manoeuvring area.

Reason: In the interests of visual amenity by ensuring the fence and wall details are appropriate for the site.

12. That the access connection to Lilybank Avenue shall be by a 5.5m dropped kerb vehicle access.

Reason: In the interests of traffic safety.

13. That no houses at Block 2 shall be occupied until a pedestrian guardrail is provided along the entire Station Road frontage of Block 2, and 4 metres either side.

Reason: In the interests of traffic safety.

14. That BEFORE the development hereby permitted starts, amended surface water drainage details shall be submitted to, and approved by the Planning Authority. For the avoidance of doubt, the amended details shall ensure that no ponding occurs on the access road. The SUDS compliant surface water drainage scheme 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: In the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

17 15. That BEFORE the development hereby permitted starts, written evidence shall be submitted confirming that Scottish Water has given technical approval for the drainage system and that they will adopt and maintain it.

Reason: In the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

16. That BEFORE the development hereby permitted is completed, the extensions to the rear of No.28 Station Road shall be removed in line with approved plan DM/229 020 Revision I. Thereafter, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the existing dwellinghouse, unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of visual amenity for the site and the surrounding area by ensuring the plot is not overdeveloped.

Background Papers:

Application form and plans received 22nd February 2008

Letter from Scottish Water received 10th March 2008 Letter from Geotechnical Team Leader received 15th September & 19 November 2008

Memos from Traffic & Transportation (Northern Area) received 10th March & 12th September 2008 2008

Letter from Chryston Community Council, C/o Miss R Anderson, Hon. Secretary, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 22nd July 2008. Letter from Mr - Mrs Robert Innes, 7 Potassels Road, Muirhead, Glasgow, G69 9EL received 22nd July 2008. Letter from Mr & Mrs John McAlister, 35 Station Road, Muirhead, Glasgow, G69 9EH received 15th July 2008. Letter from Mr & Mrs L Boyle, 3 Lilybank Avenue, Muirhead, Glasgow, G69 9EW received 15th July 2008. Letter from Mr Owen Boyle, 5 Lilybank Avenue, Muirhead, Glasgow, G69 9EW received 15th July 2008. Letter from TPS Planning Ltd, CBC House, 24 Canning Street, Edinburgh, EH3 8EG received 2nd October 2008. Letter from Mr Ralph W Anderson, 'The Old Manse', 4 Potassels Road, Muirhead, Glasgow, G69 9EL received 10th July 2008. Letter from Mrs Asia Boyce, 18 Lilybank Avenue, Muirhead, Glasgow, G69 9EW received 23rd April 2008. Letter from Mr Rankin, TPS Planning Ltd, CBC House, 24 Canning Street, Edinburgh, EH3 8EG received 20th March 2008. Letter from Owner / Occupier, 12 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW, received 14th April 2008. Letter from Owner / Occupier, 16 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Joe & Marjory Brooks, 42 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Margaret Dras, 19 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from John Dickson, 22 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Robert & Annemarie Kenna, 4 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire , G69 9EW received 14th April 2008.

18 Letter from William & Jean Jordan, 10 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 16th April 2008. Letter from Alan & Linda Kerr, 27 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Gordon & Josephine Sergeant, 24 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr & Mrs Donald, 21 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr R Lavery, 9 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr & Mrs Leonard, 25 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Ms A Stokes, 44 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr D Lynch, 44 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr W McRobbie, 34 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Ms A Seagle, 34 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr R. McFarlene, 20 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 SEW received 14th April 2008. Letter from Mr J Lavery, 9 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mrs E Moffat, 1 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from L Boyle, 3 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008, Letter from B Boyle, 3 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from 0. Boyle, 5 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from D Moffat, 1 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Owner / Occupier, 15 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Robert & Jane Rolls, 23 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Karen Jones, 46 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Frances Blank, 46 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from T & M Stephen, 8 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mrs Mary Baird, 2 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr & Mrs Forrest, 7 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr Forrest, 7 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from P Hannon, 26 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from N. Corcoron, 28 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from M. Telfer, 30 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008.

19 Letter from D. Telfer, 30 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from S.Whyte, 32 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from K. Frew, 32 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Owner / Occupier, 1 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Peter & Maureen Conway, 11 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Fiona & Rhiannon Conway, 11 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Brian McVey, 10 Neuk Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EX received 14th April 2008. Letter from Jennifer Knighton, 15 Barcaldine Avenue, Chryston, Glasgow, North Lanarkshire, G69 9NT received 14th April 2008. Letter from Michael Keane, 47 Callander Road, Carrickstone, Cumbernauld, Glasgow, North Lanarkshire, G68 OBT received 14th April 2008. Letter from lrene Lyons, 11 Lilybank Avenue, Muirhead, Glasgow, North Lanarkshire, G69 9EW received 14th April 2008. Letter from Mr & Mrs D Moffat, 1 Lilybank Avenue, Muirhead, Glasgow, G69 9EW received 16th July 2008. Letter from Mr Derek Fitzpatrick, 12 Lilybank Avenue, Muirhead, Glasgow, G69 9EW received 6th May 2008. Letter from Mr & Mrs J McAlister, 35 Station Road, Muirhead, Glasgow, G69 9EH received 28th February 2008. Letter from Mr Anderson, 'The Old Manse', 4 Potassels Road, Muirhead, By Glasgow, G69 9EL received 4th March 2008. Letter from Mr & Mrs Robert Innes, 7 Potassels Road, Muirhead, Glasgow, G69 9EL received 4th March 2008. Letter from Margaret McCarthy, 2 Potassels Road, Muirhead, Glasgow, G69 9EL received 7th March 2008. Letter from Mr Moffat, 1 Lilybank Avenue, Muirhead, G69 received 7th March 2008. Letter from Mrs Mary Baird, 2 Lilybank Avenue, Muirhead, G69 9EW received 7th March 2008. Letter from Mr & Mrs L Boyle, 3 Lilybank Avenue, Muirhead, Glasgow, G69 9EW received 7th March 2008. Letter from Mr Owen Boyle, 5 Lilybank Avenue, Muirhead, Glasgow, G69 9EW received 7th March 2008. Letter from Mrs Margaret Elder, 31 Station Road, Muirhead, G69 received 7th March 2008. Letter from Mr Brian Elder, 31 Station Road, Muirhead, Glasgow, G69 9EH received 7th March 2008. Letter from Mr & Mrs Robert Andrew Innes, 7 Potassels Road, Muirhead, Glasgow, G69 9EL received 7th March 2008. Letter from Stephen & Karen McVitie, 39 Station Road, Muirhead, Glasgow, G69 9EH received 7th March 2008. Letter from Chryston Community Council, C/o Miss R Anderson, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 10th March 2008. Letter from Councillor Frances McGlinchey, Ward 5 Strathkelvin, Civic Centre, Windmillhill Street, Motherwell, MLI ITW received 28th August 2008. Letter from Mr & Mrs G McGrath, 33 Station Road, Muirhead, Glasgow, G69 9EH received 1Ith March 2008.

Northern Corridor Local Plan, 2005 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463. DATE: 24'h November 2008

20 APPLICATION NO. N/08/00246/FUL

REPORT

1. Description of Site and ProPosal

1.I This application is for the construction of nine dwellinghouses at Nos. 26 - 28 Station Road, Muirhead. The application site is bounded on three sides by Station Road and Lilybank Avenue which are both adopted roads and Potassels Road, which is privately owned. To the west of the site lie residential properties.

1.2 The site currently houses two substantial detached Victorian sandstone villas that are set within very generously sized, mature gardens. The existing property at No.28 Station Road is to be retained, although part of the plot will be developed. Later extensions to no.28 are to be removed and the property is to be refurbished. No. 26 Station Road and its outbuildings are to be demolished. The immediate locale is a mix of house types and ages; the majority of the south side of Lilybank Avenue and the adjacent house at no.7 Potassels Road appear to be constructed in the 1970s, with the remainder of the houses being from the early 19OOs, although some of the larger properties are more than 100 years old.

1.3 The application proposes nine two storey houses. A terraced block of four properties are proposed facing onto and taking pedestrian access from Potassels Road. Also, a terraced block of three properties are proposed onto and taking pedestrian access from Station Road (parking for both blocks are located to the rear of the properties, being accessed from Lilybank Avenue). Two semi-detached houses are proposed to the west of the vehicular access into the site, with parking within the front gardens.

1.4 initially, the applicant proposed to demolish both properties and redevelop the site by constructing eight houses and seven flats. Concerns regarding the loss of the traditional properties and over development of the site led to the submission of the current scheme.

2. Development Plan

2.1 The proposal raises no strategic issues and can be assessed in terms of the relevant Local Plan Policies.

2.2 The site is covered by Policy HG3: Retention of Residential Amenity of the Northern Corridor Local Plan 2005 which seeks to protect the character and amenity of existing and new housing areas.

2.3 Policy HG4: Assessing Applications for Residential Development is also of relevance and sets out the criteria housing applications will be assessed against.

2.4 The land zoning and policy position is unaltered by the Finalised Draft North Lanarkshire Local Plan (FDNLLP). Policy DSP4 lends support to the retention of stone buildings.

3. Consultations and Representations

3.1 Scottish Water has no objection to the proposed development.

3.2 My Traffic and Transportation Team Leader has recommended the application be refused due to the four terraced houses proposed on privately owned Potassels Road, which has no carriageway and is in a poor state of repair. There is also concern that the residents will park on

21 the road instead of the designated spaces to the rear of the houses. If granting permission, a number of conditions are suggested relating to road and footpath improvements, and visibility requirements.

3.3 My Geotechnical Team Leader has provided comments and observations on the foul and surface water drainage proposals. (The final details are covered by planning conditions.)

3.4 28 letters of representation and a 61 signature petition have been received in connection with the application. Chryston Community Council and Councillor McGlinchey have made representations. There have been numerous requests that a site visit and hearing take place before determining the application. A summary of the objections and my comments thereon are as follows:

e The proposal will result in the loss of a traditional sandstone house with a lot of character and history attached to it. There will also be a loss of mature trees and gardens. The development is out of character with the surrounding area and is detrimental to residential amenity.

Comment: It is agreed that both houses are of character, but there are no Listed Building or other Conservation designations covering them. The loss of trees and gardens is a regrettable consequence of the proposal; however, none of the mature trees are covered by Preservation Orders and could therefore be removed at any time. It is accepted that the new proposal cannot replicate the character of a 100 year old building, however, it is considered, that the density, scale and materials of the proposal will result in a development that will fit in reasonably with the surrounding area, particularly bearing in mind that a lot of the existing properties are small terraced houses.

0 Concern has been expressed that the proposal will result in an increase in traffic, particularly on Lilybank Avenue that suffers greatly already from congestion, on-street parking and access difficulties on to Station Road. It is also considered that Lilybank Avenue is not wide enough. There are also safety concerns for children travelling to and from the nearby school.

Comment: My Traffic and Transportation Team Leader has not raised any specific concerns about traffic congestion, access difficulties or pedestrian safety. The proposed houses have sufficient in-curtilage parking provision and 2 visitor spaces are provided within the site.

The proposal constitutes over development of the site.

Comment: The two existing houses sit in exceptionally large plots, with the plot for No.26 being the largest in the area. The proposed development provides sufficient garden areas and parking provision and when considered in relation to the existing houses on Lilybank Avenue and Potassels Road it is not over development.

0 Flooding and drainage matters are a concern as there are already drainage problems in the area. The loss of the large area of grass from the site will make matters worse, and could lead to flooding problems for neighbours.

Comment: The applicant has submitted a scheme for dealing with both surface water and foul sewerage. The submission of further details is covered by a planning condition to ensure that the site drainage is acceptable before any development starts.

Adjacent neighbours have concerns regarding loss of outlook, privacy implications, over shadowing, access difficulties and closeness of the proposed houses. Concern has also been expressed about noise from construction works.

Comment: It is accepted that a total of 10 households instead of the existing two will have

22 inevitable consequences for those closest to the site. However, it is considered that there will be no direct loss of privacy or overshadowing as all window distances and house orientation, position and height are acceptable. There will be a change in outlook, however, this is not of a scale that would provide a justification for refusing the proposal. Noise disturbance is an inevitable consequence of living next to a construction site, however, as it is of a temporary nature, this would not be a reason to refuse the proposal.

Air pollution from an increase in traffic in an area that has seen traffic levels increase greatly in recent years is a concern. Furthermore, the close proximity of the proposed terraced block on Station Road will suffer from traffic pollution.

Comment: It is not considered that the levels of traffic generated by the proposal will lead to a significant increase in pollution in a busy residential setting. It will be for the potential future residents on Station Road to decide whether or not they want to live in such close proximity to the main road. It should be noted there are some other houses on Station Road that are a similar distance away from the road.

The proposal is contrary to Policy HG4: Assessing Applications for Residential Development and the Residential Design Guidance contained therein. Intrusive frontage parking that affects visibility and reduction of landscaping and boundary treatment are specifically mentioned, as are density, retention of building line, sub-standard garden sizes and energy efficiency in terms of SPP 6 and PAN 84.

Comment: Plot frontage parking is a common feature in modern developments and is considered to be acceptable providing the full front garden is not taken up by parking spaces. The position of the cars and boundary features does impact marginally on the visibility requirements, however retention of the boundary features is considered to be particularly important in this instance. The landscaping and boundary treatments are considered to be acceptable with the retention of the old walls, hedging, and mature trees within No.28. Furthermore, the density is considered to be comparable with the surrounding area (which is a mix of detached, semi-detached and terraced properties). The building line of the area is being respected as there are other properties elsewhere on Station Road that are sited close to it. The garden sizes do not quite meet the design guidance, but are considered to fit in well with the surrounding area.

Other objections received relate to the houses being too small to provide reasonable accommodation/ concern over proliferation of advertisement signage for the houses/de- valuation of properties.

Comment: The house sizes are considered acceptable for an urban area and would be ideal as starter homes or for those with a small family. Advertisement signage is temporary in nature and should not be harmful to amenity. The potential devaluation of surroundings properties is not a material planning consideration.

4. Plannina Assessment and Conclusions

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

4.2 The loss of a traditional sandstone property is regrettable, but as outlined previously the house is not Listed and is not located within a Conservation Area. Any application that involves the loss of a traditional and respected building should ensure that what is replacing it is of a high standard. A condition ensures the proposed materials are of a sufficient standard, and the simple design and scale of the buildings will mean they will tie in with the existing area. The

23 density and layout are considered to be acceptable from a planning viewpoint, and the retention of the boundary features will help the new development settle in.

4.3 With respect to consultation comments it should be noted that the drainage scheme for the site has been negotiated over a considerable period of time and in principle is considered to be acceptable subject to conditions. The Traffic and Transportation comments regarding visibility requirements have been considered but are felt to be very detrimental to the layout for little benefit. Furthermore, the upgrading of Potassels Road by providing a footway and junction improvements has been requested. Again, this is considered unnecessary; particularly as only four of the nine house will be accessed (pedestrian only) from this privately owned road which already serves in the region of 20 houses.

4.4 It is considered that the proposal is acceptable from a planning viewpoint with the layout and house styles reflecting a form of local development and one of the existing traditional properties being retained. In this case, the proposal accords with the principles of residential policies of HG3 and HG4 of the Northern Corridor Local Plan 2005. It is accepted that there are certain elements such as minimally deficient gardens and minor encroachment into visibility splays that do not wholly comply with Local Plan policy and the relevant Design Guidance. However, the important boundary features should not be sacrificed for very little gain in visibility. The slightly deficient rear gardens are considered to be acceptable as they do not back directly onto one another, and the small front gardens are tying in with established local building lines. As such it is recommended planning permission be granted.

4.5 An additional material consideration is the FDNLLP and in particular policy DSP4 which seeks to retain stone buildings. In this case through protracted negotiations with the developer one of the buildings is being retained and this is considered to be an acceptable outcome.

4.6 It should be noted that there have been various requests from local residents that the Planning and Transportation Committee visit the site and hold a hearing prior determining the proposal, to allow the Committee to fully understand the issues. Please note requests have also been received from Councillor McGlinchey and Chryston Community Council (site visit only).

24 Application No: N/08100266/FU L

Date Registered: 27th February 2008

Applicant: Clyde Valley Housing Association 82-84 Brandon Parade Motherwell MLI 1LY

Agent Anderson Bell Christie 382 Great Western Road Glasgow G4 9HT

Development: Construction of 21 Dwellinghouses

Location: Former Stepps Primary School School Road Stepps G33 6HF

Ward: 5 - Strathkelvin: Councillors Hogg, McGlinchey, Shaw and Wallace

Grid Reference: 266157668569

File Reference: N/08/00266/FUL

Site History:

Development Plan: Northern Corridor Local Plan, 2005. Policies CF2 & EDUC 2 Community and Educational Facilities

Contrary to Development Plan: No

Consultations: Scottish Environmental Protection Agency (No Objection) Scottish Water (No Objection) Strathclyde Police (Comments)

Representations: 14 letters of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

25 26 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 0837 AL (0) 002 Rev H, 0837 AL (0) 003,0837 AL (0) 004,0837 AL (0) 005,0837 AL (0) 006 Rev A, 0837 AL (0) 007 Rev A, 0837 AL (0) 008 Rev A and 0837 AL (0) 009.

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

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

Reason: In the interests of visual amenity by ensuring the materials are acceptable for the site and the surrounding area.

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 and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt, 1.8 metre timber fencing is not acceptable for the gardens at plots 14, 15, 16 and 17.

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

5. That BEFORE the development hereby permitted starts, full details of existing and proposed ground levels 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: In the interests of visual amenity by ensuring the levels are acceptable for the site and the surrounding area.

6. That BEFORE the development hereby permitted starts, full details of the bin store layout and design 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: In the interests of visual amenity by ensuring the levels are acceptable for the site and the surrounding area.

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

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Reason: In the interests of amenity by ensuring that the landscaping is appropriate for the site and for the general area.

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

27 Reason: To ensure the landscaping is acceptable for the site and the surrounding area.

9. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed visitor parking and communal manoeuvring areas; (b) the proposed external lighting for the development; (c) the proposed communal landscaped areas.

Reason: In the interests of amenity by ensuring communal area maintenance procedures are appropriate for the site.

10. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 9 shall be in operation.

Reason: In the interests of amenity by ensuring landscape management procedures are appropriate for the site.

11. That no houses shall be occupied until a 2 metre wide footpath is provided directly north of Plot 12, highlighted in yellow on approved plan 0837 AL (0) 002 Rev H.

Reason: To ensure there is a direct pedestrian linkage between School Road and Cardowan Road.

12. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing, amended sewer drainage details shall be submitted to, and approved by the Planning Authority. For the avoidance of doubt, the amended details shall ensure that the sewers are located in the public road, and not within the gardens of Plots 1 to 7. The SUDS compliant surface water drainage scheme 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: In the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

13. That BEFORE the development hereby permitted starts, written evidence shall be submitted confirming that Scottish Water has given technical approval for the drainage system and that they will adopt and maintain it. For the avoidance of doubt, if Scottish Water will not adopt and maintain the drainage system, written clarification of the maintenance proposals shall be submitted to, and approved by the Planning Authority BEFORE work starts.

Reason: In the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

14. That on completion of the remediation works identified by the Supplementary Ground Investigation Report by Raeburn Drilling and Geotechnical Ltd and set out in drawing reference J2024 -04 Revision C submitted by Scott Bennett Associates, a certificate (signed by a Chartered Engineer) shall be submitted to the Planning Authority confirming that the works have been carried out in accordance with the agreed details.

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

28 Background Papers:

Application form and plans received 27th February 2008

Letter from Scottish Environmental Protection Agency received 4th July 2008 Letter from Scottish Water received 1gth M,ay 2008 Letter from Strathclyde Police received 19 March 2008

Memos from Head of Property received 11th & 25'h March 2008 Memos from Traffic and Transportation (Northern Area) received 17thMarch and 6'h October 2008 Memos from Geotechnical Team Leader received 7'h July, 14thand 2!jth November 2008

Letter from Miss Julie Grieve & Mr lan Forsyth, 8 School Road, Stepps, G33 6HF received 1st May 2008. Letter from The Occupier, Flat 1, 1 Lowland Court, Stepps, Glasgow, G33 6SS received 25th March 2008. Letter from Stepps & District Community Council, C/o Rob Stuart, Chair, 57 Whitehill Avenue, Stepps, G33 6BN received 3rd April 2008. Letter from Mr Charles P Shirreffs, 28 Cardowan Road, Stepps, Glasgow, G33 6HL received 5th March 2008. Letter from Mr Alexander Nicoll, 20 Cardowan Road, Stepps, Glasgow, G33 6HL received 6th March 2008. Letter from Mr Ken Maxwell, 190 Cumbernauld Road, Stepps, Glasgow, G33 6HA received 7th March 2008. Letter from Mr F B Logan, 200 Cumbernauld Road, Stepps, G33 6HN received 11th March 2008. Letter from Mr Jan Zok, Ar Tigh, 47 Cardowan Drive, Stepps, G33 6HQ received 17th March 2008. Letter from Mrs Elizabeth Zok, Ar Tigh, 47 Cardowan Drive, Stepps, G33 6HQ received 17th March 2008. Letter from Janet & William Hamilton, 22 Cardowan Road, Stepps, Glasgow, G33 6HL received 14th March 2008. Letter from Mr Martin Muir, Flat 6, 5 Lowland Court, Stepps, Glasgow, G33 6FF received 17th March 2008.

Northern Corridor Local Plan, 2005 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463.

Date: 26'h November 2008

29 AP PLlCAT10 N N0. N/08/00266/F U L

REPORT

1. Description of Site and Proposal

1.I This application is for the construction of 21 residential units, 13 houses and 8 flats at the former Stepps Primary School, School Road, Stepps. The school became surplus to requirements when the newly constructed primary school, library, community centre and pitches at Cumbernauld Road opened, resulting in the old school building being demolished earlier this year.

1.2 The 8 flats are in the form of 2 x 2-storey blocks, each with 2 bedrooms. 12 semi detached properties are proposed, 2 are 2-storey, 3 bedrooms, with the remainder being 1.5-storeywith 2 bedrooms. 1 single storey 2 bedroom bungalow for a wheelchair user is also proposed.

1.3 The site is sandwiched between residential properties at Cardowan Road, Cardowan Drive and School Road. To the north lie properties on Cumbernauld Road and the open space and footpath leading to a footbridge. New flats at Lowlands Court are located to the north east of the site.

1.4 The majority of the surrounding properties are traditional in style with sandstone or render finishes. Most are 1.5-storeys in height with dormer windows on the upper floors. Although a predominately traditional area, modern 3 and 4-storey flats were recently constructed at Lowlands Court.

2. Develooment Plan

2.1 The proposal raises no strategic issues and can be assessed in terms of the relevant Local Plan policies.

2.2 The site is covered by Policy CF2 which states there is a presumption against the loss of community facilities unless the Council is satisfied there is no longer a need for them or that an acceptable alternative facility is available. Policy EDUC2 also covers the site and advocates the use of school facilities by the wider community.

2.3 The site is being promoted in the Finalised Draft Northern Corridor Local Plan as an addition to the established housing land supply (Policy HCF3A).

3. Consultations and Representations

3.1 Summaries of external consultation comments are as follows:

0 Scottish Environment Protection Agency: No Objections 0 Scottish Water: No Objections 0 Strathclyde Police have provided a copy of the Secured By Design Specification Report commissioned by the applicant. No issues were raised other than the suggested removal of the footpath north of the site.

3.2 The Head of Property Services has no objections to the proposal and confirmed the site was sold to Clyde Valley Housing Association on 20th March 2008.

3.3 My Traffic and Transportation Team Leader has no- objections to the proposal, with all

30 comments having been taken account of in the amended site layout plan

3.4 My Geotechnical Team Leader has provided comments and observations on the foul and surface water drainage proposals (with the final details being covered by planning conditions). 3.5 My Pollution Control Team Leader has provided comments on site investigation matters (with the final details being covered by a planning condition).

3.6 14 letters of representation, including one from Stepps & District Community Council, have been received in connection with the proposal. There have been requests that a site visit and hearing take place before determining the application. A summary of the points of objection and my comments are as follows:

0 The proposal involves the demolition of the 100 year old primary school. The proposed development is out of character with the surrounding area in terms of design and proposed materials.

Comment: The school was of some character; however, it was not a Listed Building or covered by any conservation designations. The density and height (1.5 and 2-storeys) of the houses and flats are considered to be in keeping with the surrounding area. The materials and design are modern, and while they do not imitate the immediate locale, they compliment it and tie in with the more recently constructed flats at Lowlands Court.

There is concern that the proposal will result in an increase in traffic on the surrounding roads, particularly School Road via Cardowan Drive, which both suffer from on-street parking problems.

Comment: 13 of the 21 houses will be accessed via School Road and Cardowan Road. My Traffic and Transportation Team Leader has not raised any concerns about the increase in traffic.

0 Residents on Cardowan Road, who have parked within the school site for a number of years, will have nowhere to park. Concerns have also been raised that the vehicular access lane between nos. 4 and 6 School Road (which serves a number of properties on Cumbernauld Road and Cardowan Drive) will be blocked off by on-street parking by the new residents.

Comment: The proposed parking layout for the flats includes 3 visitor parking spaces that can be utilised by the residents on Cardowan Road (all of whom except one have in- curtilage parking provision). Although the Council allowed the residents to park on its land there is no legal obligation to provide dedicated parking provision. The parking layout also proposes access to a garage within the rear garden of no.24 Cardowan Road. There is no reason to assume the lane between nos. 4 and 6 Cardowan Drive will be blocked off by the new residents, particularly as the proposed houses will have 2 in-curtilage parking spaces.

0 The proposed parking for plot 12 will restrict vehicular access to the garage at no. 200 Cumbernauld Road.

Comment: The layout has been amended to ensure vehicular access is maintained.

0 There is insufficient parking for the development, which will lead to on-street parking on the surrounding roads.

Comment: The parking levels are less than the adopted standards to take account of lower levels of car ownership associated with Housing Association properties. My Traffic and Transportation Team Leader has not raised any concerns about the parking levels.

31 0 The proposed development will result in overshadowing, loss of sunlight and overlooking issues for the existing adjacent residents. There is also concern that the development will cause structural damage to neighbouring walls and structures.

Comment: The locations of the proposed buildings in relation to the existing houses are such that there will be no direct overshadowing issues, and minimal impact on sunlight levels in the rear gardens of nos. 28 and 30 Cardowan Road. The distance between the properties means that minimum window to window standards are greatly exceeded. While there may be an impact on perceived amenity, there will be no unacceptable loss of privacy. The potential to cause structural damage is a legal matter, and is not a material planning consideration.

0 The proposal is a departure from the Local Plan as it states the site can accommodate 20 units. Furthermore, as set out in policy HCF6 confirmation is required that 25% of the units are affordable housing.

Comment: The above comments relate to the Finalised Draft of the North Lanarkshire Local Plan which has not yet been adopted. The number of units for housing sites are indicative only, based on a standard formula of 25 units per hectare. As this is a Housing Association development all the properties are considered to be affordable.

0 The construction process will cause noise, traffic generation, on-street parking, dust and mud.

Comment: The above are inevitable consequences of living next to a construction site but as temporary issues, this would not be a reason to refuse the proposal.

Concerns have been expressed about the profile of the future tenants, their potential to be anti-social and de-valuation of neighbouring houses.

Comment; The above are not material planning considerations.

4. Planninn Assessment and Conclusions

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

4.2 The loss of the traditional sandstone school is regrettable, but as outlined previously was not Listed and was not located within a Conservation Area. Any application that involves the loss of a traditional and respected building should ensure that what is replacing it is of a high standard. The design, density and layout of the proposal compliments the existing area and is considered to be acceptable

4.3 With respect to consultation comments it should be noted that the drainage scheme for the site has been negotiated over a considerable period of time and in principle is considered to be acceptable subject to conditions. Comments regarding the removal of the footpath north of the site were considered; however, this path is extremely well used, particularly by school children, and, as such, is of benefit to the local community.

4.4 It is considered that the proposal is acceptable from a planning viewpoint with the layout and house heights reflecting local development. In this case, the proposal accords with Policy CF2 of the existing local plan which states there is a presumption against the loss of community facilities unless the Council is satisfied there is no longer a need for them or that an acceptable alternative facility is available. As covered in 1.1 above replacement facilities have been

32 constructed and are in operation. Furthermore, the site is set within a residential area, therefore, the proposal is considered to be a suitable replacement land use.

4 .5 A further material consideration in this case is that the site is being promoted in the FDNLLP as a housing development site through the established housing land supply 2006 (Policy HCF3A). No adverse comments were received during the Consultation Draft Local Plan stage, therefore, significant weight can be attached to the allocation.

4.6 In view of 4.4 and 4.5 and all other material considerations it is recommended the planning permission be granted.

4.7 It should be noted that there have been requests from local residents that the Planning and Transportation Committee visit the site and hold a hearing prior to determining the proposal, to allow the Committee to fully understand their concerns (particularly in relation to parking issues).

33 Application No: N/08/01503/FUL

Date Registered: 14th October 2008

Applicant: Amin Hussain 2 Old Quarry Road Westf ield Cum bernauld G68 9NB

Agent Daly Planning & Design 58 Gartmore Road Paisley PAI 3NQ

Development: Change of Use of Industrial Unit to Leisure Facility

Location: 2 Old Quarry Road Westfield Cum bernauld G68 9NB

Ward: 2-Cumbernauld North.Councillors: Chadha,McCulloch,Murray,O’Brien

Grid Reference: 271575672295

File Reference: N/08/01503/FUL

Site History: 0 N/04/00791/FUL Change of Use to Form Indoor Soft Play Centre and Separate Children’s Nursery. Granted 07.07.2004

Development Plan: Cumbernauld Local Plan 1993. Industrial Policies 1B1 and 1B2 apply. Contrary to Development Plan: No

Consultations:

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 29th October 2008

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number:- 002,

34 35 3. That unless as may otherwise be agreed in writing by the Planning Authority, no more than 30 customers shall occupy the premises at any one time.

Reason: To define the scope of the planning permission and to ensure that the Planning Authority retains effective control over the volume of customers and the activity associated with Laser Quest in the interests of the surrounding industrial location.

4. That the premises shall be used as detailed on the approved plans as a Laser Quest facility and for no other purposes, including any other purpose in Class 11 (Assembly & Leisure) of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To ensure that the Planning Authority retains control over future changes of use in the interests of the established industrial area.

Background Papers:

Application form and plans received 14th October 2008

Cumbernauld Local Plan 1993

Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 6 16464.

Date: 25 November 2008

36 APPLICATION NO. N/08/01503/FUL

REPORT

1. DescriDtion of Site and ProDosal

1.I The applicant seeks consent to change the use of an industrial unit at 2 Old Quarry Road, located on the edge of Cumbernauld’s Westfield Industrial Estate, to a leisure use.

1.2 The leisure use proposed is ‘Laser Quest.’ Laser Quest is a franchise that involves laser game entertainment comprising of competitive teams. Due to the nature of the activity and the fact that it involves an obstacle course with climbing frames, there is a limit of 25 to 30 individuals who can take part in the activity at any one time. 4/5 staff are required for Laser Quest to operate. A small internal snack bar area also forms part of the proposals.

1.3 The applicant secured planning consent on 7 July 2004 for the change of use to children’s nursery although this has never been implemented. The application unit is attached to a much larger unit that operates as a children’s soft play centre. This was approved under the same application as the children’s nursery.

2. Development Plan

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

2.2 The site is covered by Industrial Policies IBI and IB2 of the Cumbernauld Local Plan 1993. The thrust of these policies is to protect Westfield Industrial Estate (regarded as a strategically important industrial and business location) from uses incompatible with industrial and business uses. There is a particular presumption against retail development.

2.3 The zoning and policy position is unaltered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and ReDresentations

3.1 There were no external consultations required with regard to this application.

3.2 My Traffic and Transportation Section and Protective Services Section were consulted as part of the consideration of this application. Neither Section has objections or comments to offer with regard to this application.

4. Plannina Assessment and Conclusions

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

4.2 The development raises no strategic issues and therefore the application has to be considered against the relevant industrial policies as covered in 2.2 above.

4.3 A leisure use such as Laser Quest is contrary to the relevant industrial policies. Notwithstanding this, in this particular case, it is considered that there is a compelling justification for departing from these policies.

37 4.4 The applicant applied to change the use of the industrial unit to a children’s soft play centre and nursery in 2004. This was granted under the reference N/04/00791/FUL. At the time, it was considered that the children’s nursery would be a useful addition to the support facilities available within the industrial estate. It was conceded that in an ideal world, the soft play centre would be located closer to the centre of the town in order that it was accessible by a range of travel options. However, the size of the equipment and the resulting space requirements means that the industrial scale building was ideal for that type of use. The soft play centre permission has been implemented and is now an established use. The nursery has never been implemented. The applicant considers that Laser Quest will be a more successful venture if approved.

4.5 A leisure use such as Laser Quest would ideally be located in the town centre so that it is accessible by a range of travel options and where other leisure facilities can be found. Notwithstanding this, there are daily bus services to this part of town (including weekends and evenings) and it has to be accepted that the majority of customers will be arriving by car. The applicant also owns the soft play centre and so advises that operating both uses form the same site would be more practical.

4.6 A leisure use for the majority of unit was considered acceptable when the previous application was granted. Laser Quest activity as outlined in point 1.2 is considered to be less intense than the activity associated with a nursery. According to the previous application information, the nursery could have accommodated up to 110 children. This would have operated on a random drop off pick up basis whereas Laser Quest will have a maximum of 30 customers utilising the unit at any one time and on an hourly basis with customers arriving as others are leaving.

4.7 It is anticipated that Laser Quest would be busiest at the weekend and would be mainly utilised by teenagers. It is anticipated that families may utilise Laser Quest concurrently with the adjacent soft play centre with the younger members utilising the latter facility.

4.8 The main part of the building is operating as a soft play centre which generates a degree of noise and activities. As such, the attached current application premises may not be looked upon favourably by prospective businesses seeking an industrial location.

4.9 Should a similar application have been received for any other established industrial unit within Westfield, it is unlikely that it would be looked upon positively as the thrust of the industrial policies are to protect units for suitable industrial and business uses, however given that there is an established leisure use within the application site and an approved nursery use that has not been implemented, this application has been viewed differently.

4.10 The plans illustrate 20 designated parking spaces for the sole use of Laser Quest. In the instance that additional spaces are required, the soft play area has 96 parking spaces so overspill into this parking area is possible.

4.1 1 It is considered that the proposed internal small snack bar will be utilised only by customers at Laser Quest. It is anticipated that customers could have a drinkknack whilst waiting to go into their game or when they finish. It may also be utilised by parents waiting to pick up their children. I do not foresee the selling of snacks being problematic as the designated area only occupies a small part of the building.

4.12 No objections have been received as a result of this application.

4.13 Having considered the merits of this case, it is considered that there is a planning history and adjacent leisure use justification to support a departure from the relevant industrial policies. On balance, it is recommended that planning consent is granted subject to conditions.

38 Application No: N/08/01526/FUL

Date Registered: 28th October 2008

Applicant: Michael & Jan Zycinski 2 Comrie Road Millerston Stepps G33 6LF

Development: Erection of Dormer Roof Extension (In Retrospect)

Location: 2 Comrie Road Millerston Stepps G33 6LF

Ward: 5 Strathkelvin. Councillors Hogg, McGlinchey, Shaw and Wallace

Grid Reference: 265148668078

File Reference: N/08/01526/FUL

Site History: No site history.

Development Plan: Northern Corridor Local Plan, 2005. Policy HG3 (Retention of Residential Amenity) applies.

Contrary to Development Plan: No

Consultations: None

Repres8 n ta t io ns : I letter of representation received. - Newspaper Advertisement: Not Required

Recommendation: Approve

39 xiwim.?.xzm &rr*(, Michael& Jan Zycinsta 2 Comrie Road Milisrston Stspps 1.1,250 i;p ==-* Bection of Dormer Roof Extension (In Retrospect) * Reprawntation

40 Background Papers:

Application form and plans received 28th October 2008

Letter from Owner/Occupier, 14 Lednock Road, Stepps, Glasgow, G33 6LU received 12th November 2008.

Northern Corridor Local Plan. 2005

Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 616464.

Date: 25th November 2008

41 APPLICATION NO. N1081015261FUL

REPORT

1. Description of Site and Proposal

1.I The application is in retrospect for a rear dormer window at the 1.5 storey semi-detached dwelling at 2 Comrie Road, Stepps.

1.2 The dormer is large being 5 metres in width and with the base almost reaching to wall head and the ridge of the pitched roof almost reaching to the ridge height of the main roof. It is finished in timber boarding with roof tiles to match those on the existing roof.

2. Development Plan

2.1 The proposal raises no strategic issues and can therefore be assessed against local plan policies.

2.2 In the Northern Corridor Local Plan 2005, the site lies within a defined residential area where policies HG3 (Retention of Residential Amenity) and HG5, Appendix 1 (House Extensions) applies.

2.3 The zoning and policy position is unaltered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and Representations

3.1 There were no consultations required as a result of this application.

3.2 One letter of representation has been received with the points of objection summarised as follows:

I object to the attic conversion. The conversion began at the start of 2008 and I assumed that proper consents in planning and building control had been given.

Comment: The applicant has advised that they were poorly informed by their architect who assured them that only a building warrant was required. Once the Planning Service was made aware that the dormer had been installed, the normal complaint procedures were followed and occupants were invited to submit a planning application to regularise the situation.

0 I should have been given notification of the attic conversion. If I had been notified at the time of the concept I would not have objected but I would have asked if the dormer could have been positioned to the front of the dwelling or alternatively, if a velux window could have been installed. A dormer on the front elevation or a velux to the rear would have offered me more privacy. The dormer looks directly into our garden which had previously been secluded.

Comment: It is unfortunate that the normal planning process was not followed for the installation of the dormer, however the necessary steps have been taken to regularise the situation. Notwithstanding the retrospective nature of the application the rear dormer is not considered significantly detrimental to the amenity of the area. The suggested installation of a dormer at the front of the property is not, however, under consideration through this application. With respect to privacy there is dense natural vegetation along the western boundary of the objector’s property, however this becomes sparser behind the rear of the application property. There is a 1.5 metre high

42 wall dividing the properties. The applicant’s home sits at a higher level than the rear garden of the objector’s property. Given these circumstances, the applicant can already see into the objector’s rear garden from the ground floor windows. Although the dormer has created the ability to overlook more of the objector’s garden this is from a distance of 16 metres. (The applicant has approximately 16 metres of rear garden ground). The dormer has not impacted upon neighbouring windows. It is considered that the impact the dormer has created is not significantly detrimental to the amenity of the objector’s property or to any other neighbouring property.

0 The applicant has taken this action deliberately to avoid any possible objection in the almost certain knowledge that planning will give retrospective consent.

Comment: Whether the actions of the applicant were deliberate or not is not a consideration of this application. The applicant installed the dormer at his own risk and left himself opened to the possibility of enforcement action by the Council. The granting of retrospective consent is never guaranteed and this case is no different.

4. Planning Assessment and Conclusions

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

4.2 The dormer has created the ability for the occupiers of No. 2 Comrie Road to overlook more of the objector’s rear garden than before it was installed. However this ability is from a distance. The western boundary of the objector’s property measures at least 16 metres from the dormer. The rear windows of the objector’s property measure at least 30 metres from the dormer and are located at an angle. On balance, I consider that the impact does not significantly impact on the objector’s privacy. This would have been my view had a planning application been submitted prior to the dormers installation.

4.3 The dormer is large but does not completely dominate the roof, is positioned below the ridge line and is set back from the wall head. It is located to the rear of the property and is barely visible from the public road. The materials compliment those of the dwelling. From a planning perspective, the dormer reasonably complies with relevant design guidance contained within Appendix 1 of the Northern Corridor Local Plan 2005.

4.4 There is space for 3 cars in the existing driveway which is adequate for a 3 bedroom property

4.5 Although the dormer is large, it is considered acceptable on the rear elevation, it is not considered to significantly and detrimentally impact on residential amenity and the design and scale complies with guidance found in appendix 1. As such, the proposal complies with policies HG3 and HG5 of the Northern Corridor Local Plan 2005.

4.6 I recommend that retrospective planning consent be granted.

43 Application No:

Date Registered: 29th October 2008

Applicant: Balfour Beatty Utility Solutions 29 - 47 Napier Road Ward park Cumbernauld G68 OEF

Agent Hardie Associates 78 Hopetoun Street Bathgate West Lothian EH48 4PD

Development: Erection of Fence

Location : 29 - 43 Napier Road Ward park Cumbernauld G68 OEF

Ward: 2 - Cumbernauld North: Councillors Chadha, McCulloch, Murray and O’Brien

Grid Reference: 277461 677563

File Reference: N/08/01528/FUL

Site History:

Development Plan: This site is covered by Industry and Business Policy IBI of the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations:

Representations: I letter of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 08/075/bwO 1

44 WIO 15muL m%,-.. Balfour Beatty Utility Solutions 29-43 Napier Road Wardpark Cumbernauld Eaw- Erection of Fence .& Representation

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

3. That, except as otherwise agreed in writing by the Planning Authority, within the area shaded red on the approved plans, equipment and materials shall not be stored to a height exceeding the eves height of the adjacent building.

Reason: To retain a degree of control in the interest of the amenity of the site and the general area.

4. That visibility splays of 2.5 metres by 20 metres, measured from the edge of the shared roadway, shall be provided on both sides of the two access points into the application site. For the avoidance of doubt the fence hereby approved will need to be relocated out with these splays. Everything exceeding 0.6 metres in height above the shared road level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.6 metres in height above the shared road level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of road safety,

Background Papers:

Application form and plans received 2gthOctober 2008

Letter from Morton Fraser Solicitors on behalf of ZEPF Technologies UK LTD, 45-47 Napier Road, Ward Park Industrial Estate, Cumbernauld received 12th November 2008.

Cumbernauld Local Plan 1993

Finalised Draft North Lanarkshire Local Plan

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

Date: 3 December 2008

46 APPLICATION NO. N/08/01528/FUL

REPORT

1. Description of Site and Proposal

1.1 This application is for the erection of a 2.4 metre high metal security fence at 29-43 Napier Road, Cumbernauld within Wardpark Industrial Estate. The fence will extend around the perimeter of the existing front plant yard and staff car park to create a fully enclosed, secure area for the external storage of equipment. Two access points to the premises will be provided along the western extent of the fence via secure gates. An existing wall and the side of the industrial unit make up the other two sides of the application site. A separate business occupies the end unit of the building and therefore the proposed fence will create a boundary between the plant yard of the applicant’s site and the car park of the neighbouring business.

2. DeveloPment Plan

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

2.2 In the Cumbernauld Local Plan 1993, the site lies within an Industrial Area covered by Industry and Business Policy 161.

2.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and Representations

3.1 My Traffic and Transportation Team Leader has indicated that there are no grounds for concern with this proposal subject to a 2.5m x 20m visibility splay being provided at both access points from the storage yard at the application site to the access road. This is due to the potential conflict between vehicles accessing the adjacent business. An appropriate condition has been imposed to ensure that this visibility splay is provided.

3.2 A letter of representation was received from an occupant of an adjacent industrial unit. The points of objection raised are as follows:

0 The view from the newly extended objector’s premises will be adversely affected by the creation of the fence and will undermine the €250,000 spent on extending the premises. The creation of the fence will make the view from the objector’s premises less attractive and less visible to existing and potential customers. The fence would necessitate the objector incurring costs to create additional signage to make the premises visible from the main road to ensure that trade is unaffected.

Comments: The 2.4 metre high palisade fencing will have a minor adverse affect on the amenity of the area and will change the current openness of the yard area. It is recognised that there may be some consequential reduction in the visibility of the objector’s property from the public road although it is currently significantly detached from the public road. Security fencing is, however, to be expected in an industrial estate and the need for the increased security is recognised. It is considered that the problems which the fence may cause to the objector’s business are not so severe. as to warrant a recommendation for refusal.

0 The erection of the proposed fence will increase the volume of vehicle traffic to and from the objectors unit. The creation of the fence will reduce the available space for the

47 manoeuvrability of large trucks and therefore deliveries to and from the objectors premises will need to be made by smaller vehicles. This will increase the number of vehicle movements to and from the objector’s premises, subsequently increasing costs and adversely affecting the environment. The creation of the fence and the use of the adjoining unit as external storage area may restrict the objector’s use of the common access roadway and restrict access for customers.

Comments: Traffic and Transportation have not objected to the proposal but recommend a condition be imposed regarding visibility splays at the entrances to the yard. The fence is to be located on land owned by the applicant and will not directly impact upon the shared access and roadway for businesses within the industrial unit. Therefore it is not deemed to have an affect on the access to neighbouring units. It is accepted that the fence will reduce the space available to large vehicles accessing the end unit, although this is not deemed to be unacceptable considering the proposal is to be located on the applicant’s land. The large vehicles in question would have previously been using the applicant‘s land for access to the end unit and this access is merely being restricted to the communal roadway as a result of the proposal. It is also noted that should the applicant have changed their proposal to a 2 metre high fence then planning permission would not have been required as it is not to be situated next to a public road. Therefore the extra 40 centimetres in height is not deemed to have the potential to have a significant impact on neighbouring properties.

0 The fence will isolate the premises of the objector from the rest of the industrial unit and the main roadway. This isolation and lack of visibility will increase the likelihood of vandalism to the objector’s premises.

Comments: The fence will not completely isolate the neighbouring unit from the rest of the building and the main roadway. Again, the difference in size and potential affect of the proposed fence and that of a 2 metre fence that would not require planning permission is deemed to be minimal. The objecting business is already removed from the main roadway and vandalism does not appear to be a problem. Therefore this particular objection would appear to be speculative.

4. Planninn Assessment and Conclusions

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

4.2 It is considered that the proposed fence will not be significantly detrimental to the amenity of the local industrial area and its impact on neighbouring properties is deemed to be acceptable. A condition has been imposed regarding visibility splays that will improve road safety within the application site and on the shared roadway. It is accepted that there will be an impact on the neighbouring unit in terms of visual impact and availability of space, although it has to be recognised that the proposal is on the applicant‘s land and will not encroach upon the shared access. It is noted that the proposal is not significantly larger than a fence that would constitute permitted development. The fence will benefit security at the application site.

4.3 Accordingly, the proposed fence is not considered to be contrary to the Cumbernauld Local Plan, in particular Policy I61 (Industrial Areas) which aims to ensure that development is appropriate for its industrial surroundings.

4.5 Having taken account of all relevant matters it is considered that the proposed fence is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for a security fence at 29-43 Napier Road.

48 Application No: N/08/01532/TPO

Date Registered: 30th October 2008

Applicant: Mr John Jenkins 10 Victoria Terrace Dullatur Cumbernauld G68 OAQ

Development: Topping of 9 Trees and Felling of 9 Trees

Location: Land to the Rear Of 10 Victoria Terrace Dullatur Cumbernauld G68 OAQ

Ward: 2 - Cumbernauld North: Councillors Chadha, McCulloch, Murray & O’Brien

Grid Reference: 274559 676992

File Reference: N/08/01532/TPO

Site History: N/96/04247/TPO Felling of Tree - Approved 25/09/96

Development Plan: The site is covered by Policies EN1 (Dullatur Conservation Area) & EN22 (Tree Preservation Orders) of Cumbernauld Local Plan 1993

Contrary to Development Plan: Yes

Consultations: NLC Arboricultural Officer: (Comments)

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 12th November 2008

Recommendation: Refuse for the Following Reasons:-

1) The proposal will lead to the loss of 9 large attractive mature trees and the significant topping of 9 others and as such will adversely affect the amenity of the site and the Conservation area.

2) The proposed felling and topping of the trees is not supported by an arboricultural specialist on health grounds

3) A grant of consent will set a precedent for other applications for the felling of trees covered by Tree Preservation Orders which would undermine the integrity of the Tree Preservation Order which would subsequently have an adverse impact on the Conservation Area.

49 puO8#1532flPO msmx-ua &%&+ Mr J Jenlans ..-.."y.--P-? kzgx bnd To The Rear ofl0 Vtdoria Terraca Oullatur D'AGaz&swm Cumbernauld Topping of9 Trees and Felling of9 Trees

50 Background Papers:

Application form and plans received 30th October 2008

Cumbernauld Local Plan 1993

Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date: 27thNovember 2008

51 APPLICATION NO. N108101532lTP0

REPORT

1. Description of Site and Proposal

1.I This application seeks permission for the felling of 9 trees and lopping of 9 trees on land to the south of 10 Victoria Terrace, Dullatur. The site is covered by a Tree Preservation Order and is within the Dullatur Conservation Area. The applicant has indicated that the reason for the proposed works is that n/ reception has been deteriorating and that Sky engineers have advised that it is being adversely affected by trees to the rear. The trees are also affecting the light to the rear of the house.

1.2 The trees are part of a mature wooded area between a footpath, which follows the route of the old Dullatur Road and the rear gardens of Victoria Terrace.

2. Development Plan

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

2.2 In the Cumbernauld Local Plan 1993 the site is covered by Policies EN1 (Dullatur Conservation Area) & EN22 (Tree Preservation Orders) of Cumbernauld Local Plan 1993

2.3 The zoning and policy position is unaltered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and Representations

3.1 No external consultations were required. My Arboricultural Officer was consulted and would not support the felling of the trees. He advises that the trees are in a healthy condition.

3.2 No letters of representation have been received.

4. Planning Assessment and Conclusions

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

4.2 The proposal is considered to be contrary to the Cumbernauld Local Plan, in that the felling the trees would have an adverse aesthetic impact on the residential amenity of the Conservation area (Policy ENI). The Cumbernauld Local Plan states that: “individual trees, groups of trees and areas of woodland are important features contributing to landscape quality and amenity.”’ Policy EN22 states that Tree Preservation Orders are designed to: “prevent the loss or destruction of individual trees, groups of trees or areas of woodland which form a notable feature of the landscape or townscape.” The unnecessary loss of mature trees and topping of others is contrary to this policy. 4.3 It is considered that an alternative arrangement could be made to improve the television reception at this property that did not adversely affect the established woodland. It would be less harmful to the amenity of the area for the applicant to relocate his satellite dish or to investigate alternative methods of boosting the signal. 4.4 My Arboricultural officer’s assessment of the application was that the trees were healthy and the reason given, to receive satellite TV signal, was not sufficient justification for the proposed felling and topping. My Grounds Maintenance Manager has advised that his department have not been approached for their consent as landowners and that he would accept the arboricultural officer’s recommendations.

52 4.5 In conclusion, there appears to be no compelling reason to justify removal of these trees. The felling of 9 mature trees and the topping by a third of 9 others will have a significantly adverse effect on the wooded nature of the local area. I therefore recommend that the felling and topping of the trees be refused Tree Preservation Order consent.

53 Application No: N/08/01553/FUL

Date Registered: 4th November 2008

Applicant: Mr Gordon Letham 30 Kingsway Kilsyth G65 9UJ

Development: Formation of Driveway

Location: 30 Kingsway Kilsyth G65 9UJ

Ward: 001 Kilsyth: Councillors Griffin, Key and Jones

Grid Reference: 271607678373

File Reference: N/08/01553/FUL

Site History:

Development Plan: In the Kilsyth Local Plan 1999, the site lies within an Established Residential Area and is covered by Housing Policies HG3-5.

Contrary to Development Plan: No

Consultations:

Representations: I letter of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. Notwithstanding what is shown on the approved plans, the first 3 metres of the driveway shall be no more than 3 metres in width.

Reason: In the interests of road safety and the general amenity of the area.

3. That before the development hereby permitted is brought into use at least the first two metres of driveway shall be fully paved across its entire width.

Reason: To prevent deleterious materials being carried onto the road.

54 * Representation

55 4. That before the development hereby permitted is brought into use, a 3 metre wide dropped kerb vehicular access shall be constructed, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In accordance with the specifications of the Roads Authority.

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

Reason: To satisfy the visibility requirements of the roads authority and to ensure that fencing is satisfactory for the site and for the general area.

6. That except as may otherwise be agreed in writing by the Planning Authority, before the driveway is brought into use the fences, walls and gates approved under the terms of Condition 5 above shall be erected in accordance with the approved detail.

Reason: To satisfy the requirements of the Planning Authority.

7. That, any proposed gate at the entrance of the driveway hereby permitted must open into the site.

Reason: In the interests of pedestrian safety.

8. That, before work starts on site full details of the extent of any earth works involved in the creation of the driveway shall be submitted to an approved in writing by the Planning Authority. Thereafter the driveway shall be formed in accordance with these details.

Reason: In the interests of amenity and to ensure that these details are fully considered.

9. That before work starts on site full details of drainage measures to be installed at the edge of the footway and across the width of the drive shall be submitted for the written approval of the Planning Authority. The driveway shall be completed in accordance with the approved drainage details.

Reason: To ensure that no water runs onto the footwaylcarriageway.

10. That before the driveway is brought into use, details of the measures to be undertaken to improve, and thereafter maintain, visibility on either side of the driveway shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of road safety.

Background Papers:

Application form and plans received 4th November 2008.

Letter from T Kirkaldy, 26 Kingsway, Kilsyth, G65 9UJ received 18th November 2008.

Kilsyth Local Plan 1999 and Finalised Draft North Lanarkshire Local Plan

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

Date: 3 December 2008

56 APPLICATION NO. N/08/01553/FUL

REPORT

1. Description of Site and Proposal

1.1 This application is for the formation of a driveway and associated fencing at 30 Kingsway, Kilsyth. The driveway will provide off-street parking for two cars and will be bounded by fencing ranging from 0.4 to 2 metres in height. The driveway will measure approximately 86.5 square metres in area. The garden area currently is approximately 1 metre above road level and such there will be some earth works associated with the creation of the driveway and parking area. The driveway will be constructed using block paving. At the northern side of the house an existing hedge and 5 metre section of wall are to be removed and replaced by a 0.4 metre fence.

1.2 The application property is a first floor flat within a four in a block building situated within an established residential area. The property is located at the top of a steep hill close to the entrance to Balmalloch Primary School. The rear and side gardens are enclosed by trees and shrubs.

2. Development Plan

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

2.2 In the Kilsyth Local Plan 1999, the site lies within an Established Residential Area covered by housing policies HG3-5 and is within a defined residential area. The proposal is in keeping with relevant housing policies HG2 (Residential Amenity) and HG3 (Residential Development) which aim to ensure that development is appropriate for its surroundings and maintains or enhances residential amenity.

2.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and ReDresentations

3.1 My Traffic and Transportation section has indicated that there are grounds for concern with this proposal. The main concern is in relation to visibility and it is recommended that a driveway access on this road should have a visibility splay of 2.5 metres x 60 metres. It is recommended that planning permission should only be granted if a condition is imposed requiring the visibility splay to be formed. This is problematic as the applicant does not have control over the land to form this visibility splay (it encroaches on neighbours property) and would require the removal of an established hedge and stone wall and possibly related earth works. It is not my intention to attach a condition covering this matter (see para 4.4 below). However other matters raised have been addressed by the imposition of planning conditions (dropped kerb access be provided, the full length across the entire width of the access is fully paved and adequate drainage is incorporated into the design of the proposal).

3.2 A letter of representation was received from an occupant of an adjacent property. The points of objection raised are as follows:

There is a lack of detail on the plan submitted with the planning application and no front or back elevations have been provided.

Comments: The applicant has submitted plans of greater detail subsequent to the letter of

57 objection. The proposed dimensions and materials of the driveway have been provided. Details of fencing to be erected and any proposed demolitions of existing walls have also been provided. It has not been deemed necessary for elevations to be provided by the applicant considering the nature of the proposal. Therefore the plans and information submitted by the applicant are deemed to be sufficient.

0 It is unknown whether a fence or wall will be constructed around the driveway and what materials will be used in the construction of the driveway.

Comments: The additional plan provided by the applicant provides details of fencing to be erected and any proposed removal of existing boundary treatment. Condition 5 above ensures that any proposed gate at the entrance of the driveway must have the written approval of the Planning Authority before being erected. Any gate is required to open into the site. Details of the materials to be used in the construction of the driveway have been provided by the applicant. Condition 3 above requires the first two metres of driveway to be fully paved across its entire width to prevent deleterious materials being carried onto the road.

0 The objector also verbally raised concerns that were not included in the letter of objection. These included concerns with the visual impact of the driveway, the size of the dropped kerb entrance point to the driveway and the possibility of more than two cars being accommodated by the driveway. It was also indicated that there was concern with the possibility of vehicles associated with the works causing congestion on Kingsway.

Comments: The potential impact of the proposal on the value of the objector’s property is not a planning consideration. My Traffic and Transportation section have indicated that access to the public road is to be by means of a minimum 3 metre wide dropped kerb vehicular access leading to a 3 metre wide driveway. It is possible that more than two cars could be parked within the space provided by the proposed driveway. Provided this is done in a manner that does not encroach upon neighbouring or public space then this is deemed to be acceptable. Traffic and Transportation have not raised any concerns with the possibility of congestion caused by works associated with this development. From a planning perspective it is considered that the possibility of congestion caused by works associated with this proposal is a speculative concern that would only be of a temporary nature should it occur. It is considered that the driveway will have a minimum of impact on the residential amenity of the area.

4. Planning Assessment and Conclusions

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

4.2 The proposed driveway is not considered to be contrary to the Kilsyth Local Plan, in particular policies HG2 (Residential Amenity) and HG3 (Residential Development) which aim to ensure that development is appropriate for its surroundings and maintains or enhances residential amenity. It is considered that the proposed driveway will not be detrimental to the amenity of the local housing area and its impact on neighbouring properties is deemed to be acceptable. It is noted that similar developments have been approved on the same street.

4.3 It is considered that the proposal acceptably relates to the existing dwelling in terms of design, positioning and materials. Sufficient private garden ground would remain and the need for on- street parking will be reduced which may ease congestion on Kingsway.

4.4 The driveway is considered to be acceptable in planning terms and with exception of the visibility splays, the matters raised by my Traffic and Transportation section have been covered by planning conditions. The recommended visibility splays are not considered to be reasonable in this case as they would require established walls and hedges to be removed (and possibly

58 related earthworks to alter existing ground levels) this is considered to be to the detriment of the visual amenity of the area and would secure only minimal improvement to pedestrianlroad safety. A condition has however been imposed requiring the applicant to submit for our approval measures to improve visibility and it is anticipated that this could include the reduction in the height of the hedge along the front of his part of the garden which would improve visibility of both the road and the pavement.

4.5 Having taken account of all relevant matters it is considered that the proposed driveway is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for a driveway at 30 Kingsway, Kilsyth.

59 Application No: C/06/0191I/OUT

Date Registered: 4th December 2006

Applicant: Don Design Ltd 75 Rosebank Terrace Bargeddie

Agent Paul M lnnes 58 Orchard Grove Coatbridge ML5 3PL

Development: Formation of 9 Residential Plots (In Outline)

Location: Land East Of St Kevin's RC Church Mainhill Road Bargeddie North Lanarkshire

Ward: 9 Coatbridge West Cllrs Smith, Maginnis & Welsh

Grid Reference: 269782 663982

File Reference: C/PL/BAM4OO/LM/GL

Site History: C/99/00016/OUT Residential Development (In outline) Granted January 2001

Development Plan: The Glasgow and the Clyde Valley Structure Plan 2000 incorporating the Third Alteration 2006 Adopted Baillieston/Daldowie Local Plan 1983: Policy covering Greenbelt is relevant.

Contrary to Development Plan: Yes

Consultations: Health and Safety Executive (No objection) British Gas (Comments) Transport Scotland (Comments) Scottish Water (Comments)

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 13th December 2006

60 Planning Application C10610191 1lOUT muY,I-Iu* b No.

61 Recommendation: Refuse

1. Refuse for the reason that insufficient information has been provided to allow the full assessment of this application in terms of noise, transportation, access, layout, drainage and flooding.

Background Papers:

Application form and plans received 21st November 2006

Letter from Health and Safety Executive received 20th December 2006 Letter from British Gas received 5th January 2007 Letter from Transport Scotland received 3rd January 2008 Letter from Scottish Water received 15th September 2008

Memo from Transportation Section received 2nd April 2007 Memo from Protective Services Section received 16th January 2007

The Glasgow and the Clyde Valley Structure Plan 2000 incorporating the Third Alteration 2006 Adopted Baillieston/Daldowie Local Plan 1983

Any person wishing to inspect these documents should contact Ms Leigh Menzies at 01236 812372.

Date: 04 December 2008

62 APPLICATION NO. /06/0191 IIOUT

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought for the formation of 9 residential plots in outline on land to the east of St Kevin's Church, Mainhill Road, Bargeddie. The site is the north east portion of an existing area of rough grass that currently wraps around the church. The field is bounded to the south by the M8, to the east by Bredisholm Road with a residential property adjacent and to the north by further residential properties.

1.2 The proposal looks to create 9 plots within the application site. As the application is in outline no detailed proposals have been submitted as these matters would be considered at the reserved matters stage, should this application be successful. Notwithstanding this the applicant has submitted indicative plans regarding the proposed layout which would allow for 9 detached dwellinghouses and indicates that the access would be taken from Mainhill Road.

2. Development Plan

2.1 The site is zoned as Greenbelt in the Baillieston/Daldowie Local Plan 1983. This area of ground was transferred from Glasgow City Council at the last Local Authority reorganisation.There are no strategic issues to address as part of this proposal.

3. Consultations and Rewesentations

3.1 Transport Scotland originally objected to the application requesting that it be refused as they considered that the proposed development is premature until the realignment and associated works of the A8/M8 upgrade are completed. Subsequently the consultation process has now been completed and alterations to the network have been confirmed. Subsequently a very small section of the site is required to be set aside for the upgrade.

3.2 Scottish Gas has indicated that the proposal is in the vicinity of high pressure pipelines and detailed consultation requires to be carried out prior to any works. Should the application be successful the applicant would be informed of this.

3.3 The Health and Safety Executive was consulted due to the site's proximity to the aforementioned high pressure gas pipelines and does not advise, on safety grounds, that the application should be refused.

3.4 Comments from the Traffic & Transportation Section have no objection to the development subject to conditions relating to the positioning of the access, visibility splays and provision of appropriate parking standards within the proposed development.

3.5 Pollution Control have no objection to the application but indicate that prior to development starting, a Site Investigation requires to be carried out in respect of any contamination, identifying mitigation measures as required.

3.6 Scottish Water have indicated that the water and sewerage systems currently have the capacity to service the development but have indicated that some work may be required to maintain service to other users

63 4. Plannina Assessment and Conclusions

4.1 The proposal requires to be assessed under the terms of the development plan and any other material considerations. In particular, the proposal requires to be assessed in terms of the objectives of the Greenbelt where one of the principle aims of the policy is to prevent the coalescence of settlements. Notwithstanding this planning permission was granted in January 2001 in outline in this location for a housing development of 9 units. It was considered at this time that the development would not significantly affect the objectives of the Greenbelt.

4.2 A material consideration is the Finalised Draft North Lanarkshire Local Plan, in which the site is zoned for residential development. Policy DSP4 states that development will only be permitted where good standards of site planning and sustainable development can be achieved. As indicated in the following paragraphs insufficient information has been submitted to enable this assessment to be made and therefore the proposal does not comply with the Finalised Draft North Lanarkshire Local Plan 2008.

4.3 Although the application has been submitted in outline, in order to establish the suitability of the site for development, a number of issues need to be resolved at the outline stage. As highlighted by the Transportation Section's comments in paragraph 3.4 above the applicant was informed that issues surrounding the location of the access required to be addressed, including its positioning and the provision of suitable sightlines. No response in this respect has been received.

4.4 With regard to the issues surrounding the A8/M8 upgrade, Transport Scotland has indicated that other than a small sliver of the site no major take up of the site would be required for the upgrade works and it is considered that this should not affect the overall ability to develop the site. However the new layout of the A8/M8 would now bring this main road network closer to the site and there is a need to assess the noise impact on any proposed development and any mitigation measures that are required.

4.5 In addition to the above due to the fact that the site is currently a field the applicant was also requested to provide information regarding a drainage strategy for the development. This was considered appropriate due to the change of use of the site from a field to housing development, the impact this may have on the surrounding area and is required in line with current national policy on drainage and flooding. Despite numerous requests no information has been provided by the applicant or their agent in this respect.

4.6 Finally in terms of the outstanding information, the drawing of the indicative site layout was not to scale and therefore an indicative assessment of the proposal and general issues relating to amenity could not be carried out. Along with the previous requests for information this has not been supplied.

4.7 The outstanding information referred to above has been requested from the applicant's agent on numerous occasions by formal letter and verbally. However none of the information requested has been provided and it is considered that more than reasonable time has been allowed to enable this supporting information to be provided.

4.8 In conclusion it is considered that the application cannot be determined as the information required to fully assess the proposal and its potential impact on the surrounding area has not been provided. Therefore it is recommended that the application be refused for the reason noted above.

64 Application No: C/08/0153O/FUL

Date Registered: 28th October 2008

Applicant: Mr & Mrs M. Coyle 22 Scarhill Avenue Cairnhill A irdrie North Lanarkshire ML6 SHW

Agent Mr Arthur Ellams 67 Fergus Drive Glasgow G20 6AH

Development: Erection of Front Porch to Accommodate Ground Floor Disabled Use Bathroom

Location: 22 Scarhill Avenue Cairnh ill Airdrie North Lanarkshire ML6 9HW

Ward: 11 Airdrie South Councillors: M. Coyle, Love, Curley and Fagan

Grid Reference: 275991 664307

File Reference: AIS039022000NVSIGL

Site History:

Development Plan: Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Contrary to Development Plan: No

Consultations: None

Representations: One letter of representation received.

Newspaper Advertisement: Not Required

65 66 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: - 1 and 2.

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

3. That the gable window, shaded red on the approved drawing shall be fitted with obscured glass to the satisfaction of the Planning Authority and that any replacement with clear glass shall be subject to the written approval of the Planning Authority.

Reason: To protect the future residential amenity of the area.

Background Papers:

Application form and plans received 28th October 2008

Letter from R.MacKay, 20 Scarhill Avenue, Airdrie, ML6 9HW received 17th November 2008.

Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Mr William Shand at 01236 812231

Date: 3 December 2008

67 APPLICATION NO. C108/01530/FUL

REPORT

1. DescriPtion of Site and ProPosal

1.1 The application is for the construction of a front porch to accommodate a ground floor disabled use bathroom at 22 Scarhill Avenue, Coatbridge. The property is a two storey semi- detached dwellinghouse which faces north east in direction. The area is predominantly residential with the surrounding properties being similar in height, scale, design and use of materials. There is a single storey flat roofed garage in the rear garden which has a 16 metre driveway leading to it. Part of the front garden is also mono-blocked and could be utilised for car parking.

1.2 The porch would be positioned on the eastern edge of the front elevation. It would have a length of 4.5 metres and a width of 3 metres and would have mono-pitched roof. A gap of 3.5 metres would be left between the porch and boundary between 22 Scarhill Avenue and 20 Scarhill Avenue. The door to the porch would be positioned on the side elevation facing north west toward the neighbouring adjoining garden. The porch would be used as a disabled used bathroom with adjoining hallway entrance. A statement has been provided with the application which gives justification for the need for the porch for disability purposes and therefore the porch must be of a particular size. A letter from a General Practitioner accompanies the application which confirms that the applicant has a disability and that this development would be of benefit to them for this reason. -

2. DeveloPment Plan

2.1 The site is located within an area designated as HG9 (Housing Policy for Existing Residential Areas) within the Adopted Monklands District Local Plan 1991. Policy HG9 (c) states that house extensions will generally be permitted so long as they comply with the Development Control Advice given by the Planning Authority.

2.2 The Monklands District Council design guidance house extensions is of relevance here. This states that porches should generally not exceed 1.5 metres in depth from the front wall of the house as larger porches may dominate the house frontage. Semi-detached porches should be designed and positioned to be compatible with other porches in the block. The materials that are used should match as closely as possible with the materials that currently exist on the property. With the exception of small entrance porches extensions should not be built at the front of dwellinghouse, nor should any extension breach an established building line.

2.3 The zoning and policy position is unaltered by the Finalised Draft North Lanarkshire Local Plan 2008.

2.4 The proposed development does not have any strategic importance and therefore would not be assessed against the criteria of the Structure Plan.

3. Consultations and Representations

3.1 No consultations were undertaken for this application.

68 3.2 Following the standard neighbour notification process one letter of objection was received from the adjoining neighbour. The terms of objection can be summarised as follows:

(a) As the entrance to the porch would be positioned facing the objectors’ property it is felt that as pedestrian traffic use the entrance door the privacy of their lounge window would be com promised.

(b) Any entrance lighting over the front entrance would shine into the objectors’ lounge window.

(c) The design of the front porch (in particular a single window within a block structure) would appear odd, not in keeping with the surrounding properties and give an appearance of an unprofessionally designed structure.

4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance the proposals require to be assessed under the terms of the design guidance on house extensions as contained in the Local Plan.

4.2 The proposed development is larger than would be expected for a porch and would generally not accord with the design guidance on house extensions. The porch would exceed a depth of 1.5 metres from the front wall and would therefore breach an established building line. Taking this into account it is argued that there are extenuating circumstances in this instance that would give a basis of an argument for a departure from guidance. Firstly, alterations to the Building Standard Regulations have lead to a greater area being required for manoeuvring in porches and more space being required at entrances to bathrooms. This has lead to many porches being greater in depth than the stated 1.5 metres and has lead to the current design guidance being inherently out of date. Several porches have been granted recently which exceeded the maximum depth of 1.5 metres due to functional requirements. However due to the disabilities of the applicant, greater manoeuvring space would be beneficial for the applicant and this has lead to the need for a porch that exceeds the size normally permitted under the terms of the design guidance. The applicant has stated that it is not possible to extend the property elsewhere in the plot due to the internal space requirements and to avoid the loss of car parking spaces provided by the driveway and garage.

4.3 The other design elements of the porch are considered to be acceptable. Although the door to the front of the dwellinghouse would not be visible from the road it should be noted that there are other porches in the area which also have side facing doors namely 28 Scarhill Avenue and others on Cairnhill Avenue. The porch would still have a frontage through the provision of a large window. The provision of a window on this elevation rather than a door allows the applicant to receive some early morning sunlight during summer months. The mono pitched roof and use of matching materials are all elements of good design on this development. Due to the distance of the porch from the boundary there would be no issues with regards to loss of daylight or overshadowing. The positioning of the extension to the front ensures that no car parking spaces are lost from this development. As no habitable room windows would face towards any neighbouring habitable rooms there would be no privacy issues. Due to the possibility of this porch being altered in the future without the requirement of planning permission it is suggested that a condition is applied to ensure that the proposed window on the south east side of the porch remains obscure glazing unless written permission is given by the Planning Authority. This is due to the proposed window looking toward a habitable window on 24 Scarhill Avenue.

69 4.4 In relation to the grounds of objection, the following comments can be noted:

(a) It is recognised that the proposed entrance door would face toward the neighbouring adjoining property which is not common. It is argued however that there would be no significant privacy issue from this arrangement. The front garden of a dwellinghouse is afforded little privacy due to lack of screening and being visible from neighbouring properties and the road. This is also true of the front window to a dwellinghouse. It is argued that the use of the entrance door would not reduce current privacy levels within the area. Furthermore the distance from the door to the window and the angle between the door/ pathway and the window would be such that it would be very difficult for passing pedestrians to be able to look into the adjoining property’s window. Therefore, it is argued that although the proposed door location is unusual there would be no significant privacy issue from this development.

(b) The applicant has not proposed any entrance lights and therefore this aspect cannot be assessed as part of this application. Also, light nuisance is now controlled under Environmental Legislation which is regulated by Protective Services.

(c) It is accepted that the design of the extension would make the dwellinghouse appear different from those surrounding the site however the design would not adversely affect the visual amenity of the property itself or the surrounding residential area. It is not unusual for porches to have front doors on the side elevations rather than the front and therefore this porch would not be of an odd design. The provision of a window gives the porch a frontage and therefore does not create a blank frontage on front of the dwellinghouse. The design of the extension would therefore be seen as acceptable.

4.5 In conclusion, having regard to the foregoing, although the proposal does not accord fully with design guidance there are circumstances which require the porch to be of larger scale and situated as described above. The development is therefore considered acceptable in terms of scale, design, location and there is no detriment to overshadowing, privacy and parking requirements. The porch would integrate satisfactorily with the existing dwellinghouse and it is therefore recommended that the application be granted planning permission subject to conditions.

70 Application No: C/08/01537/FUL

Date Registered: 29th October 2008

Applicant: Mr W Graham Elite Tool Hire Coatbank Street Coatbridge

Agent Richard Moss 6 Doune Park Way Coatbridge ML5 4EQ

Development: Construction of 525sqm Commercial Tool Hire Unit

Location: Land At Corner Of Miller Street And Coatbank Street Coatbridge

Ward: 10 Coatbridge South Councillors Brooks, Ferrie & Higgins Grid Reference: 273668664456

File Reference: CIPLICBC512/SM/GL

Site History: 98/00509/FUL Mixed commercial development comprising petrol filling station and restaurant with drive through facility. Granted 18.06.1998 98/01700/AMD Mixed Commercial Development (Amendment To Application No. 98/00509/FUL). Granted 15.04.1999 99/0074O/FUL Erection Of Non Food Retail Unit (405sqm) For Use As Video Hire Store. Refused 14.10.1999 01/01690/FUL Erection of 405sqm Non-Food Retail Unit. Refused 22.03.2002

Development Plan: The applications site is located in an area Designated as ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

The Glasgow and Clyde Valley Structure Plan 2000 incorporating Third Alteration 2006

Contrary to Development Plan: No

Consultations:

Representations: One letter of representation received.

Newspaper Advertisement: Not Required

71 Manning Application No. ~~8~~1537ffU~ huhWL4.IW.P.M -1 Y.I.lr*,ou1*r* IUI.rt*t WIIU' LInl4.Y.L Construction of 525sqrn Cornmrciai Tool Hire Unit *BUIUU* brhlY1Ulib

Land At Corner Tx Miller Street And Gaatbank Street Coatbridge Nclbsoda Y"IHc!%*.-U)" .Wr)lO*rlOrrrCU.wWr CMM~~-CI.~&,IS~~=I *.r.nu(rxtYlUqXn NwlrsWMUII NUI One Representabon OUr/uth Map Area

72 Recommendation:

Refuse for the reason that the proposal would constitute an over development of the site as there would be inadequate parking spaces provided to serve the development and there would be inadequate space within the site to allow private and commercial vehicles, some of which may have trailers attached, to enter and exit the site in a forward gear. In addition the vehicular access is not satisfactory and an existing lay-by facility would be removed. Taken together there would be a significant detriment to traffic and pedestrian safety at the locus.

Background Papers:

Application form and plans received 29th October 2008 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Letter from British Gas received 17th November 2008 Memo from Head of Protective Services received 12th November 2008 Memo from Transportation Section received on 1St December 2008

Letter from Gerry McAllister, 71 Meadow Walk, Victoria Park, Coatbridge, North Lanarkshire, ML5 3PP received 20th November 2008.

Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.

Date: 03 December 2008

73 APPLICATION NO. C1081015371FUL

REPORT

1. DescriPtion of Site and Proposal

1.I Planning permission is being sought for the construction of a Commercial Tool Hire unit on vacant land at the junction of Coatbank Street and Miller Street, Coatbridge. The proposed unit would be located towards the east end of a larger site which is occupied by a KFC restaurant and drive through and an Esso filling station. To the east of the site is an extended landscape buffer zone that separates the site and the outlying Victoria Park residential estate.

1.2 The proposed unit measures 30m in length by 12.5m in width and the building footprint would occupy almost 2/3 of the application site area. The unit is 6.45m to wallhead height and has a shallow pitched roof 7.35m to the ridge. There would be two 3m wide vehicle roller shutter doors on the west elevation. The building would have open plan storage on the ground floor and staff offices and kitchen on a mezzanine level.

1.3 The proposed unit would be clad with render at ground floor level with vertical corrugated sheeting above. A double height facing column would highlight the main customer entrance on its south elevation.

2. Development Plan

2.1 The applications site is located in an area Designated as ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996. There are no strategic implications.

3. Consultations and Representations

3.1 The Transportation team was consulted and has advised that the application should be refused for the following reasons:

(i) Junction spacing (ii) Removal of the existing lay-by parking serving the wider site (iii) Shortfall in parking provision, and (iv) Lack of turning facilities within the site 3.2 The Protective Services Team was consulted and has advised that given the history of the site there may be potential contamination of the land. It has also advised that should planning permission be granted a restrictive condition be placed on any consent to restrict the opening hours given the proximity (35m approx) to the nearest dwellinghouse within the Victoria Park residential estate.

3.3 The Scotland Gas Network was consulted and has advised that there is a gas main in close proximity to the site but has not objected to the proposal.

3.2 Following press advertisement and standard neighbour notification procedure one letter of objection was received. The main points of concern can be summarised as follows:

(i) It is contrary to the development plan. (ii) It would exacerbate traffic issues in the area. Residents in Victoria Park already find it difficult to get out of the estate via the main roundabout. There is a proliferation of businesses in this area which already makes it difficult to exit the Victoria Park estate particularly at peak times and when there are sales at Faraday Retail Park and B&Q.

74 (ii) Road Safety issues. Pedestrians cannot cross the new crossings at peak times due to driver frustrations at the congestion - they tend to ignore the crossing lights. Again an increase in traffic would make things worse. Also the tool hire traffic will tend to be larger, slower vehicles - this would not be in the best interests of traffic flow or safety. This area is also a route for school buses serving Victoria Park. (iii) Air Quality. The nearby Whifflet Traffic Lights area is already an issue. Increases of traffic at Coatbank Street (with additional buildings to prevent air flow) must mean similar issues.

4. Planninn Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. This application is not of strategic significance and therefore only requires to be assessed against the Monklands District Local Plan 1991.

4.2 The site is zoned as ECON2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991 which supports the retention of the industrial character of the area, sub division of factory units and the operation of wholesale and distribution outlets. However, there has been a move away from the Industrial character of the surrounding area in recent years. The land to the east of the site having been developed as a residential area and there is a hot food takeaway (KFC) and petrol filling station adjacent to the application site.

4.3 The planning history of this site shows that there have been two applications for Class 1 uses on this site which were both refused at appeal. The sequential test was a major issue in determining these applications. A tool hire business is considered to be a Sui Generis use and does not fall within a Class 1 use. The tool hire use, despite not clearly falling within a class 5 or 6 use supported by ECON2, is considered to be an acceptable use in these locations and is not considered contrary to the provisions of the Monklands District Local Plan 1991.

4.4 A material consideration is the Finalised Draft North Lanarkshire Local Plan, in which the zoning and policy position is unaltered from the Adopted Monklands District Local Plan.

4.5 As the applicant proposes to construct a new building on the site, the design, layout, vehicular access and parking provision are key considerations.

4.6 The design of the building and proposed materials are considered acceptable. There are a number of commercial units in the surrounding area. Wh-ilst the building will be taller that that of the petrol station and KFC restaurant it is considered acceptable in this mixed use area.

4.7 The submitted layout plan indicates that an existing lay-by parking facility which is located along the western boundary of the site would be removed to accommodate the building. In addition the vehicular access to the site would be from an existing service access and that the parking area would provide 5 parking spaces. As noted above the NLC Transportation Team have recommended refusal the reasons for which are discussed below:

(i) The proposed vehicular access to the site is in close proximity to the entrance to the KFC restaurant, entrance to the Esso Petrol Station and junction at Miller Street and it is considered that the position of the proposed vehicular access fails to meet the required junction spacing. The location of the proposed access could led to a number of conflicting manoeuvres being carried out within a short length of the service road to the detriment of road safety.

75 (ii) The existing lay-by along the southern boundary of the site, which provides 3 parking spaces and serves the wider development, is to be removed. This is not considered acceptable as it removes some of the existing parking provision utilised by the existing commercial uses at the site.

(iii) The parking provision of 5 spaces is considered inadequate for a building of this size and for the number of staff likely to be employed. Moreover, the potential visitors are likely to include private and builders merchants who may use larger vehicles and trailers. The Transportation Section has advised that a minimum of 6 parking spaces be provided for this development and therefore proposed provision of 5 is only a single space of a shortfall. However, the removal of the existing lay-by parking (3 spaces) as discussed above must also be taken into consideration when considering the parking shortfall.

(iv) The parking area is not of sufficient size to allow vehicles, particularly good vehicles, using the site to enter and exit in a forward gear. This could lead to the vehicles reversing in close proximity to the junctions mentioned above which would be to the detriment of road safety at the locus.

4.8 Taken together it is considered that these shortfalls wauld constitute an over-development of the site as the required levels of parking and turning facilities cannot be accommodated within the site. This in turn may lead to off site parking by visitors, with residual impacts on existing parking facilities at the KFC restaurant or petrol station.

4.9 The points of objection noted above can be addressed as follows:

(i) Please see para 4.3 above (ii)& (iii) It is acknowledged that any new development will increase the level of traffic utilising the site, however, it is not considered that traffic levels generated by this particular development would have a significant impact on the out-lying road network that may otherwise (without significant mitigation measures being in place) merit the refusal of this application. However as noted above it is considered the proposed development may reduce traffic safety at the immediate locus but not over the wider network. (iv) The Protective Services Team has advised that the development is very close to the northern boundary of the Whifflet Air Quality Management Area and any increase in traffic may give rise to impaired air quality. However the potential traffic increase from this proposed development is not deemed significant in this instance.

4.10 Taking into account the foregoing, whilst the principle of the tool hire development is considered to accord with the provisions of the Monklands District Local Plan 1991 the applicant has failed to demonstrate that adequate vehicular access and parking provision can be accommodated within the site. As such the proposals are considered to constitute an over-development of the site and would be to the detriment of road safety at the locus. It is therefore recommended that planning permission be refused.

76 Application No: S/07/00781/FUL

Date Registered: 4th May 2007

Applicant: Dundas Estates Carriden Sawmills Bonn ess West Lothian EH51 9SQ

Agent Gilberts Douglas Thomson 39 Grassmarket Edinburgh EH1 2HS

Development: The Erection of 79 No Dwellinghouses and 60 No Flatted Dwellings

Location: Scottish Power Leven Street Mothetwell Lanarkshire MLI 2QR

Ward: 18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

Grid Reference: 275172656043

File Reference: S/P UB F/12/8/KDI/G F

Site History: No relevant planning history

Development Plan: The site is covered by Policies CS 5 (Established Utilities) in the Southern Area Local Plan (2098)

Contrary to Development Plan: Yes

Consultations: West Of Scotland Archaeology Service No objection Scottish Environment Protection Agency No objection Scottish Water No objection British Gas No objection Scottish Power No objection Strathclyde Police (Wishaw) No objection British Telecom No objection

Representations: 3 letters of representation received

Newspaper Advertisement: Advertised on 17th May 2007

77 78 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 1109-90-001 F, 1109-03-01, 1109- 03-02, 1109-03-03, 1109-03-04, 1109-03-05, 1109-03-06, 1 109-03-07, 1109-03-08, 1109-OI-OI, 1109-01-02, 1109-01-03, 1109-01-04 and 1109-01-05.

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

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

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

4. That no dwelling hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

5. That before the last of the dwellings hereby permitted is occupied, all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.

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

6. That before each of the dwellinghouses and flats hereby permitted is occupied, all of the associated parking and turning areas shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning. Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be retained as such to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate parking facilities.

7. That before the development hereby permitted is occupied, the means of vehicular and pedestrian access to the site from Leven Street shall be constructed in accordance with the approved plans.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. a. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

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

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

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

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

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

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a scheme for tree planting along the site frontage and between the blocks of flats; (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 schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the last house/flat is occupied.

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

12. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of any communal areas, including landscaping and play areas.

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

13. That all works included in the scheme of landscaping and planting, approved under the terms of condition 11 above, shall be completed in accordance with-the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the last house within the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

14. That BEFORE occupation of the last house within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 12; shall be in operation.

Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity

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 residents.

80 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 residents.

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

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

18. That BEFORE the development hereby permitted starts, full before and after cross sections and site levels shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be constructed in accordance with the plans approved under the terms of this condition unless otherwise agreed in writing beforehand by the Planning Authority.

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

19. That should 6 months or more elapse between the timing of the ecological surveys and operations commencing, a further survey shall be undertaken on the site to determine the presence of any bats. 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, these 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.

20. That BEFORE the development hereby permitted starts, a scheme for the provision of play area within the site as indicated on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play area(s), including the location and type of safety surface to be installed; (c) details of the fences, gates and animal grids to be provided around the play area(s), and (d) details of the phasing of these works.

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

21. That BEFORE occupation of the last dwellinghouse/flat within the development hereby permitted, all works required for the provision of equipped play area and, included in the scheme approved under the terms of condition 20, shall be completed.

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

NOTE TO COMMITTEE

If the Committee are minded to grant consent the decision notice will not be issued until a Section 69 Agreement is signed between the Council and developer with regard to the financial contribution of f52,800for improvement to local schools in order to accommodate the additional pupils.

Background Papers:

Application form and plans received 30thApril 2007 Amended plans received 18'h September 2008

Letter from West Of Scotland Archaeology Service received 4'h July 2007 Letter from Scottish Environment Protection Agency received 23'd July 2007 Letter from Scottish Water received 16'h May 2007 Letter from Scottish Power received 16'h May 2007 Letter from British Telecom received 17'h May 2007

Memo from Geotechnical Team Leader received 24'h November 2008 Memo from Local Plans Section received 5' June 2007 Memo from Head Of Protective Services received 31 " May 2007 Memo from Traffic & Transportation received 26'h November 2008 Memo from Conservation & Greening received 28'h March 2008

Letter from Damien Lavery, 38 Glenhead Drive, Motherwell, North Lanarkshire, ML1 2DS received l!jth Mav 2007 Letier from Agnes Blair, 35 Leven Street, Motherwell, North Lanarkshire, ML1 2SY received 15'" May 2007 Letter from Mr & Mrs Charles Farrell, 31 Leven Street, Motherwell, North Lanarkshire, ML1 2SY received 15'h May 2007

Southern Area Local Plan Finalised North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mr Kevin Divin at 01698 274107.

Date: 3 December 2008

82 APPLICATION NO. S/07/00781/FUL

REPORT

1. Description of Site and Proposal

1.1 Full planning permission is sought for the erection of 79 dwellinghouses and 60 flatted dwellings at Leven Street, Motherwell.

1.2 The site is effectively rectangle in shape. Located within this site are two three storey buildings located along Leven Street with various Scottish Power apparatus and outbuilding located throughout the site. The site is bounded to the south and east by two storey detached dwellinghouses on Glenhead Drive and Easterbrae and to the north on the opposite side Of Leven Street by 2-storey terraced dwellinghouses. To the west lies a playing field and play ground beyond is the railway line and multi storey flats. The site is generally flat, currently an electricity works and depot occupied by Scottish Power.

1.3 The proposed layout would be configured in two distinct parts. The proposal takes to form of 4 separate blocks of flats along Leven Street. The majority of which is three storey in height with some parts four storey, comprising in 60 units. The reminder of the site would be occupied by 79 detached dwellinghouse all of which are 2-storey with pitched roofs. A private loop road around the central island of open space would serve the individual dwellinghouses within the site.

2. DeveloPment Plan

2.1 The site is covered by Policy CS 5 (Established Utilities) of the Southern Area Local Plan (Deposit Version 2008).

3. Consultations and Representations

3.1 Scottish Natural Heritage, Scottish Power, Scotland Gas Network and British Telecom have no objection to the application.

3.2 SEPA has advised that on the understanding that the foul drainage is connected to the public sewer and surface water be treated from the site in accordance with the principles of the SUDS Manual (C697) then they would have no objection to the proposal. They have also advised that construction works associated with the development of the site must be carried out with due regard to the SEPAs guidelines on avoidance of pollution.

3.3 West of Scotland Archaeology Service has confirmed that no substantive archaeological issue have been raised.

3.4 Scottish Water does not object to the proposal although requires to assess the impact of the development on existing infrastructure. Scottish Water has also stated that the Daer Water Treatment Works currently has sufficient capacity to service the proposed development and that there are no known constraint issues within the Water Network that serves the proposed development. In terms of waste water treatment, Scottish Water has confirmed that there is currently sufficient capacity at the Daldowie treatment works and that there are known constraint issues within the waste water network. In view of this, it will be necessary for the developer to demonstrate that the proposal will not detrimentally impact on the network. Scottish Water has subsequently confirmed agreement to connection to the sewer subject to the relevant infrastructure charges.

83 3.5 The Architectural Liaison Officer of Strathclyde Police has confirmed that statistics show that this area has a relatively low crime profile. One concern was raised regarding the location of parking with respect to the proposed flats. However this is only a preference and not grounds for any objection to the proposed development.

3.6 My Geotechnical Team Leader has no objection to the proposed residential development subject to conditions relating to confirmation in writing from Scottish Water that confirm they have capacity to accept any additional flows into their drainage system and their adoption of the surface water system including the attenuation tank.

3.7 My Transportation Section has no objection to the proposed residential development.

3.8 Protective Services commented that a comprehensive site investigation should be undertaken to assess any potential risks arising from previous site uses, also, given that part of the site is within 40-50m of a railway line, a noise and vibration impact assessment should be undertaken. They advised that a note should be placed on any consent relating to construction noise.

3.9 NLC Education Department have commented that there would not be sufficient capacity at local primary and high schools to accommodate additional pupils. This would result in children being transported to other neighbouring schools, rezoning of catchment areas or extensions to be constructed at the existing schools. Such extensions would require to be funded by a financial contribution from the applicant. In this regard, the Executive Director of Leisure and Learning has indicated that the preferred option would be to request a developer contribution of f400,OOO which will facilitate the construction of two new classrooms for the expansion of new Cathedral Primary School.

3.10 The Conservation and Greening Section has no objections to the proposed residential development. They have recommended that conditions be imposed requiring that provision be made with the development for swifts given the nearby swift breeding area. They also requested details relating to the bat emergence surveys. Landscape Services has no comments to make until full landscaping details are submitted.

3.1 1 Three letters of representation has been received from neighbouring residents. The points of objection raised were that:

i) The location of the proposed access adjacent to the entrance of Astern Gardens is unacceptable as this would affect existing parking for residents. Leven Street is a busy bus route serving local schools, if the proposed access was approved this would impact on traffic safety as parking within 10 metres of a junction would occur.

ii) Due to the location of 60 flats, it is considered that this would a violation of our privacy as the windows of the flats would be overlooking our bedrooms and may overshadow our gardens at the front of our properties.

iii) One of the proposed detached dwellinghouses (plot 17) would overshadow the rear garden of 38 Glenhead Drive as the proposed dwelling would be 2.5 metres from the boundary.

iv) The plans of the proposed development are misleading as they seem to not reflect the presence of 36, 38,40 and 42 Glenhead Drive.

4. Planninn Assessment and Conclusions

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

84 considerations indicate otherwise. The application is not of strategic significance and therefore only requires to be assessed against the relevant Local Plan for this area. In this instance the Southern Area Local Plan (Deposit Version 2008) is relevant, where the site is zoned CS 5 (Established Utilities). Policies HSG 3 (Brownfield Housing Development), HSG 9 (Assessing Applications for Housing Development), and TR 13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan are relevant.

4.2 Policy CS5 seeks a continuation of such established utilities. However, in circumstances where changes of use, or new developments are proposed these will be considered, having particular regard to their compatibility with surrounding land uses. In this case the principle of the proposed residential development would be acceptable in terms of the impact on the surrounding area as this site is adjacent to the existing residential estate.

4.3 With regard to the other relevant housing policies,. Policy HSG 3 (Brownfield Housing Development) is material in that it seeks to bring forward and facilitate the development of Brownfield sites for housing development. As such the proposal is considered to comply with policy HSG3.

4.4 Policy HSG 9 Assessing Applications for Housing Development sets out criteria against which new residential developments should be assessed. These include impact on the existing built and natural environment; layout detailed design; landscaping/open space; and the provision made for access and parking. As stated above, the site is suitable for the proposed development given the residential character of the area. The development consists of predominantly 2-storey detached properties and four blocks of flats located along Leven Street. The blocks of flats proposed along Leven Street would take the place of two large three storey commercial buildings located at either side of the vehicular entrance to the site. The proposed flats would result in an improvement to the streetscene given the scale and mass of the proposal especially when compared to the current situation. The existing housing in the area is predominantly two storey and the two storey dwellinghouses proposed in this application are therefore considered acceptable. The house type designs are of an appropriate standard and while the proposed materials appear acceptable, this matter can be controlled in detail by planning conditions.

4.5 The site layout is such that it does not give rise to any unreasonable levels of overlooking, loss of privacy or loss of light. The development as a whole is considered acceptable in terms of its relationship with the wider area and impact on surrounding land-uses. Given the site is relatively flat, no cross sections have been provided, I do however recommend that a condition be attached ensuring full details of final levels are submitted prior to development commencing. A satisfactory level of usable garden ground adequately serves all plots. An adequate level of garden ground associated with the flats is also provided. An amenity/play area has been provided which is located at the centre of the application site thus providing good passing surveillance of this area.

4.6 Both policy HSG 9 (Assessing Applications for Housing Development) and TR13 (Assessing the Transportation Implications of Development) require the provision of suitable roads, access and parking, as well as an assessment of the impact of the development on the wider road network. The Transportation Team Leader has no objection to the proposal. Conditions are recommended relating to the satisfactory implementation of the proposed road, private accesses and parking provision. The development therefore complies with these policies.

4.7 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). The site is zoned as EDI 1 (Protecting Industrial and Business Areas) where there is a presumption against development inconsistent with the continuing industrial and business character of existing industrial and business areas. Given that the Scottish Power are due to vacate the site; the site is deemed surplus by Scottish Power; and the surrounding area is an established housing area, the proposed residential is considered

85 to be the most appropriate use of the site than the alternative business/industrial use.

4.8 Turning to issues raised by the consultation responses, it is noted that Scottish Water have now indicated that surface water will be accepted to the public sewer at attenuated rates. Final details of this can be agreed via a planning condition, although it should be highlighted to the applicant that any amendment to the layout as a result will require a further planning application. This would also satisfy the issues raised by SEPA. Other issues highlighted by SEPA can be covered by conditions and advisory notes to the applicant.

4.9 My Protective Services Team Leader’s request for a site investigation can be covered by planning conditions. Other issues raised in relation to construction noise and control of dust could be covered via advisory notes to the applicant. Finally although a noise and vibration impact assessment was requested this is considered to be unreasonable in this case. Given that the application site ranges from 60 metres to 300 metres from the railway, the line is a cutting meaning that its at a much lower level than the application site and there has been new dwellings constructed to the south of the site within the last five years closer to the railway with no mitigation (planning application S/98/00166/FUL), it is considered that the site is of sufficient distance to not warrant a noise and vibration impact assessment.

4.10 NLC Education Department have commented that there would not be sufficient capacity at local primary and high schools to accommodate additional pupils. The applicant has agreed to contribute €52,800 through a section 69 Agreement in order to provide a financial contribution to help fund the improvement of local schools.

4.1 1 In terms of other issues raised by consultees it should be noted that conditions are proposed to deal with the matters raised.

4.12 With regards to the points made in the letters of objection, I would respond as follows:

i) The proposed access to the site has been amended to a roundabout that has been considered to be acceptable in terms of traffic safety.

ii) In relation to the objectors’ concerns regarding potential privacy issues related to the proposed residential development, I am satisfied that as the proposal would be at least 25 metres from any facing windows will not significantly affect the level of amenity currently enjoyed..

iii) With regard to concern of the resident of 38 Glenhead Drive, the layout of the proposed development has been amended resulting in this property backing onto plots 18 and 19 which are at least 11 metres from the boundary and will not cause any significant overshadowing.

iv) The plans submitted in respect of this application are of sufficient detail to assess the application although it is noted that 36, 38, 40 and 42 Glenhead Drive are not indicated on the location plan.

4.13 In conclusion, taking account of the development plan and other material considerations, it is considered that in terms of siting and design the proposed development is acceptable and it should not significantly impact on the amenity of the adjacent areas. Therefore, the proposal would conform to policies CS 5, HSG 9 and TR 13 of the Southern Area Local Plan (Deposit Version 2008). It is recommended that planning permission be granted subject to conditions.

86 Application No: S/08/00508/0 UT

Date Registered: 15th April 2008

Applicant: Motherwell Miners Welfare Society 274 Ladywell Road Motherwell MLI 3HD

Agent GCA Architecture And Design 87 Calder Street Coatbridge ML5 4EY

Development: Erection of Flatted Residential Development, New Social Club and Associated Parking (Outline)

Location: 274 Ladywell Road Motherwell MLI 3HD

Ward: 16 Motherwell West: Councillors Kelly, Ross and Valentine

Grid Reference: 274288657077

File Reference: S/PL/BFKDI/GF

Site History: 0 S/97/10576/FUL Alterations and Extension to Existing Social Club -Approved 21st October 1997

Development Plan: The site is covered by Policies L 2 (Established Leisure Facilities) in the Southern Area Local Plan (Deposit Version 2008)

Contrary to Development Plan: Yes

Consultations: Scottish Water No objection Scottish Environment Protection Agency No objection Scottish Natural Heritage No objection British Gas No objection Scottish Power No objection Sport Scotland No objection Strathclyde Police No objection Fire Safety Officer No objection Scottish Natural Heritage No objection

Representations: 13 letters of representation received

Newspaper Advertisement: 24th April 2008

87 88 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

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

4. That any housing in the position of Block B on the indicative layout shall not exceed three storeys in height. Any housing elsewhere on the site shall not exceed two storeys in height, in addition the housing on the western end of the site shall respect the established building line along The Loaning. However, the acceptability of the height of the development will be subject to full assessment of site layout and levels to ensure the satisfaction of the Planning Authority that the development will not result in a detrimental impact on the amenity of the surrounding residential dwellings or the character of the area.

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

5. That the development shall be sympathetic in scale, design and materials to and be designed so that it minimises any loss of amenity at the surrounding residential dwellings,

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

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

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

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

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

89 8. That the surface water drainage scheme approved under the terms of Condition (6) above shall be installed concurrently with the development and shall be completed, and thereafter maintained in accordance with the approved details, before the residential development hereby permitted is fully occupied.

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

9. Notwithstanding the terms of Conditions 7 and 8 above, the application made under the terms of condition (1) above shall include a Flood Risk Assessment. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SPP 7): Planning & Flooding and Planning Advice Note 69 (PAN 69): Planning & Building Standards Advice on Flooding.

Reason: In order that the Planning Authority might be satisfied that the proposed development will not give rise to flooding within the application site and will not increase the flood risk elsewhere.

10. That the site is to be developed in accordance with the Council's car parking standards for Ratted development which is 150% space provision of the total number of flatted dwellings plus 30% visitor parking and 20 spaces per 100m2 of public floor area for the social club.

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

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

Reason: In order to ensure satisfactory drainage requirements.

12. That the development hereby permitted relates to the principle of forming residential development and the new social club on the site and gives no approval to the layout as proposed on the indicative plan. Furthermore, the social club development hereby permitted shall be positioned in the area hatched in GREEN on the approved plan.

Reason: To define the permission and in the interests of residential amenity.

13. That the reserved matters application required in condition (1) above shall include, a full Site Investigation report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure the site is free of contamination.

14. That notwithstanding the requirements of condition (1) above, no trees within the application shall be felled without the written approval of the Planning Authority. Furthermore, the reserved matters application required in condition (1) above shall include a full survey of the trees within the site and a scheme of landscaping and tree planting for the approval in writing by the Planning Authority, retaining existing trees around the western and southern boundary of the site and providing a scheme of replacement planting for any other trees which are lost.

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

15. That notwithstanding the terms of condition 1 above, access to the residential element of the site shall be via a 7.5m wide dropped kerb arrangement, located approximately 50m west of the junction Ladywell Road and The Loaning, constructed to the requirements and specifications of the Roads Authority leading to a 5.5m wide access with two 2m wide footways. Furthermore, access to the new social club shall be via a 7.5m wide dropped kerb arrangement, located approximately 55m east of the eastern boundary of the application site and constructed to the requirements and specifications of North Lanarkshire Council leading to a 5.5m wide access with two 2m wide footways.

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

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

Reason: In the interests of traffic safety.

17. That the application required under the terms of condition (1) above, shall include full details of a turning area of adequate size to accommodate any potential service vehicle shall be submitted to and for the approval of the Planning Authority, for the avoidance of doubt this shall be located outwith the residential parking areas.

Reason: In the interests of traffic safety.

18. The design, installation and operation of any air conditioninghentilation 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 buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 20.00 hours and N.R.C. 25 at all other times.

Reason: To ensure that the noise associated with the ventilation system will be within acceptable limits in the interests of residential amenity.

Background Papers:

Application form and plans received 31 st March 2008 Letter from applicant received 4' September 2008

Letter from Scottish Natural Heritagf received !jthAugust 2008 Letter from British Gas received 13 May 2008 Letter from SportScotland received 25'h November 2008 Letter from Strathclyde Police received 30thApril 2008 Letter from Scottish Natural Heritage received 5thAugust 2008

Memo from Geotechnical Team Leader received lgthSeptember 2008 Memo from Local Plans Section received 23'' June 2008 Memo from Head Of Protective Services received 30thMay 2008 Memo from Education received 2gthMay 2008

Letter from Scott McDermott, 63 The Loaning, Motherwell, MLI 3NQ received 21"ApriI 2008 Letter from William Young, 15 Lamlash Place, Motherwell, ML1 3NE received 8' April 2008

91 Letter from Laura Gallagher, 141 Ladywell Road, Motherwell, ML1 3HD received 8'h April 2008 Letter from Anne Young, 15 Lamlash Place, Motherwell, ML1 3NE received 8thApril 2008 Letter from Joan Hamilton, 3 Lamlash Place, Motherwell, North L-anarkshire, ML1 3NE received 8thApril 2008 Letter from Mr & Mrs McGhee, 21 Lamlash Place, Motherwell, ML1 3NE received 8'h Alril2008 Letter from Mr & Mrs Sheridan, 272A Ladywell Road, Motherwell, ML1 3HH received 8 April 2008 Letter from Mr & Mrs Nisbet, 25 Lamlash Place, Motherwell, ML1 3NE received 8" April 2008 Letter from Owner/Occupier, 17 Lamlash Place, Motherwell, ML1 3NE received 9@' April 2008 Letter from James France, 76 The Loaning, Motherwell, ML1 3HE received 16'" April 2008 Letter from Margaret Lockhart, 67 The Loaning, Motherwell, ML1 3NQ received 16'h April 20$8 Letter from Ladywell Community Council, PO Box 19005, Motherwell, ML1 3WG received 6 May 2008 Letter from Mrs M McNally, 69 The Loaning, Motherwell, ML1 3NQ received 8thMay 2008

Southern Area Local Plan Finalised North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mr Kevin Divin at 01698 274107.

Date: 3 December

92 APPLICATION NO. S/08/00508/OUT

REPORT

1. Description of Site and Proposal

1.1 This application seeks outline planning permission for the erection of flatted residential development, a new social club and associated parking at Motherwell Miners Welfare & Bowling Club, 274 Ladywell Road, Motherwell.

1.2 The site is located within an established residential area. The application site is bounded to the north by sports pitch beyond which are housing. Dwellinghouses are located to the east, south and west of the site the majority of which are two storey but these vary in style and age. There is a change in level along the eastern boundary with the Loaning sitting approximately 2 metres lower than the application site. There is an established tree boundary along the southern and western boundary of the site.

1.3 The applicant has submitted an illustrative drawing showing a three storey block of flats along the eastern boundary and two four storey block of flats along the northern and southern boundary. In addition, a new social club is proposed adjacent to the remaining bowling green. The applicant proposes two new vehicular accesses onto Ladywell Road, one to serve the bowling club and the other to serve the residential element of the proposal.

2. Development Plan

2.1 The Southern Area Local Plan (Deposit Version 2008) zones the site as Policies L 1 (Established Leisure Facilities).

3. Consultations and Representations

3.1 Scottish Water has expressed no objections to the proposal, they were unable to guarantee a connection to their infrastructure at this stage. Daer Water Treatment Works and Daldowie Waste Water Treatment Works have sufficient capacity to serve this proposed development. All surface water must be attenuated to a 2 year greenfield run-off equivalent or 5 I/s, whichever is the higher figure, prior to being discharges to the existing surface water sewer.

3.2 Scottish Natural Heritage requested that a bat survey be undertaken before planning permission is granted.

3.3 Friends in Trust Scotland has objected to the proposal unless there are proposals to replace any developed land as required by SPP 11.

3.4 Sportscotland has no objection to the proposed loss of bowling green as there will still be sufficient bowling green provision to satisfy current and future demand within the Motherwell area.

3.5 Scottish Power, Scotland Gas Network and Strathclyde Police have expressed no objections to the proposal.

3.6 The Head of Land Services Countryside (Landscape Services Manager) expressed no objections to the proposal provided that there is minimal loss of existing trees and a tree survey is submitted at the more detailed stage.

93 3.7 The Conservation and Greening Section has no objections to the proposed residential development. They have recommended that conditions be imposed which refer to any planting scheme, the installation of a SUDS scheme to treat any surface water run-off.

3.8 My Geotechnical Team Leader has stated that they are unaware of any incidences of flooding in the vicinity. However the absence of flood reports should not be interpreted as an absence of flood risk. The Architect has provided a drainage strategy which indicated that the existing surface water run-off drains directly to the existing surface water drainage network. However we have no records of any watercourse in the vicinity and the Scottish Water apparatus plans show only a combined sewer. If the surface water is discharged to the combined sewer then approval would be required from Scottish Water. Pre- and post- development run-off calculations should be submitted at this stage. However if the surface water is discharged to the combined sewer then guidance should also be sought from Scottish Water to determine if any additional treatment and attenuation is required.

3.9 The Traffic and Transportation Team Leader has highlighted that the proposed social club access is located a distance of 13m from Ladywell Road's junction with Viewpark Road, this is less than the required minimum of 25m and therefore unacceptable. In order to meet this junction spacing there should be a general reconfigurement of the internal arrangement, relocating the access to the position of the proposed social club and relocating the social club to the position of the proposed location of the parking. A visibility splay of 9x90m requires to be maintained at the junction of Ladywell Road and the Loaning. The two elements of the development require a turning area of adequate size to accommodate any potential service vehicle; this area should be located outwith the residential / customer parking areas. The indicative layout does not meet parking requirements.

3.10 Protective Services raised no objections to the proposal. A comprehensive site investigation should be undertaken to assess any potential risks arising from previous site uses. They indicated that the proposed social club should not give rise to noise nuisance.

3.1 1 Learning & Leisure Services have confirmed that as all the pupils within the zoned housing area can be fully accommodated, they have no objection to the application. In addition, the provision of bowling greens was considered and there is no objection to this proposal as there is ample provision for bowling green within the Mothetwell area.

3.12 Thirteen letters of representation has been received from neighbouring residents and Ladywell Community Council of which all objected. The points of objection raised were that:

a) The proposed residential development would result in an increase in traffic on an already busy road. b) Noise already abundant from the social club and parking will move nearer to homes on Ladywell Road and Lamlash Place due to re-organising of parking facilities to be located at the recreational side of the development resulting also in a loss of privacy. c) The loss of trees within the site would result in further devastation to the wildlife in our area which has already been savaged by previous developments in the Welfares grounds as the existing trees would be removed. d) The scenic landscape view from the west side of our-block will be severely restricted by the four storey blocks of flats. e) The proposed 4 storeys flats are not in keeping with the surrounding houses particularly at The Loaning where they are at most 2 storeys high and are predominantly bungalow type houses. This would look completely out of place in the area and be a total eye sore. 9 The proposed flats would be located too close to The Loaning road resulting in loss of privacy, overshadowing, loss of light and overlooking. g) That the site would appear to be overdeveloped due to the proposed development. h) A planning application for a two storey dwelling (S/03/01842/FUL) was refused as it considered to be too high and not in keeping with the surrounding area, given this application

94 proposes 3 and 4 storey flats, surely a consistent approach has to be applied. i) There is a lack of information relating to the proposed social club, this would have a huge impact on our quality of life. j) Impact of noise from the construction work. k) Some objectors have no objection in principle to the housing but raise concerns listed above.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application is not of strategic significance and therefore only requires to be assessed against the relevant Local Plan for this area. In this instance the Southern Area Local Plan is relevant, where the site is zoned as L 1 (Established Leisure Facilities). Policies HSG 9 (Assessing Applications for Housing Development), CS 4 (Assessing Applications for Community Facilities) and TR 13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan are relevant.

4.2 Policy L 1 seeks to protect and enhance, where appropriate, existing leisure facilities by resisting the loss of leisure facilities where a shortfall in provision for that locality will result. The club is currently having financial problems and this application seeks to develop within the site in order to secure the clubs future. In addition, Leisure and Leaning has confirmed that the loss of one Bowling Green will not detrimentally affect the provision of bowling within the Motherwell area. A view that is supported by Sport Scotland. Given that the proposal will not result in a shortfall of provision and seeks to ensure the future of the club, the proposal is considered to comply with the motives of policy L 1.

4.3 In considering applications for infill residential developments on suitable gap sites Policy HSG 10 applies and states that consideration is to be given to the:

1. Overall impact of the proposal on the character and amenity of the surrounding area, 2. Dimensions of the site relative to the proposed development and associated garden ground, 3. Effect of infill on the garden space, privacy and sunlight received by surrounding properties, 4. Consideration given to scale, materials, roof heightlpitch and window patterns, and 5. Provision of vehicular access and parking arrangements.

The immediate area is an established residential area, thus the impact of the proposed development on the character and amenity of the area would be acceptable in principle subject to detailed design and layout considerations. Subject to consideration of the detailed site layout and site levels it is considered that a maximum height restriction of 3-storeys along the northern boundary of the site and 2-storey elsewhere should be imposed in order that the development is sympathetic to building heights within the site locale, a condition is recommended to this effect. To ensure that the development is in keeping with the area, the development will be required to be set back in order to respect the established building line along The Loaning and retain the existing vegetation along the southern and western boundaries which will minimise the impact on the adjacent residential properties. Conditions to this affect are recommended. It is considered that the site is a sufficient size for a flatted residential development in accordance with the Council's Open Space Guidelines. An appropriately designed development should not be detrimental to the amenity of the existing and proposed residential properties adjacent to the site in terms of privacy and overshadowing and this can be fully assessed at the reserved matters stage. The scale, design, height and proposed materials can also be assessed at the reserved matters stage and should be in keeping with the surrounding character of the area. Therefore, in principle, the proposal is considered to comply with Policy HSG 10. Roads requirements are discussed in more detail under Policy TR13 in the next paragraph.

95 4.4 With regard to the proposed new social club, policy CS 4 is relevant. This policy states that when determining applications for community facilities the Council will consider the following:

1. The extent to which proposals meet a shortfall in the provision of community facilities, 2. The suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment, 3. The provisions made for vehicular access, parking, and impacts on pedestrian safety and traffic circulation, and 4. Detailed design elements such as building height, materials, positioning, and access for pedestrians and disabled people.

4.5 In assessing this proposal against the provisions of policy CS 4, the proposal to replace a dated and oversized facility with a purpose built Social Club seeks to secure the future of the Bowling Club, an important community facility for local residents. The application is therefore considered to comply with point 1. Regarding point 2, the proposal seeks to replace an existing social club facility therefore there would be no significant loss of amenity over and above the existing levels. This smaller building would result in less of an impact on the character and amenity of the area than existing. A condition is recommended that the proposed social club to be located at the North West corner of the bowling club site which will be the furthest distance from the surrounding residents. Regarding the detailed design elements, this will be fully assessed at the reserved matters stage and should be in keeping with the surrounding character of the area. The impact on traffic circulation and manoeuvring will be considered under policy TR 13 below but otherwise, it is considered to accord with policies CS 4.

4.6 Policy TR 13 (Assessing Transport Implications of Development) sets out criteria for the Council to consider when assessing applications for development. These criteria include traffic generation and the impact of the development on road traffic circulation and road safety. The Transportation Team Leader has raised concerns relating to junction spacing, visibility splays and parking requirements. A condition is recommended that will accomplish the maximum junction spacing distance that can be physically be achieved along Ladywell Road, which is considered, on balance, to be acceptable. The junction spacing at Ladywell Road and The Loaning can’t be improved, however as its an existing busy junction the amount of additional traffic is not considered to be sufficient to justify refusal. The turning area for service vehicles and the parking standards can be conditioned. The parking standards can be comfortably achieved due the restrictions on the height of the proposed flats thus reducing the number of units. The proposal is therefore considered acceptable when assessed with respect to policies TR13 and HSGl1.

4.7 A material consideration in the assessment of the application is the North Lanarkshire Local Plan (NLLP) (Finalised Draft 2008). The site is zoned as HCF 1 (Protecting Community Facilities) where the Council will maintain community well-being in residential areas by protecting the community facilities. Given that the proposed residential element of the proposal is required to secure the financial future of the bowling club thus protecting the community facility as well as replacing the old building with a new modern purpose built facility, it is considered that the proposal would comply with policy HCF 1 of NLLP.

4.8 Turning to issues raised by the consultation responses, it is noted that Friends in Trust Scotland has objected due to the loss of one bowling green and the lack of replacement as required by SPP 11. For the reasons given in paragraph 4.7 above, it is considered that the sacrifice of one bowling green is acceptable due to the benefits the development would bring. In addition, Sportscotland has no objected to the loss of the bowling green.

4.9 In terms of the Geotechnical team’s request for further information it is considered that the drainage strategy submitted is sufficient at this stage. Conditions are recommended requiring full drainage details and a flooding assessment be submitted as part of any reserved matters applications.

96 4.10 In terms of Scottish Natural Heritage’s response a protected species survey was undertaken. This survey assessed whether there are any bats roosting in the trees located on the boundary of the application site and concluded that there are no protected species present.

4.1 1 In terms of other issues raised by consultees it should be noted that conditions are proposed to deal with the matters raised.

4.12 In relation to the points of objection, I would comment as follows:-

a) Traffic concerns have been addressed in paragraph 4.6 above. b) A condition has been recommended to reposition the proposed social club which will result in the building being as far from the housing as possible which will protect the current levels of privacy. c) A protected species survey was undertaken which concluded that there will be no protected species detrimentally affected by the proposed development. Conditions are proposed to secure the retention of trees around the site boundary. d) A loss of view is not a material planning consideration. e) A condition is recommended to restrict the proposed block of flats along the western boundary to two storey only that would be in keeping with the area. 9 This has been addressed in paragraph 4.3 above where the proposal would be subject to restrictions on height thus ensuring that there would be no loss of privacy, overshadowing, loss of light or overlooking. g) With the restrictions on the height of the proposed development as well as a condition relating to open space standards which will significantly reduce the number of units that will ensure that the site is not overdeveloped. h) Planning application S/03/01842/FUL is not relevant to this application as it was refused on the grounds that its size of the site, its effect on garden space would result in a sub-standard private garden provision for the proposed dwelling. The reason for refusal did not mention the height of the development. i) The proposed social club would be located appropriately in the same position as the existing but on a smaller scale. In addition, the detail would have to be considered in the reserved matters application in which the neighbouring residents can comment further. j) It is noted that there would a temporary period of disruption during the construction of the proposed development. k) These concerns are noted and addressed above.

4.13 In conclusion, taking account of the development plan and other material considerations, it is considered that the proposed residential development and new social club is acceptable and it should not significantly impact on the amenity of the adjacent areas. Therefore, the proposal can be justified in relation to policy L1 given it seeks to secure the future of the club and conform to policies CS 4, HSG 10 and TR 13 of the Southern Area Local Plan (Deposit Version 2008). It is recommended that planning permission be granted subject to conditions.

4.14 A site visit has been requested, prior to the determination of this application by Committee.

97 Application No: S/08/00901IFUL

Date Registered: 1st September 2008

Applicant: Ms Gardner 12 Centurion Place Motherwell MLI 3FS

Agent Top Class 449 Main Street Coatbridge ML5 3RS

Developmen t : Erection of Two Storey Extension and Raised Patio to Side of Dwellinghouse (In Retrospect)

Location: 12 Centurion Place Motherwell ML1 3FS

Ward: 16 Motherwell West: Councillors Kelly, Ross and Valentine

Grid Reference: 273813 658228

File Reference: SIPLIB13l121ANHlGF

Site History: No applications of relevance

Development Plan: The site is zoned as HSG 7 (Established Housing Area) Southern Area Local Plan

Contrary to Development Plan: No

Consultations: None

Representations: One letter of representation received

Newspaper Advertisement: Not Required I le1 01698 274274 fax 01698 403053

99 Recommendation: Approve Subject to the Following Conditions:-

1. That at least two off street parking spaces as shown on the approved block plan on drawing NO. 1 A shall be retained within the site at all times.

Reason: In order that adequate parking facilities are retained to serve the dwelling house.

Background Papers:

Application form and plans received 13' June, 8thOctober and 2!jthOctober 2008

Letter from Mrs Lindsey Leech, 10 Centurion Place, Motherwell, ML1 3FS received 24thJune 2008

Southern Area Local Plan

Any person wishing to inspect these documents should contact Mr Andrew Henderson at 01698 2741 02.

Date: 3 December 2008

100 APPLICATION NO. S1081009011FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is sought in retrospect for the erection of a two storey side extension and raised patio at 12 Centurion Place, Motherwell. The site is a semi-detached two storey dwelling located within a cul-de-sac. The property is attached to No. 10 Centurion Place to the south and is bounded by No 76 and 78 Cornelia Street to the east. The property is two storeys in height with a subservient two storey extension attached to the north of the property. The dwelling is constructed with a mixture bluff and red facing brick under a concrete tiled roof.

1.2 The proposed side extension measures 4 metres in width by 3.7 metres in length reaching 5.8 metres in height to the ridge. The raised patio is located to the rear garden aspect of curtilage and measures 1 metre in height covering 44 sq metres. The surface of the patio is constructed from a combination of timber and paving. The extension is constructed from brick and tiles to match the existing house.

2. Development Plan

2.1 The site is zoned as HSG 7 (Established Housing Area) within the Southern Area Local Plan (Deposit Version 2008).

3. Consultations and Representations

3.1 One letter of representation has been received from a neighbour. They raised the following concerns in regards to the application.

a) Overlooking into the kitchen window from the patio; b) Noise and dust generated from the construction works and impact from these upon the neighbours health and husbands ability to sleep during the day when on night shift; c) The errors in the neighbour notification process; d) Ask for assurances that current drainage and utility infrastructure would not be affected.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the local development plan unless material considerations indicate otherwise. The application raises no strategic issues and requires to be assessed against the relevant local plan policies. The site is zoned as HSG 7 (Established Housing Area) in the Southern Area Local Plan. Policies HSG 12 (House Extensions) and TR13 (Assessing the Transportation Implications of Development) are relevant to this proposal.

4.2 Policy HSG7 seeks to protect the established character of the existing house area by opposing development that adversely affects their amenity. Applications for extensions in such areas are acceptable subject to meeting the requirements of Policy HSGl2 (House Extensions).

4.3 Policy HSG12 sets out various criteria for assessing such applications including the design, size, propositions and position of extensions, the effect on the amount of garden ground retained and the impact on the street scene. The impact on the neighbouring dwellings in relation to privacy, daylight and sunlight is also considered alongside parking provision and access.

101 4.4 The scale and size of the two storey side extension is acceptable in relation to the existing dwelling. The design and use of materials are compatible with the existing dwelling. The extension does not appear visually intrusive within the street scene nor detract from the adjoining dwelling as it is located well back from the established building line and adjoins an area of woodland. The extension does not adversely affect neighbouring properties through overlooking, loss of daylightlsunlight or by reduction of loss of privacy. The design and scale of the raised patio is acceptable in relation to the existing dwelling and does not dominate the plot. The patio does raise an element of overlooking of the neighbouring property No.10 Centurion Place as a result of the site levels. In mitigation there is a shed and storage box to the side of the property and a 1.8 metre high timber fence sufficiently screening the patio. It is therefore considered that there will be no significant adverse impacts on the neighbour at No.10 in terms of privacy or overlooking. There are two off street parking spaces located within the curtilage of the property, therefore it is not considered the extension would generate off street parking.

4.5 A material consideration is the North Lanarkshire Location Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

4.6 With regards to points of objection, I would comment as follows:

1) Overlooking or privacy issues are addressed in paragraph 4.4 above. 2) Neighbour notification was initially incorrect but this process has now been completed as per statutory requirements. 3) The disturbance from construction is considered temporary in nature and is not a material planning consideration; 4) In reference to the control of dust an advisory note is attached to cover this detail; 5) Adequacy of drainage and utility infrastructure is a civil matter and not a material planning consideration.

4.7 In conclusion it is considered the proposal complies with Policies HSG7 and HSGl2 of Southern Area Local Plan (Deposit Version 2008 ). Notwithstanding the objection received from the neighbour at 10 Centurion Place, the development is acceptable in terms of design, scale and materials from a planning viewpoint and therefore recommended that planning permission be granted subject to conditions.

102 Application No:

Date Registered: 29th July 2008

Applicant: Benhar Developments Ltd Clo RAS Ltd 1A Melville Terrace Stirling FK8 2ND

Agent RPS Planning & Development Ocean Point One 4th Floor 94 Ocean Drive Edinburgh EH6 6JH

Development: Continued Extraction of Coal, Rock & Fireclay, Importation of Non Hazardous Commercial & Industrial Waste (For Recycling & Infilling of Void) and Erection of Associated Recycling Facility, Plant & Offices

Location: Mossband Farm - Motherwell Road Newhouse

Ward: 17 Motherwell North: Councillors McAuley, McKenna, Nolan and Stewart

Grid Reference: 279620660647

File Reference:

Site History: The site has a long history of coal, rock and clay extraction. It presently remains un-restored. Applications of significance include:

96/00562/MIN Amendment to Consent for Opencast Coal and Rock Extraction to Allow for Extension to Timescale (December 1999) and the Extraction of a Total of 750,000 Tonnes of Rock. Approved 24th March 1998. 00/00099/FUL Formation of Clay Storage Facility. Approved (Bond Never signed and application was never issued) 00/00280/OUT Housing and Sports/Recreation Development Following Restoration of Opencast Coal Site. Application refused 12'h April 2004. 03/00094/FUL Installation Of Thermal Oxidation Plant (Environmental Impact Assessment required under the $'.A. (Scotland) Regulations 1999). Application Withdrawn 25 July 2006. 05/01091/MIN Extraction and Storage of Brick Making Clay (220,000m3) and Restoration of Land. Application Withdrawn !jthDecember 2006 06/01471/MIN Extraction of 750,000 Tonnes of Brick Making Clay, Importation of Inert Waste for lnfill Purposes, Stone Crushing and Exportation, Screening of Imported Material and

103 Restoration of Site. Application received but never validated due to lack of information. 0 08/01395/FUL Erection of Perimeter Fence. Application Approved 21" October 2008.

Development Plan: The site is zoned as ENV6 (Green Belt) in the Southern Area Local Plan 2008. Strategic Policy 6:Quality of Life and Health of Local Communities, Strategic Policy 7: Strategic Environmental Resources, Strategic Policy 8: Sustainable Development of Natural Resources, and Strategic Policy 9: Assessment of Development Proposals of the Glasgow and Clyde Valley Joint Structure Plan 2000 (Third Alteration)

Contrary to Development Plan: Yes

Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (No Objections) Scottish Power (No Objections) Central Scotland Forest Trust (Comments) British Gas (No Objections) Scottish Natural Heritage (Comments) West Of Scotland Archaeology Service (Comments) Scottish Rights of Way Society (Comments)

Representations: 1 letter of representation received

Newspaper Advertisement: Advertised on 6th August 2008

104 L

This map IS reproduced from Produced by OrdnsnceSuweyrnatenaI CONTINUED EXTRACTION OF COAL, ROCK & FIRECLAY Nolth Lanarkshire Council wth the peimts81cn of IMPORTATION OF NON HAZARDOUS COMMERCIAL 8 EnvironmentalSeNiWS. Ordnance Surrey on bshsf ofthaControl~rofHerM.~ayc INDUSTRIAL WASTE ( FOR RECYCLING ) & INFILLING Calzml Building, saaorrrymm Bcm OF VOID ERECTION OF ASSOCIATED RECYCLING Copyrght UnaUmonsBd 8 rcorm~ucboninfnngesCrDVm FACILITY, PLANT AND OFFICES EE$q$wL!- mpyrght and may led to prosecuban or cwil procaKiingr North LamrkshireCouncil MOSSBAND FARM, MOTHERWELL ROAD, NEWHOUSE 100023396 MO8 tel01698 274274 lax 01698 403053 I * Representation Site area 50.00 ha

105 Recommendation: Approve Subject to the Following Conditions: -

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

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

2. That both the Planning Authority and SEPA shall be notified in writing of the date of commencement at least 7 days, but no more than 14 days, prior to the commencement of the development hereby permitted.

Reason: To enable the Planning Authority and SEPA to monitor compliance with the conditions of the planning permission.

3. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented strictly in accordance with the information and plans submitted within the Environmental Statement dated July 2008 and as amended in the addendum dated October 2008. except as may be amended by the terms of the approval hereby given, and shall omit no part of the operations provided for therein. Any amendments to the methods or operational activities must have the prior written approval of the Planning Authority. For the avoidance of doubt no more than three individual excavation/infilling areas shall be operational at any given time.

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

4. That details of the archaeological contractor shall be submitted to and approved in writing by the Planning Authority 14 days prior to the commencement of development on site.

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

5. That this permission shall supersede all planning conditions contained within Planning Permission S/96/00562/MIN and any amendments.

Reason: To accord with the terms of the planning application and in the interests of the proper control of all operations on site.

6. That all mineral operations on site shall cease by 31" January 2019 and the site shall be fully restored no later than 31"JuIy 2019.

Reason: To accord with the terms of the planning application and in order that the site is timeously reinstated.

7. That all heavy goods vehicle movements to and from the site, all excavations and associated operations including infilling, crushing, and screening and the Materials Recycling facility operations shall be restricted to 07.00 and 19.00 Monday to Friday inclusive (excluding national public holidays) and 07.00 and 13.00 on Saturdays, and there shall be no such working at any other times.

Reason: To safeguard the amenity of the adjacent residents.

8. That with the exception of works of an emergency nature or essential maintenance, servicing and testing of plant and equipment, no work shall take place outwith the hours stated in condition 7 above, without prior written consent of the Planning Authority.

Reason: In the interests of amenity.

106 Vehicular Access and Related Matters

9. That vehicular access to and from the site shall be restricted to the existing access onto the B7066 Motherwell Road as illustrated on the approved plans.

Reason: In the interests of road safety.

10. That provision shall be made within the curtilage of the site at all times for adequate parking and turning facilities for all vehicles associated with the development, to ensure, that all vehicles entering or leaving the site can do so in a forward gear. Visitor and staff parking areas shall be finished in a tarmacadam finish prior to the MRF being brought into use.

Reason: In the interests of traffic safety and to ensure satisfactory traffic circulation within the site.

11. That all vehicles leaving the site carrying coal, rock, fireclay or any other deleterious material shall be fully covered by haps or sheets to the satisfaction of the Planning Authority.

Reason: To minimise dust emissions and to prevent material falling onto the public roads in the interests of amenity and road safety.

12. That before the commencement of importation/extraction or removal of materials from the site, the main site access shall be paved or finished in a sealed surface material for its full length between the wheel wash and the public road. Furthermore provision shall be made within the curtilage of the site at all times for adequate parking and turning facilities for all vehicles associated with the development, to ensure, that all vehicles entering or leaving the site can do so in a forward gear.

Reason: In the interests of public and road safety and to prevent mud and deleterious material being carried onto the highway.

13. That prior to the commencement of operations on site full details of an automated high pressure wheel wash facility shall be submitted to and approved in writing by the Planning Authority.

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

14. That prior to the removal of, or importation of any material to the site, the high pressure wheel wash facility approved under the terms of condition 13 above shall be operational. The high pressure wheel wash facility shall thereafter be maintained throughout the duration of the operations to the satisfaction of the Planning Authority, and in the event of any deposit of mud or any other material on the public road, the deposits shall be cleared as soon as possible to the satisfaction of the Planning Authority. The wheel wash equipment shall be desludged as required to the satisfaction of the Planning Authority and this desludging shall only take place outwith normal working hours as specified in condition 7 above.

Reason: To prevent mud or deleterious materials being carried onto the public roads in the interests of road safety.

15. That prior to the removal or importation of any material to or from the site advanced warning signs shall be placed at positions on the B7066 to be agreed with the Planning Authority, warning drivers of the existence of an access to an opencast and Materials Recycling Facility. These shall be maintained in a satisfactory condition throughout the duration of the mineral extraction and operational period of the MRF.

107 16. That at least 2 working days notice shall be given to the Planning Authority before any soil stripping commences and, at the request of the Planning Authority, the extent of areas to be stripped shall be pegged out in advance.

Reason: To allow the Planning Authority the opportunity to assess the suitability of weather and ground conditions.

17. That no movements of soil shall take place except when the full depth of soil to be stripped, or otherwise transported, is in a suitably dry soil moisture condition, and conditions are sufficiently dry for the topsoil to be separated from the subsoil.

Reason: In the interests of soil management.

18. That the topsoil and subsoil shall be stored in separate mounds, as illustrated on the approved working plans; and the topsoil and subsoil mounds shall not exceed 6 meters in height, shall be graded, grass seeded and managed throughout their respective periods of storage, and the overburden mound, once at its final size, shall be graded to an even slope.

Reason: In the interests of soil management, visual amenity and to minimise dust emissions.

19. That prior to the commencement of development on site a soil mound phasing plan shall be submitted to and approved in writing by the Planning Authority in advance of any soil stripping operations on site and shall include:-

(i) a detailed plan showing the advance screen bunding coloured GREEN to be put in place prior to the start of excavation or before the MRF is brought into use.

(ii) details of the bunds to be retained on site after extraction ceases for the mitigation of the MRF facility coloured BLUE.

The bunds shall be formed/removed in accordance with the timescales and details in the approved scheme to the satisfaction of the Planning Authority.

Reason: To ensure maximum possible protection from potential noise, dust and visual impacts from the workings.

20. That the following conditions shall be observed to the satisfaction of the Planning Authority:-

(i) before any part of the site is excavated or is traversed by heavy vehicles or machinery (except for the purpose of stripping that part), or is used for the stacking of subsoil or overburden, all available topsoil shall be stripped from that part of the site;

(ii) that following topsoil stripping operations, all subsoil shall be stripped as a separate operation from all areas of land where topsoil was stripped, except for the areas of any subsoil tips.

(iii) subsoil as well as top soil shall be stripped from all areas to be excavated, from the compound/yard, MRF site, parking areas and haul roads.

(iv) before the overburden mound is created in the position illustrated on the approved plans, all available subsoil as well as topsoil shall be stripped from that part of the site;

(v) the overburden mound shall not exceed 15 metres in height.

(vi) that work routines for stripping operations shall be designed to minimize vehicle traffic on

108 unstripped land, and at all times the mechanical handling and compaction of the topsoil shall be minimised and also that no vehicle, other than those involved in stripping operations, shall be permitted on the unstripped land.

Reason: In the interests of soil management and amenity.

21 That prior to the commencement of development on site and notwithstanding the terms of conditions (18, 19 & 20), details and plans shall be submitted for approval by the Planning Authority of any soil storage mounds, other than the peripheral bunds, and any overburden storage areas within the parts of the site covered by this permission.

Reason: In order to allow the Planning Authority to assess these aspects of the development in detail.

22 That, apart from the works required to enclose the site, no operations shall be carried out on any phase until any available topsoil is fully stripped and also that the topsoil shall be stripped to the full available depth from all areas within each phase, except for the areas of any topsoil dumps and peripheral bunds.

Reason: To ensure the satisfactory reinstatement of the site.

Noise and Blasting

23. That in the event that blasting may be required, the applicant shall submit a full blasting impact assessment and noise and vibration and blasting action plans including any mitigation work that may be required and that no blasting shall take place until said assessment and action plans are submitted to and approved in writing by the Planning Authority. Any mitigation works that may be required shall be completed in accordance with a timetable to be approved in writing by the Planning Authority before any blasting takes place.

Reason: In the interests of amenity.

24. That the development shall accord with the noise and vibration action plan and blasting action plan approved under the terms of condition 23 above.

Reason: In the interests of amenity.

25. That noise levels from the site shall not exceed at the following noise levels at any noise sensitive building:

i) 70dBA Leq (1 hour) between the hours of 0900 and 1700 on weekdays (Monday to Friday inclusive) and 0900 and 1300 on Saturdays, for the purpose of topsoil stripping and the creation and removal of noise baffle mounds, for a period not exceeding 8 weeks in one year.

ii) 6OdBA Leq (Ihour) between the hours of 0700 and 1900 on weekdays (Monday to Friday inclusive) and 0700 and 1600 on Saturdays for the purpose of the excavation of subsoil and minerals at a depth of less than 8m from the surface.

iii) 55dBA Leq (1 hour) between the hours of 0700 and 1900 on weekdays (Monday to Friday inclusive) and 0700 and 1300 on Saturdays. For the purpose of the excavation of subsoil and minerals at a depth of more than 8m for the surface.

That works specified shall not be undertaken outwith these hours to the satisfaction of the Planning Authority.

109 Reason: To enable the Planning Authority to monitor the site and to safeguard the amenity of adjacent residents.

26. That environmental noise monitoring equipment shall be provided for continuous site use and shall be situated in accordance with the requirements of the Planning Authority, and that a permanent record of all environmental noise monitoring shall be kept on the site and be available for inspection by the said Authority at all reasonable times.

Reason: To enable the Planning Authority to monitor the site and to safeguard the amenity of adjacent residents.

27. That the noise action plan shall include procedures for the investigation by the operator of any breaches of noise levels as set out in condition 25 above, and where identified, any operations giving rise to noise levels exceeding specified limits shall be suspended until such time as appropriate remedial action is implemented. A logbook shall be kept on site, and be available for inspection at any reasonable time by an officer of the Planning Authority, detailing the exceedence, the subsequent investigation and any remedial action implemented.

Reason: In order to allow for the proper control of noise from the site in the interests of amenity.

28. That the noise action plan shall include procedures in instances where relevant noise conditions are not complied with because of an emergency, and in such instances the operator shall, as soon as possible, and in any event not later than 14 days after the breach, provide the Planning Authority in writing, details of the nature of the emergency and reasons why the noise condition was not adhered to.

Reason: To allow for the proper control of noise at the site in the interests of amenity.

29. That all vehicles and mobile plant on site shall be provided with suitable and effective silencers where appropriate, or provided with full acoustic screening, to the satisfaction of the Planning Authority.

Reason: To minimise noise generation from planffvehicle movement in the interest of amenity.

30. That all vehicles and plant used within the site shall be fitted with reverse warning equipment which adjusts their noise level automatically to 5dB(A) below the ambient noise level.

Reason: To ensure that no noise nuisance emanates from the site in the interests of amenity.

31. That outwith the permitted weekday working hours as specified in conditions 7 and 8 above, the noise levels produced by any maintenance works shall not be audible at any of the noise sensitive properties to the satisfaction of the Planning Authority.

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

32. That all pumps on site shall be suitably silenced, and where practicable, enclosed.

Reason: To safeguard the amenity of adjacent residents.

33. That prior to the commencement of development on site a dust action plan shall be submitted to and approved in writing by the Planning Authority.

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

110 34. That the operations on site shall comply with the terms of the 'dust action plan' approved in terms of condition 33 above.

Reason: To minimise dust generation from the site in the interests of amenity of local residents.

35. That notwithstanding the generality of condition 33 above, the dust action plan shall accord with the following:

(i) dust suppression equipment, including water spray equipment, shall be available on site at all times and used as required to prevent dust emissions from the site and from all plant and equipment. All areas likely to give rise to airborne dust shall be watered at regular intervals to prevent any dust emission adversely affecting adjoining land or residents.

(ii) a programme for the monitoring and sampling of dust generated by the operation of the site, including measurement locations, frequency of monitoring and methodology. The results of this monitoring shall be submitted to the Planning Authority on request.

(iii) Any adverse increase in dust levels affecting land or residents in the vicinity of the site due to site operations shall cause the operations responsible to be suspended until such time as appropriate remedial measures have been implemented. A log book shall be held on site and be available for inspection at any reasonable time, by an officer of the Planning Authority, detailing any such adverse increases in dust levels, the subsequent investigations and my remedial action implemented..

Reason: To minimise dust generation from the site in the interests of amenity.

36. That all baffle mounds, bunds, overburden and soil mounds shall be so constructed and maintained as to minimise dust emission and any mud or slurry deposits onto any adjoining property or highway.

Reason: To minimise dust emission from the site.

Environmental Protection

37. That prior to the commencement of any earthworks within the site, the secure fencing approved under application S/08/01395/FUL, shall be erected around the perimeter of the working area of the site and shall thereafter be maintained to the satisfaction of the Planning Authority.

Reason: In the interests of public safety.

38. That before the commencement of development on site, temporary signs shall be erected around the perimeter of the site warning the public of deep excavations and shall be retained in place until the site has been restored.

Reason: In the interests of public safety.

39. That before the commencement of development on site, full details of the advance planting scheme proposed for the site shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt the scheme shall include: -

i) a scheme of tree and shrub planting with regard to both CSFT and SNH comments, incorporating details of the location, number, variety and size of trees and shrubs to be planted;

ii) an indication of all existing trees and hedgerows, plus details of those to be retained, and

111 measures for their protection in the course of development

iii) a detailed timetable for the advance planting works which shall provide for these works being carried out prior to the commencement of extraction of materials from, or importation of materials to the site.

Reason: In the interests of amenity.

40. That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of SEPA and the Planning Authority. That throughout the period of working, restoration and aftercare the developer shall protect and maintain any watercourse passing through the site.

Reason: In the interests of water management and to prevent pollution of natural watercourses

41. That before the commencement of development on site settling ponds shall be provided within the site as illustrated on the approved plan, to the satisfaction of the Planning Authority, in consultation with SEPA and shall thereafter be retained until their removal in the final restoration of the site.

Reason: To prevent pollution of natural watercourses.

42. That any oil, fuel, lubricant or other potential pollutant shall be handled on the site in such a manner as to prevent pollution of any watercourse or groundwater. For any liquid other than water, this shall include storage in suitable tanks housed within a suitable bund or other means of enclosure to provide containment for 110% of the storage capacity and with no passive means of discharge.

Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses.

43. That refueling points shall be designated for mobile machinery and shall be located within bunded hardstanding areas. Plant maintenance shall also be undertaken in a designated area and shall adopt similar contamination prevention measures.

Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses.

44. That no burning of rubbish or waste materials shall take place on site.

Reason: To safeguard the amenity of adjacent residents.

45. That all weeds on the peripheral soil bunds shall be treated with weedkiller, or cut on an annual basis.

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

46. That all lighting shall be located to minimise its impact beyond the site boundaries to the satisfaction of the Planning Authority.

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

47. That notwithstanding condition 46, above all floodlights should be directed away from any burns and water bodies within the site and their immediate vicinity to the satisfaction of the Planning Authority.

Reason: To minimise potential disturbance for otters.

112 48. That prior to the commencement of excavation and infilling on site a 2 metre wide buffer shall be demarked along the southern bank of the Legbrannock Burn and shall thereafter be retained for the operational period of the site, details of which shall be submitted to and approved in writing by the Planning Authority beforehand.

Reason: To minimise potential disturbance for otters.

49. That prior to the commencement of operations on site details of any mitigation measures in terms of table 5.10 of the ES shall be submitted to and agreed in writing with the Planning Authority. The works once approved shall thereafter be undertaken and the completion of the works shall be confirmed by a suitably qualified person.

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

50. That should 6 months or more elapse between the timing of the ecological surveys and operations commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, badgers, otters and great crested newts. 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, these 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.

51. That notwithstanding the requirements of condition 50 above, prior to the commencement of operations on site details of the EPS 44 license application, a method statement for demolition of the buildings, which shall be stripped by hand in the presence of a suitably qualified bat worked, and detailed mitigation for the loss of the roost shall be submitted to and approved in writing by the Planning Authority. No trees within the site shall be lopped, topped or otherwise affected without the prior written approval of the Planning Authority.

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

52. That prior to the commencement of development on site, an Ecological Clerk of works shall be appointed, with the approval of the Planning Authority, all costs associated with the appointment shall be met by the developer. The clerk of works shall be present on site during excavation/infilling and shall provide monitoring of the development and operations at the site until completion of the restoration phase, in accordance with a timetable to be submitted to and approved in writing by the Planning Authority before the commencement of development. The clerk of works shall oversee and advise on the resolution of ecological issues, protect on site features, habitats and species, provide on site guidance to the operators and ensure legal compliance with respect to protected species.

Reason: In the interests of the amenity of the restored site.

53. That prior to the commencement of development on site, a layout plan showing the retention of unimproved grasslands within the northern and eastern boundaries of the site, retention of the broadleaved plantation along the eastern boundary, and the retention of the dry modified bog and water body within the southern part of the site shall be submitted to and approved in writing by the Planning Authority. Thereafter these areas shall be marked out on site at all times and no activity shall take place within those areas unless approved in writing beforehand by the Planning Authority.

113 Reason: In the interests of the amenity of the restored site.

54. That prior to the commencement of development on site, an independent party to act as a Compliance Officer shall be appointed, with the approval of the Planning Authority, all costs associated with the appointment shall be met by the developer. The compliance officer shall undertake monitoring of the development and operations at the site until completion of the restoration phase, in accordance with a timetable to be submitted to and approved in writing by the Planning Authority before the commencement of development. The Compliance Officer shall submit an audit of the conditions attached to this permission to the Planning Authority in accordance with a timetable to be approved in writing by the Planning Authority before work starts on site. This audit shall specify the degree of compliance with conditions and, thereafter, specify any remedial measures required to be taken in order to safeguard the environment at the site and the surrounding area in the event of a failure to comply with any conditions.

Reason: To monitor and evaluate compliance with this permission.

55. 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 approved in writing by the Planning 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, If the area of ground illustrated for 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 Planning Authority.

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

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

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

57. That contaminated drainage from the site roadways, overburden tips and ground and/or surface water from the working areas shall receive adequate treatment and settlement prior to discharge to the watercourse.

Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses.

58. That any oil, fuel, lubrication, paint or solvents within the site shall be stored within a suitable bund or other means of enclosure to prevent such materials from contaminating topsoil, subsoil or reaching any watercourse.

Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses.

114 59. That in the event of grossly contaminated groundwater being encountered during operations on the site, the operators shall contain the groundwater until it can be safely disposed of in accordance with SEPA regulations and to the satisfaction of the Planning Authority.

Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses.

60. That throughout the period of working, restoration and aftercare, he applicants shall protect and maintain or divert any ditch, stream, watercourse or culvert passing through the site so as not to impair the flow nor render less effective drainage onto and from adjoining land.

Reason: In the interests of water management and to ensure adequate precautions are taken to prevent pollution of natural watercourses.

Construction

61. That before the development hereby permitted starts, full details of the MRF including the materials to be used on all external walls and roof 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: In the interests of the visual amenity of the site.

62. That before the development hereby permitted starts; full details of temporary portakabinloffice accommodation shall be submitted to and approved in writing by the Planning Authority. Any proposals for permanent office accommodation shall thereafter be subject to a separate planning application. The use of the office office accommodation shall be restricted to activities directly associated with the operations on site.

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

63. That, with regard to any buildings and plant that may be required in addition to those indicated in the Environmental Impact Assessment and on the approved plans, a further planning application shall be submitted to the Planning Authority, together with the requisite detailed plans, and no such buildings and plant shall be erected or installed until the permission of the Authority has been granted .

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

64. That prior to commencement of development, a detailed restoration plan based on figure 3.12 shown in the ES shall be submitted to and approved in writing by the Planning Authority. The Plans and details shall include, but not be limited to:

i) a full description of the restoration proposals in the form of a method statement covering all works;

ii) a detailed site layout plan including all existing site features to be retained and all proposed works including fencing, hedging, planting, wetlands, footways, gates and crossing points.

iii) specifications for footpaths, gates and styles;

iv) details of reinstatement of any settlement ponds, drains and watercourses disturbed by works

115 on site, accompanied by appropriate plans.

v) details of soil analysis, soils replacement (in the correct order above the overburden/infiIIing with due regard to the grading of he surface and provision of natural drainage), drainage (including the insertion of field drains as required), vegetation cover, hedging, shelterbelts and any other works

vi) plans showing existing and proposed contour lines which shall include information of surface levels over the whole site so that it blends satisfactorily with the surrounding landscape, drains naturally, and does not retain any pools of surface water;

vii) the line of, and final surfacing of the re-instated right of way and informal footpath along the eastern boundary;

viii) details of all areas of woodland or tree planting proposed, including full details of all works such as specifications, species, ground preparation, drainage, chemical treatments and protection methods and shall have regard to both CSFT and SNH comments;

ix) details for the formation of a network of ponds and habitat corridors;

x) as indicated in the submitted indicative restoration plan, the detailed restoration scheme shall include the treatment of those areas within the site that have been disturbed but not yet been fully restored.

xi) a timetable of the implementation of the restoration works

The restoration scheme shall thereafter be implemented in accordance with the timescales and details in the approved scheme to the satisfaction of the Planning Authority.

Reason: To ensure that an acceptable restoration scheme is established for the entire site.

65. That the restoration of the site shall proceed concurrently with the work of excavation, and shall be completed in accordance with the restoration programme approved under condition 64 above, to the satisfaction of the Planning Authority.

Reason: In the interests of proper land management and public safety.

66. That notwithstanding the generality of conditions 64 and 65 above, the following conditions shall be observed in the restoration of the site to the satisfaction of the Planning Authority where appropriate: -

i) following replacement of overburden/infilling with waste, and before the replacement of sub-soil, the overburden shall be rooted and cross-rooted to a depth of 300mm, with boulders and stones exceeding 500mmm in one dimension being removed from the site or buried on the site at a considerable depth;

ii) where available, at least 600 mm of subsoil shall be spread on top of the overburden/ infilled waste, sub-soil shall be re-spread evenly in separate layers of 300mm depth, and each layer shall be rooted and cross-rooted with a heavy duty winged rooting machine, with boulders and stones exceeding 200mm in one dimension, or other materials which would prevent or impede normal agricultural or land drainage operations or the use of machinery for subsoiling or mole ploughing being removed before the top soil is replaced and that the surface layer shall be left in a roughened state;

iii) following the replacement of sub-soil, all available top-soil shall be re-spread evenly to achieve the final level and configuration, and shall be rooted and cross-rooted and cultivated as required with all stones exceeding 1OOmm in one dimension being removed;

116 iv) all operations involving sub-soil and top-soil replacement and cultivation shall only be carried out when the full volume of soil involved is in a suitably dry soil moisture condition to minimize soil damage and to maximize the effects of the rooting operations,

v) that earth moving machinery shall travel along clearly defined routes avoiding areas of tipped sub and top soils and these routes shall be rooted before being covered with the next layer of subsoil or top soil;and

vi) that at least 2 working days notice shall be given to the Planning Authority of intention to spread sub-soil and top-soil to allow for inspection of the area by the said Authority.

Reason: In the interests of sound soil management.

67. That notwithstanding the requirements of condition (64) above, upon cessation of all extraction operations all settlement ponds shall be emptied of slurry, filled with dry inert material, and restored to the satisfaction of the Planning Authority.

Reason: In the interests of amenity and in the interest of public safety.

68. That the applicant shall arrange for a chemical analysis of the soil and shall apply lime fertilizer as recommended by the soil analysis and full details of which shall be submitted to the Planning Authority before seeding or planting.

Reason: In the interests of sound soil management.

69. That prior to seeding or planting taking place confirmation from a Chartered Landscape Architect shall be provided that the soil replacement has been undertaken satisfactorily and that the soils are in a suitable condition for the restoration proposed, to the satisfaction of the Planning Authority.

Reason: In the interests of sound soil management.

70. That prior to the commencement of the development hereby approved, a survey shall be submitted to the satisfaction of the Planning Authority of the soil types and depths across the part of the site to which this permission relates, all soils shall be retained on the opencast site and none shall be sold off or removed from the site and after the soil stripping and formation of, or addition to storage dumps, the quantities shall be measured and the volumes made known to the Planning Authority.

Reason: To ensure the satisfactory re-instatementof the site.

71. That any bind free soil forming material found during the course of the proposed operations shall be recovered where practical and stored for use in the final restoration of the land and that this material shall be used to replace shortages of subsoil and topsoil or used to cap the overburden where there is inadequate subsoil and topsoil.

Reason: To ensure the satisfactory re-instatementof the site.

72. That within 3 months of the completion of the restoration of the site required in terms of conditions 64, 65, 66, and 67 above, all fixed equipment, plant and buildings associated with the mineral extraction operations and not required for the continued operation of the MRF shall be removed from the site to the satisfaction of the Planning Authority.

Reason: In the interests of the long term amenity of the restored site.

73. That any landscaping and woodland planting approved under the terms of condition 64 above, which fails to grow, dies, is damaged or destroyed during the periods of restoration or aftercare

117 shall be replaced during the following planting season, to the satisfaction of the Planning Authority.

Reason: In the interests of the long term amenity of the restored site.

74. That notwithstanding the requirements of condition (64) above the public Right of Way, as shown within the submitted indicative restoration plan, shall be re-instated within 6 months of the date of all infilling ceasing on the site.

Reason: To ensure the timeous re-instatement of the public Right of Way.

75. That in all areas to be tree planted in the restoration scheme approved under the terms of condition (64) above, the soils shall be loose tipped with subsequent spreading by a backacting excavator.

Reason : To ensure suitable ground conditions for planting.

76. That notwithstanding the requirements of condition (64) above the informal public footpath, as shown within the submitted indicative restoration plan, shall be restored and maintained to the satisfaction of the Planning Authority.

Reason: In the interests of amenity and to ensure safe pedestrian movements.

77. That before development commences on site, a 5 year aftercare scheme for areas defined in the restoration plan shall be submitted to the Planning Authority for approval, and the scheme shall specify such steps as may be necessary to bring the land to a standard suitable for agricultural use and shall include cultivating, fertilising following soil sampling and analysis, watering, draining and otherwise treating the land, and a timetable for implementation.

Reason: In the interests of sound land management.

78. That the aftercare scheme approved under the requirements of condition 77 above shall be carried out in accordance with the approved timescale to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

79. That, before 31st July of every year during the aftercare period, a report shall be submitted to the Planning Authority recording the operations carried out during the previous 12 months and setting out the intended operations for the next 12 months.

Reason: To ensure the satisfactory aftercare of the site. 80. That, before 31st August of every year during the aftercare period, a site meeting shall be arranged with the Planning Authority to discuss the report prepared in accordance with condition 79 above.

Reason: To ensure the efficient monitoring of the aftercare of the site.

MRF Facilitv

81. The maximum amount of waste material accepted at the site shall not exceed 350,000 tonnes per annum of commercial and industrial waste. A written record shall be kept by the site operator of the amounts of waste accepted and it shall be made available to the Planning Authority and SEPA within 7 days of a written request from either party.

118 Reason: To ensure impacts arising from the operations of the materials recycling facility do not cause unacceptable disturbance to local communities.

82. That only non-hazardous commercial and industrial wastes shall be accepted for processing at the site. No other categories of waste shall be retained on site, processed or used for infilling and any waste received at the site that does not comply shall be removed in accordance with the protocol for the handling of non-conforming loads detailed in the EIA and approved within the PPC permit by SEPA.

Reason: To ensure the satisfactory operation of the site.

83. Deliveries to the site shall be inspected prior to unloading. All unloading activities shall be supervised by the site operator to ensure that only waste which falls into the permitted categories of waste are accepted for retention on site. Any loads which fall outside those permitted categories of waste shall be rejected or sent to the quarantine area and removed off site within 2 working days.

Reason: To ensure satisfactory operation of the site.

84. That the Materials Recycling Facility shall incorporate fast acting screen shutters, details of which shall be submitted to and approved in writing by the Planning Authority prior to construction of the MRF

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

85. Measures shall be employed to ensure that any litter arising from the operations does not leave the site. Such measures shall include ensuring that the fast acting screen shutters (approved in terms of condition 84 above) of the MRF are maintained in good operational order at all times and that the site is regularly inspected and provision is made for any litter present outside the MRF building and within the site to be collected and returned to the MRF building.

Reason: To minimise nuisance caused by windblown litter.

86. Measures shall be employed to ensure that operations associated with the development hereby permitted do not give rise to any malodours. Such measures may include but not necessarily be limited to the following:

i) The removal of any malodorous material from the site;

ii) The application of masking agents to neutralise any malodours.

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

87. In the event that the use of the site for the importation of waste should cease for a period in excess of three months then, within one month of a written request from the Planning Authority, the site shall be cleared of all stored waste and recycled materials.

Reason: To provide for the beneficial use and appearance of the land after the use hereby permitted has ceased.

88. That prior to the MRF facility being brought into operation the external storage areas associated with the facility shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure satisfactory operation of the site.

119 General

89. That a 30m stand off distance between operations and the electricity towers shall be maintained for the operational period of the site to the satisfaction of the Planning Authority. These stand off areas shall be clearly demarked at all times on site once operations have commenced.

Reason: In the interests of safety.

90. That from the commencement of the operations to the completion of the restoration works, a copy of this permission including all the documents hereby approved and any other documents subsequently approved in accordance with this permission shall always be on display at the site during normal working hours to the satisfaction of the Planning Authority.

Reason: For the information of interested parties.

91. The developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. A method statement for the watching brief shall be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority prior to commencement of the development.

Reason: In order to protect and record any archaeological remains.

92. That a signboard shall be retained at the site entrance, outwith all visibility splays, giving the name, address, and telephone number of the operators.

Reason: In order that residents may contact the site if required.

93. That unless otherwise agreed in writing with the Planning Authority, only inert residual waste (Le waste remaining after all practicable efforts have been made to extract recyclables) shall be disposed of as landfill on site.

Reason: In order to support delivery of sustainable waste management.

94. That before any imported waste is infilled on site, the Materials Recycling Facility shall be constructed and operational with all facilities and equipment required for the pre-treatment and segregation of waste installed in accordance with the approved plans. The MRF shall thereafter be operated throughout the lifetime of the landfill.

Reason: In order to support delivery of sustainable waste management.

95. That details of the amounts and types of waste extracted for reuse and recycling and the amounts and types of waste deposited in the landfill shall be submitted to and approved by the Planning Authority, in consultation with SEPA on an annual basis. The information shall be presented in the form of an audit setting out how the development is ensuring that only residual waste is deposited in the site and how maximum recycling rates are being achieved. And unless otherwise agreed in writing by the Planning Authority the amount of inert waste landfilled on site shall accord with the terms set out in the submitted Environmental Statement as follows:-

(i) a minimum 50% recycling rate for the first 7 years

(ii) a minimum 70% recycling rate for years 8 and 9.

(iii) a minimum 90% recycling rate) for year 10

120 Reason: In order to support delivery of sustainable waste management.

96. That prior to extraction commencing on site, a site waste management plan shall be submitted to and approved in writing by the Planning Authority, in consultation with SEPA. The plan shall cover the prevention/minimisation, treatment, recovery, and disposal of extractive waste with a view to minimising waste generation and encouraging waste recovery. The plan shall thereafter be implemented in accordance with the approved details throughout the lifetime of the development hereby approved.

Reason: In order to comply with the recommendations set out in SPPlO Planning for Waste Management and in the interest of the amenity of the site.

97. That no development shall commence until a full site specific construction method statement (CMS) is submitted and approved by the Planning Authority, in consultation with SEPA. The report shall be submitted a minimum of 1 month prior to the proposed commencement of operations to enable consultees time to fully assess the CMS. For the avoidance of doubt the CMS shall incorporate detailed pollution avoidance and mitigation measures for all construction elements potentially capable of giving rise to pollution

Reason: In the interests of minimising any potential for pollution at the construction phase.

98. If for any reason it becomes necessary or expedient during the operations hereby approved to amend or abandon, to a material extent, any of the provisions contained in the Environmental Impact Assessment (as amended) the applicant shall submit an amended application and statement of intent to the Planning Authority but shall adhere to and comply with the EIA (as amended) and permission hereby granted until such a time as the amended application is approved.

Reason: In order that the Planning Authority can maintain effective control over operations at the site.

99. That notwithstanding the requirements of condition 3 above, on an annual basis commencing on the 31” March 2010, topographical site survey and cross section plans prepared by a Chartered Engineer showing the position at that point in time shall be submitted to the Planning Authority

Reason: In order that the Planning Authority can maintain effective control over operations at the site.

Note to Committee

If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Amendment Direction 2007 as:-

1. Development which is “EIA development” as defined by Regulation 2 of the Environmental Impact Assessment (Scotland) (Regulations) 1999. 2. Development where the site boundary falls within 500 metres from the edge of an existing community or sensitive establishment.

The decision notice will not be issued until the applicant enters into a Section 75 Legal Agreement and delivers a signed Bond of Caution in accordance with the Council’s agreed policy for the working and restoration of open cast sites.

121 Background Papers:

Application forms, plans and Environmental Statement received 29th July 2008 Addendum Information received 8'h October 2008

Letter from SEPA received 21'' November 2008 Letter from Scottish Water received 7'h August 2008 Letter from Scottish Power received 6th August 2008 Letter from Historic Scotland received 11th August 2008 Letter from Scottish Natural Heritage received 5th September, 24'h October and 28'h November 2008 Letter from West of Scotland Archaeology Service received 29th August 2008 Letter from Scottish Rights of Way Society received 6th August 2008 Letter from Trunk Roads Authority received 28'h August 2008 E-mail from RSPB received 15'h August 2008

Memo from Transportation Team Leader 4'h November 2008 Memo from Head of Protective Services received 11th August 2008 Memo from Conservation & Greening ManagEr 22"d September 2008 Memo from Landscape Services Manager 24 September 2008. Memo from Geotechnical Team Leader received 6th October, 30 October and 24' November 2008 Email from Waste Strategy Team received 17'h October 2008

Letter from Owner/Occupier, 501 High Street, Newarthill, Motherwell, MLI 5SP received 16th October 2008.

Glasgow and Clyde Valley Structure Plan 2000 (Third Alteration 2006) Southern Area Local Plan Finalised Draft North Lanarkshire Local Plan

SPPl - The Planning System (November 2002) SPP2 - Economic Development (November 2002) SPP4 - Planning for Minerals (September 2006) SPP7 - Planning for Flooding (February 2004) SPPlO - Planning for Waste Management (August 2007) SPP15 - Planning for Rural Development (February 2005) SPP16 - Opencast Coal (July 2005) SPP17 - Planning for Transport (August 2005) SPP21 - Green Belts (April 2006) NPPG14 - Natural Heritage (1999) NPPG 18 - Planning and the Historic Environment (1999) PAN 50 - Controlling the Environmental Effects of Surface Mineral Workings

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 2741 13.

Date: 4 December 2008

122 APPLICATION NO. S108101 I131MlN

REPORT

1. Description of Site and Proposal

1.I Planning consent is sought for the continued extraction of coal, rock & fireclay, importation of non hazardous commercial & industrial waste (for recycling & infilling of void) and erection of associated recycling facility, plant & offices at the derelict mineral extraction site at Mossband Farm, Motherwell Road, Newhouse.

1.2 The applicants propose to extract approximately 744,300 tonnes of clay, 2.42 million tonnes of rock and 114,300 tonnes of coal over a 9 year period. All coal extracted will be exported from the site, but it is estimated that only 50% of the fireclay and 25% of the rock will be of marketable quality. As such, 372,200 tonnes of fireclay and 604,900 tonnes of rock will be exported from the site with the remainder retained for infilling. Infilling and restoration of the site will be undertaken progressively and simultaneously with the extraction activities over a period of 10 years.

1.3 In addition to the proposed extraction the applicant also proposes to establish a Materials Recovery Facility (MRF) on site which will process principally Commercial & Industrial (C&l) waste, which includes Construction and Demolition waste, The applicant proposes to infill the void created by previous minerals extraction and the proposed extraction utilising materials already on site including the backfilling of fireclay and rock. The site will import up to 1.93 million m3 of waste (which equates approximately to 3.34 million tonnes), a proportion of which will be used to infill the void. In addition, reprocessing of materials already on site will provide a further estimated 274,000m3 for restoration purposes. The overburden and suitable inert reprocessed materials will fill the 2.53 million m3 void created. Exported materials will primarily be taken by lorry from the site to the Newhouse roundabout, and M8/A8 for transport and it is anticipated that imported materials will follow the same primary routes. Vehicle movements are calculated at 24 to 30 2 way vehicle movements per hour.

1.4 The applicant also proposes to re-work the areas within the site which were subject to unauthorised tipping by the previous site operators. These areas which are thought to contain materials unsuitable for the site will be re-worked and the re-worked materials will provide further inert materials for infilling on site and recycled materials/secondary aggregates suitable for sale into market. Any materials found to be unsuitable for either purpose will be removed from site to a suitably licensed facility.

1.6 The proposed timescales for the extraction are 4-6 months start-up, 9 years extraction with progressive restoration continuing simultaneously with extraction activities over a period of 10 years. While this timescale will secure the restoration of the site, the applicant proposes that the MRF, office and associated infrastructure will remain long-term on site in order to ensure the long term economic viability of the proposals.

1.7 An Environmental Impact Assessment has been submitted along with this application.

2. Site Histow

2.1 The application site has a history of underground and opencast mineral workings dating back to June 1952.

2.2 Planning permission was previously granted for opencast coalworking operations (Ref. M/2/90) on 31 July 1991 subject to a Bond of Caution. Three subsequent amendment applications were submitted and approved. The site operators subsequently went into liquidation and despite

123 lengthy negotiations the site was only restored to a very limited degree. The Bond proved to be false and consequently the site remains in a derelict state with a large void present.

2.3 Committee approval was given on 7'h June 2000 for a planning application for the formation of a clay storage facility and removal of the clay by lbstock for use at their Tannochside brick factory. This application related to a 4.4 ha site at the north-east part of Mossband Farm. Planning permission was not issued due to the inability of lbstock to deliver to the Council a Bond of Caution to guarantee the restoration of this part of the site.

2.4 In 2005 the Council became aware of unauthorised activities at the site. On 29 June 2005, a planning application was submitted (Ref. S/05/01091/MIN) by Lothian Investments Ltd f!r the entire Mossband Farm site for the extraction and storage of brick making clay (220,000 m ) and restoration of land. This application was subsequently withdrawn.

2.5 In January/February 2006 the site changed hands and unauthorised activity escalated with significant amounts of materials being imported to the site. In August 2006 an Interim Interdict was granted against Fincairn Ltd and anyone acting on their behalf which prohibited any further clay extraction, clay removal, rock crushing or extraction, and tipping of material.

2.6 The present applicants purchased the site in August 2007, and closed the site pending the submission and determination of the current planning application.

3. Development Plan

3.1 The site is zoned as ENV6 (Green Belt) in the Southern Area Local Plan 2008.

3.2 In the Glasgow Clyde Valley Joint Structure Plan 2000 (Third Alteration) strategic policies 6, 7, 8 and 9 are relevant to this application.

4. Consultations and Representations

4.1 My Transportation Team Leader has offered no objections subject to conditions covering the surfacing of the access, wheel wash facilities, suitable turning facilities, and that the service and access arrangements are as per those indicated in the Environmental Statement. Transportation has indicated that the developer should undertake a dilapidation survey with the Council regarding the condition of the B7066 and have also indicated that the applicant will be required to enter into an agreement under section 96 of the Roads (Scotland) Act 1984.

4.2 My Landscape Services Section have offered no objections to the proposed development subject to conditions regarding appropriate landscaping conditions for the offices, MRF building and advance screen planting.

4.3 My Conservation and Greening Section have commented that the proposed restoration plan is excellent and have offered no objections to the proposals. They indicate that they would prefer that the burn at the northern end of the site be diverted rather than culverted.

4.4 My Protective Services Section have offered no objections to the proposed development.

4.5 My Geotechnical Team Leader has commented that SEPA should confirm in writing their acceptance of the proposals, confirmation of who will maintain the SUDS element of the surface water system should be forwarded to the Flooding and Drainage team, and any changes made to the surface water drainage system over the lifetime of the site should be forwarded for consideration. Geotechnical confirm that sufficient information has been submitted within the proposal on the surface water drainage system to satisfy current guidance on SUDS.

124 4.6 My Waste Management Strategy Team has commented that the proposals for the site are satisfactory on the basis that all applicable and appropriate requirements are adhered to and have no objections to the proposed development.

4.7 My Access Section has indicated that they have no objections to the proposals subject to appropriate conditions requiring the reinstatement of the public right of way after infilling operations have ceased.

4.8 Scottish Water has no objection to the proposed development.

4.9 SEPA have offered no objections to the proposed development subject to conditions and have commented that only residual waste should be landfilled after all practicable efforts have been made to extract all recyclable and compostable materials. SEPA also comment that the MRF facility should be operational prior to imported waste being infilled on site and that detailed yearly audits of the amounts and types of waste extracted for re-use and recycling and amounts deposited for landfill shall be provided to ascertain if the operator is meeting the recycling rates outlined in the ES. SEPA also suggest that progressive restoration is undertaken and that a waste management plan and construction method statement are submitted prior to the commencement of operations on site.

4.10 Scottish Natural Heritage requested that further Protected Species surveys be undertaken. Any mitigation will require to be undertaken prior to the commencement of operations on site. They have recommended conditions regarding the restoration of the site. They note that landfilling to restore the void is not their preferred option in this part of the Green Belt. They request that measures are put in place to ensure that only inert materials are used for infilling to ensure no pollution results. The development as a whole will not have a significant impact on the landscape character or visual amenity of the site. Other recommended conditions include the requirement for an Ecological clerk of works, retention of some grassland areas within part of the site, a long term habitat management plan, the retention and reinforcement of woodland corridor along the eastern boundary, and that the restoration plan takes account of their comments.

4.11 The Central Scotland Forest Trust CSFT have offered no objections to the proposed * development but have commented on suitable species for the proposed tree planting proposals. CSFT also note that it is important that soils be handled correctly for any of the tree areas to be successful.

4.12 Scottish Rights of Way Society (ScotWays) note that at present the right of way is not in use for safety reasons and that the previous operator of the site did not provide an alternative route. ScotWays welcome the proposals to reinstate the right of way during the restoration process and request that the reinstatement of the route is made a condition of any permission granted. ScotWays indicate that they have no objections to the proposed development subject to conditions.

4.13 Historic Scotland notes that the proposals will not affect any archaeological/historical sites or landscapes and have no objections to the proposed development.

4.14 The RSPB have offered no objections to the proposed development.

4.15 West of Scotland Archaeology Service have no objections subject to a condition requiring an archaeological watching brief on all areas of new ground disturbance.

4.16 Scottish power notes that they have a high voltage overhead line within the area of the proposals but have no objections to the proposed development.

125 4.17 Transco has noted the presence of a low/medium/intermediate pressure gas main in the proximity to the site but has offered no objections to the proposed development.

4.18 Trunk Roads have offered no objections to the proposed development

4.19 One letter of objection has been received for the application and the issues of concern raised are set out below:-

1. Concerns that the road is already too busy and has too many accidents and issues with keeping the road surface clean.

2. The noise levels generated by the proposed development.

3. Potential for odours emanating from the site.

4. Concerns regarding the overall appearance of the site during operations.

5. Concerns regarding the proposals incompatibility with a site which is for farming.

6. The problems with the previous operator of the site and the dumping of illegal materials on the site.

7. Concerns regarding drainage issues affecting the site.

5. Planning Assessment and Conclusions

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

5.2 The application raises issues of a strategic nature and must be considered in terms of the Structure Plan. The structure plan policies relevant to the determination of the proposals are Strategic Policy 6: Quality of Life and Health of Local Communities, Strategic Policy 7: Strategic Environmental Resources, Strategic Policy 8: Sustainable Development of Natural Resources, and Strategic Policy 9: Assessment of Development Proposals.

5.3 Strategic Policy 6 states that the quality of life and health of communities will be supported through the provision of integrated waste management facilities. The proposed development will contribute significantly towards the provision of an integrated system of waste management facilities and is therefore considered to be in accordance with strategic policy 6.

5.4 Strategic Policy 7 requires the protection and enhancement of international, national and strategic environmental resources and environmental resources including mineral resources as listed in schedule 7. Having assessed the submitted Environmental Statement it is considered that chapter 5 suitably assesses the impact of the proposals and concludes that the environmental resources identified in schedule 7 will be protected and enhanced as a result of the proposed development and as such is considered to be in accordance with strategic policy 7.

5.5 Strategic Policy 8 supports development which extends the supply of minerals at existing operational sites. Although not currently operational, the site can be considered as an existing minerals site due to the failure of the previous operators to restore the site. The principles of mineral operations are well established on the site, and as such, the proposals are considered to be in accordance with strategic policy 8.

126 5.6 Strategic Policy 9 sets out the criteria for assessing development proposals in terms of their compliance with the Structure Plan. The relevant criteria are 9A (vi) which requires that the case for the development has been established in the terms of its relationship to the requirements for waste management facilities set out in the Glasgow and Clyde Valley Area Waste Plan; and 9B which requires that the location of the development is appropriate in terms of the need to; (iv) safeguard the environmental resources listed in Schedule 7 or identified in local plans; (v) avoid isolated and sporadic development in the Green Belt; (vii) implement the waste management hierarchy; (viii) avoid the risk of flooding and (ix) avoid negative impact upon Health and Safety. Having assessed the proposals it is considered that a sufficient case has been made for the facility within the Glasgow and Clyde Valley Area Waste Plan. Furthermore the proposals are located on an established minerals site and therefore are not considered to be isolated or sporadic development in the Green Belt. The submitted Environmental Statement is considered to satisfactorily address the relevant criteria set out in 9A (vii); and 9B (iv); (v); (vii); (viii); and (ix) and is therefore considered to be in accordance with Strategic Policy 9.

5.7 The site is identified as Policy ENVG (Green Belt) in the Southern Area Local Plan (2008). Policies MlNl (Mineral Resources); MIN2 (Preferred Areas for Opencast Coal Extraction); MIN3 (Hard Rock Quarry Operations); MIN5 (Assessing Applications for Mineral Extraction); MIN6 (Restoration and Aftercare Bonds); MIN7 (Monitoring of Mineral Extraction Sites and Preparation of Progress Plans); MIN9 (Assessing Applications for Landfill Facilities); MlNlO (Facilities for Recycling); MIN11 (Proposals for Waste Disposal Facilities); TR13 (Assessing the Transportation Implications of Development); ENV 1 (The Environment); ENV4: (Contaminated Land); ENV5 (Assessment of Environmental Impact); ENV9 (Flooding); ENVl3 (Biodiversity); ENV14 (Nature Conservation); ENV21 (Archaeology) are also relevant to the assessment of this application.

5.8 Policy ENVG (Green Belt) states that the Council will safeguard the character and function of the Green Belt and will not normally permit development unless justified in terms of Green Belt policy. The policy states that mineral extraction may also be acceptable where proposals accord with other relevant Local Plan policies. In this case the proposal relates to the extension of an existing minerals site and the proposals are considered to be in accordance with policy ENVG.

5.9 Policy MIN5 (Assessing Applications for Mineral Extraction) sets out the criteria that mineral applications will be assessed against and includes; the environmental implications; impact on the amenity of nearby communities; whether the proposals allow for the long term improvement to the appearance and function of the site and maximise community benefit; working methods; traffic; and cumulative effects of such proposals. The accompanying Environmental Statement has satisfactorily addressed the criteria above as the applicant has shown that the proposals will greatly improve the landscape quality of the currently derelict site once restoration is complete. Furthermore the development will have a minimal impact on the visual amenity of the site given the proposed landscape mitigation, bunding and advance planting proposed for the site. The proposed development will have no significant impact on nature conservation or watercourses and the impact of the proposals on nearby communities are considered to be suitably mitigated by the proposals. The proposed development and subsequent restoration will allow for the long term improvement to the appearance and function of the site thus providing maximum community benefit in the long term. The proposed working methods outlined are considered acceptable and the EIA has also satisfactorily considered the cum ulative impact of the development in terms of other similar operations in the area. The proposed development is therefore considered to be in accordance with the criteria set out in Policy MIN5. The Transportation issues are considered in section 5.18 below.

5.10 Policy MlNl (Mineral Resources) states that the Council will direct mineral extraction activities to appropriate locations in order to satisfy market demand for minerals while resisting proposals which sterilise deposits suitable for extraction. The proposed development is for an extension to

127 an existing minerals site which has been shown to be acceptable in terms of its environmental effects and effects on the amenity of the area. The proposals are considered to be in accordance with policy MINI.

5.1 1 Policy MIN2 (Preferred Areas for Open Cast Coal Extraction) states that the Council will seek to direct proposals for opencast coal extraction to the Preferred Area shown on the Proposals Map. However such proposals will only be considered acceptable when they accord with Policy MIN 5. The proposed development is for an extension to an existing minerals site which is located outwith the Preferred Area. Therefore, although the proposal is not considered to be completely in accordance with Policy MIN2, I consider that the sites location outwith the preferred search area is outweighed by the fact that the proposed site is an already established minerals site and accords with the requirements of MIN5.

5.12 Policy MIN3 (Hard Rock Quarry Operations) states that the existing supply of land with planning consent for working of hard rock will not generally be extended other than existing quarries. The proposed development is for the extension to existing workings and is therefore in compliance with policy MIN3.

5.13 Policy MIN6 (Restoration and Aftercare Bonds) requires minerals and waste disposal applications to be supported by a Bond for restoration and aftercare. The applicants have indicated that they will enter into a Section 75 agreement and will provide a bond to cover the restoration of the site. The proposals therefore accord with policy MIN6.

5.14 Policy MIN7 (Monitoring of Mineral Extraction Sites and Preparation of Progress Plans) requires all operators of mineral extraction sites to submit regular progress plans. The applicant has acknowledged that such information will be submitted and conditions are proposed which require yearly progress plans to be submitted by the operator and that an independent compliance officer will be appointed in order to monitor the progress on site. The proposals are considered to accord with policy MIN7.

5.15 Policy MIN9 (Assessing Applications for Landfill Facilities): relevant criteria include environmental implications; impact on the amenity of nearby communities; whether the proposals allow for the long term improvement to the appearance and function of the site; working methods; and traffic. The criteria outlined are similar to those assessed in relation to MIN5 in section 5.9 above. The proposed development is considered to be in accordance with the criteria set out in Policy MIN9. The Transportation issues are considered in section 5.18 below.

5.16 Policy MINI 0 (Facilities for Recycling): relevant criteria include: convenience to public; visual amenity; impact on local residents; and traffic. The criteria outlined have been assessed in paragraph 5.9 above and the proposed development is therefore considered to be in accordance with the criteria set out in Policy MINIO.

5.17 Policy MINI 1 (Proposals for Waste Disposal Facilities): relevant criteria include; convenience to waste producers; visual amenity; impact on local residents; traffic; requirement for landfilling; and impact on the natural and built environment. The criteria outlined have mostly been assessed in paragraph 5.9 above. In terms of convenience for producers it is considered that the submitted ES has established that the facility will be ideally located to service need for waste producers in the local area and wider Glasgow and Clyde Valley area. The proposed development is therefore considered to be in accordance with the criteria set out in Policy MINI 1.

5.18 In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated; the impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. As indicated at paragraph 4.1

128 the Transportation and Maintenance Sections have no objections subject to conditions and that the application enters into an agreement under section 96 of the Roads (Scotland) Act 1984. The conditions proposed address the matters raised. The proposals are therefore considered to be in accordance with policy TR13.

5.19 Policy ENVI (The Environment) supports sustainable development by seeking to maintain and enhance the quality of the environment in the long term interest. The mitigation methods outlined in the Environmental Statement are considered to minimise any significant adverse effects that the proposals will have on the site. Furthermore the restoration scheme submitted will ensure the environmental improvement of a site which would otherwise remain un-restored and cause significant visual blight to the area. The proposals are therefore considered to accord with policy ENVI.

5.20 Policy ENV4 (Contaminated Land) requires developers to investigate the conditions of contaminated land prior to development and to detail remedial action to be undertaken. The Environmental Statement has indicated that the area illegally dumped by the previous operator will be screened and any hazardous material found will be removed for safe disposal off site. The application is considered to accord with policy ENV4.

5.21 Policy ENV5 (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. These include; suitability of the proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution and flooding risk; the loss of natural habitats and protected species; the extent to which derelict land is regenerated; and the need for specific measures to ensure satisfactory restoration of the site. Having assessed the proposals and the submitted Environmental Statement and in view of the consultation responses detailed above, it is considered that the proposed development is suitable to the character of the area given that it constitutes an extension to an already established mineral extraction site. The assessment of the visual effects in the Environmental Statement concludes that there will be no significant impacts from vantage points and that the proposed facilities will have a minimal impact on the landscape of the site and surrounding area, a view that is accepted by both SNH and Landscape Services. In order to further reduce the impacts of the development it is recommended that conditions are proposed to cover the proposed advance planting and landscaped bunding to further screen the site. In terms of traffic generation these issues are addressed in section 5.18 above. Having consulted our Pollution Control Section it is noted that the ES has satisfactorily addressed the noise and dust issues affecting the site. In terms of flood risk and pollution both the Council’s Geotechnical Section and SEPA have offered no objections to the proposed development and drainage matters are covered by recommended conditions. In terms of the loss of natural habitats and protected species these issues are addressed in sections 5.23 below. The proposals include sufficient details to ensure satisfactory restoration conditions, a section 75 agreement and a bond.

5.22 Policy ENV9 (Flooding) indicates that where development is proposed in areas with a history of, or potential for flooding, the Council will require a statement from the applicant showing measures to ameliorate the potential effects of flooding at the site or elsewhere as a result of the development. The submitted Environmental Statement has adequately covered all drainage and flooding matters and both the Council’s Geotechnical Section and SEPA have offered no objections to the proposed development. The application is therefore considered to accord with policy ENV9.

5.23 Policy ENV13 seeks to maintain and enhance the nature resources of the plan area by the protection of habitats, species and natural features which are vulnerable and/or specifically protected, and by a requirement to take account of the needs of wildlife where new development is proposed. Having consulted SNH they have indicated no objections to the proposals. Following further survey work and consultations with SNH and Conservation and

129 Greening the proposed development is considered to have no significant impact on any species located on or adjacent to the site. Conditions are recommended to safeguard protected species at the site. It is also considered that the restoration scheme proposed for the site will represent a significant improvement in the overall natural habitat of the site. The proposals are therefore considered to accord with policy ENVl3.

5.24 Policy ENV21 indicates that the Council will not normally allow development which would have an adverse impact on archaeological sites and industrial archaeological resources and their setting. The West of Scotland Archaeology Service has indicated a requirement for an archaeological watching brief which is covered by a recommended condition. The application therefore accords with policy ENV21.

5.25 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan. The site is zoned as ENV6 (Green Belt) which seeks to manage development in the Green Belt. Policies DSPI (Amount of Development); DSP2 (Location of Development); DSP3 (Impact of Development); DSP 4 (Qual ity of Development); EDI 2C (Promoting Economic Development and Infrastructure; EDI 3C&D (Assessing Economic Development and Infrastructure Proposals); ENV 3 (Assessing Development in the Green Belt and Rural Investment Area) are also relevant to the assessment of the application.

5.26 Policies DSP 1, DSP 2, DSP 3 and DSP 4 apply to all development proposals and cover the strategic nature of developments. The proposed development is for an extension to an existing minerals site and therefore although not within the search area identified for such developments it is considered to accord with NLLP policy. The proposed development and its impacts are considered to be fully mitigated by recommended planning conditions, a section 75 agreement and a bond to ensure the satisfactory restoration of the site. The proposed development is therefore considered to accord with the strategic nature of policies DSP 1, DSP 2, DSP 3, and DSP 4 of the Finalised Draft North Lanarkshire Local Plan.

5.27 Policy EDI 2C states that the Council will seek to direct proposals for extraction to extension areas within, or adjacent to, existing operations, and directing any new proposals for opencast coal extraction to the search area identified in the proposals map. The proposed development is for an extension to an existing mineral extraction site and is therefore considered to accord with policy ED12C.

5.28 Policy EDI 3C states that applications for mineral extraction will be assessed against various criteria including; supply requirements; impacts of the development; measures for restoration, monitoring and compliance. Applications which are not justified in relation to the criteria will be refused planning permission. The proposed development is considered to comply with the criteria outlined in policy EDI 3C as assessed in paragraphs 5.9 and 5.21 above and is therefore considered to accord with policy EDI 3C.

5.29. Policy EDI 3D states that in considering applications for new Material Recovery Facilities, Physio-Chemical Treatment Facilities, and extensions to Landfill Sites, the council will consider various criteria including: EU, National and Regional Guidance on waste, the need for such facilities, and impact of the development. Following consultation with the Waste Management Strategy Section they are satisfied that the applicant has sufficiently addressed all relevant waste issues and the need for the facility within the area waste plan. It is considered that the submitted Environmental Statement has fully addressed all relevant EU, National and Regional guidance on waste and has satisfied our Waste Strategy Section of the need for the facility in terms of the Glasgow and Clyde Valley Area Waste Plan. Furthermore the impact of the proposed development is considered to be acceptable subject to the recommended conditions. The proposed development is considered to comply with the criteria outlined in policy EDI 30.

5.30 SPP4 Planning for Minerals (Sep 2006) promotes a positive, sustainable approach to mineral

130 extraction, and seeks to balance the need for a steady and adequate supply of minerals with the need to protect the natural and built environment and minimise potential adverse impacts on communities. SPP4 requires that where mineral working is to take place close to communities, proposals must address the full implications for such communities in order to minimise local difficulties. It states that planning authorities and operators, in consultation with local communities, should seek to agree a buffer distance that is reasonable, taking into account the specific circumstances of the proposal. This will include its size, duration, location, method of working, local topography and the characteristics of the various environmental effects likely to arise and the mitigation that can be achieved. In relation to cumulative impacts, SPP4 states that planning authorities should ensure that proposals for new development will not lead to a disproportionate burden of negative environmental impacts, particularly where there are already two or more operational or consented sites that could raise similar impacts within 5km of any nearby community. It requires that the developer should demonstrate what measures will be taken to mitigate likely cumulative impacts. The policy also stipulates that once mineral working has ceased the land should be reinstated at the earliest opportunity to a standard suitable for other agreed uses. The proposed development is considered to accord with the terms of SPP4 as the submitted Environmental Statement has fully considered all the criteria as assessed in paragraphs 5.3 to 5.30 above and I am satisfied that the development is acceptable in these terms.

5.31 SPP16 Opencast Coal (Jul 2005) sets out the national planning policy framework for the working of opencast coal. Consistent with putting concern for the environment at the heart of the policy, SPP16 seeks to apply a sustainable approach in determining where opencast coaling may take place. The fundamental provision of SPPl6 outlines that in applying the principles of sustainable development and environmental justice there should normally be a presumption against development unless the proposal would meet one of the following tests:

1. Is the proposal environmentally acceptable, or can be made so by planning conditions and/or agreements?

2. Does the proposal provide local or community benefits which clearly outweigh the likely impacts to justify the grant of planning permission?

In this case the proposals satisfy both tests as the proposed development is considered to be environmentally acceptable subject to recommended planning conditions and legal agreements and the proposal will result in a significant community benefit in that it will ensure the restoration of a site which at present has no prospect for restoration. The proposed development is considered to accord with SPP16.

5.32 SPPlO Planning for Waste Management (Aug 2007) seeks to encourage a move away from landfill toward other forms of waste management infrastructure to treat commercial, industrial and municipal waste. However it recognises that landfill will continue to be required for residual wastes from which no further recyclables, products or energy can be recovered. In relation to landfill, SPP10 identifies that well engineered and monitored landfill sites will continue to be one way of treating and disposing of waste and of recovering land while offering the potential to improve the appearance of land and in some cases to bring land back into productive use. SPPl 0 requires that planning authorities should ensure that landfill proposals, or extensions to existing landfill sites, will not lead to a disproportionate burden of negative environmental impacts on nearby settlements or other sensitive receptors which may include landscape quality. It identifies that this will be particularly important if there are already two or more operational, or consented, sites that could raise similar impacts within 5km of any nearby settlement. Such sites will include other minerals sites and opencast sites. SPPlO identifies that waste management facilities are located as close as possible to where it is produced. It also identifies that where waste management sites may be of more than local importance the planning authority should take account of economies of scale, including the trend towards fewer but larger landfills. However, SPPlO recognises the case for consideration of a buffer zone of

131 about 250 metres between sensitive receptors and operations, and notes that even greater separation distances may arise in connection with landfill sites which may bear the characteristics of mineral operations which may have preceded them. It is considered that the proposed development accords with the terms of SPPlO as the operational MRF will ensure that only landfill of suitable inert materials will be used to fill the existing void. Furthermore the proposals will ensure the restoration of a derelict site back to a productive use which at present has no prospect for restoration. Additionally the cumulative impact of the proposal in terms of other landfill sites in the area and their combined effect has been considered within the ES and by relevant consultees both of which have concluded that the effect of the development is acceptable. The impact on sensitive receptors has been addressed in paragraphs 5.9, 5.15, 5.17 and also in 5.21

5.33 SPP21 Green Belts (Apr 2006) supports mineral workings in the Green Belt that would result in the removal of dereliction, land instability, or poor land drainage provided the site can be reclaimed to a use that is compatible with the key objectives of the green belt policy, commands community support or meets environmental standards agreed by the planning authority. It is considered that the proposed development complies with SPP21 as it will ensure the long term restoration of this derelict site.

5.34 In terms of the consultation responses and issues that have not already been addressed I would make the following comments;The Conservation and Greening Section have concluded that the development will not adversely affect protected species and that the Council are able to determine this application without breaching European Legislation. SNH have conceded that the Council may rely on the advice of their own in house experts on this matter, who they acknowledge have a better understanding of the site and surrounding area.The issues highlighted by Landscape Services, CSFT and SNH regarding the proposed tree planting and the ecological impact of the proposals are noted and can be sufficiently mitigated by recommended conditions; my Protective Services Section, Scottish Water and the Scottish Rights of Way Society have offered no objections to the proposed development. It is therefore considered that all the relevant points can be addressed by the imposition of recommended conditions.

5.35 In terms of the objection raised I would offer the following comments:

1. As indicated at paragraphs 4.1 and 5.18 the Transportation Team Leader has raised no concerns regarding the level of traffic generated, or potential for accidents. Conditions are recommended regarding the installation of proper wheel wash facilities in order to keep the road surface clean.

2. The submitted Environmental Statement is considered to fully address all noise mitigation issues and the Council’s Protective Services Section has raised no concerns regarding potential noise. It is therefore considered that any noise issues can be addressed through recommended planning conditions.

3. The submitted Environmental Statement is considered to fully address the potential for odours emanating from the site and the Council’s Protective Services section has raised no concerns regarding potential for odours. It is therefore considered that any odour issues can be addressed through recommended planning conditions.

4. The concerns regarding the overall appearance of the site during operations is noted, however the applicant proposes a detailed scheme of mitigation which includes advance planting, the use of landscaped bunding, and the positioning of the MRF facility to help reduce the overall visual impact on the area. It is considered that the visual impact of the development is therefore acceptable subject to a detailed scheme for the restoration of the site.

5. The site is currently a non operational minerals site and is therefore presently unsuitable for

132 agricultural purposes. The proposed development would result in the restoration of the site potentially releasing land for agricultural purposes.

6. The Council is aware of the problems with the previous operator of the site and the unauthorised dumping of materials. The current site owner has ceased all works on site, closed the site down, and submitted an application as per the advice of the planning department. The applicant also proposes to re-work the illegally dumped materials and to safely remove any materials that are found to be hazardous as part of the submitted proposals and to properly restore those areas.

7. The concerns regarding drainage issues affecting the site are noted, however, the Council’s Geotechnical Section and SEPA are generally satisfied with the drainage proposals detailed in the ES and have offered no objections to the proposed development.

6, Conclusion

6.1 The proposed development is located outwith a Preferred Area for Opencast Coal Extraction as defined in the Southern Area Local Plan 2008 Proposals Map, however the site has a history of opencast coal operations dating back to 1952 and the principle of mineral operations at the site is already well established. It is considered that the application has shown by the submitted Environmental Statement that the proposed development can operate without unacceptable levels of traffic, noise and vibration, visual intrusion, or adverse effects on the landscape, watercourses, and features of natural and cultural heritage or can be minimised to the extent that their adverse effects would not be significant. The proposals are therefore in compliance with the relevant policies of the Glasgow and Clyde Valley Structure Plan (Third Alteration 2006), Southern Area Local Plan 2008, Finalised Draft North Lanarkshire Local Plan and national planning policy guidance. The proposal will result in a significant community benefit in that it will ensure the restoration of a site which at present has no prospect for restoration and has posed a long standing problem of dereliction at the site. I recommend that the application be approved subject to conditions, a section 75 and 96 legal agreements and a bond to cover site restoration.

133 Application No: S/08/01363/FUL

Date Registered: 15th September 2008

Applicant: Ini Enterprises 3 Iona Quadrant Wishaw ML2 8XL

Agent Stanley C Cook 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Development: Change of Use of Shop to Hot Food Takeaway

Location: 159C Netherton Road Wishaw ML2 OAR

Ward: 20 Wishaw: Councillors Adamson, Love, McKay and Pentland

Grid Reference: 277947654516

File Reference: S/P L/BF/CCA/G F

Site History: No planning applications of relevance

Development Plan: The site is zoned as RTL 6 Secondary, Village and Neighbourhood Commercial Areas in the Southern Area Local Plan

Contrary to Development Plan: No

Consultations: None

Representations: One letter of representation received

Newspaper Advertisement: Advertised on 26th September 2008

134 135 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings stamped approved as part of this permission.

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

3. That noise associated with the air conditioning/ ventilation system or any other plant and any other noise associated with the development shall not give rise to a noise level within any nearby dwelling (assessed with windows open) or other noise sensitive building in excess of the equivalent to Noise Rating Curve NRC 35 between 0700 hours and 2000 hours and Noise Rating Curve NRC 25 at all other times.

Reason: To ensure that the noise associated with the development will be within acceptable limits in the interest of residential amenity.

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

Reason: To define this permission.

Background Papers:

Application form and plans received 1!jth September 2008

Memo from Head of Protective Services received 9" October 2008 Memo from Transportation Team Leader received 22ndSeptember 2008

Letter from Watters, Steven & CO, on behalf of Catherine Kennedy, 159 D Netherton Road, Wishaw, received on 8Ih October 2008

Southern Area Local Plan

Any person wishing to inspect these documents should contact Mr Colin Campbell at 01698 2741 18.

Date: 3 December 2008

136 APPLICATION NO. S108l01363lFUL

REPORT

1. Description of Site and Proposal

1.I This application relates to the change of use from an existing sunbed shop to a hot food takeaway at 159C Netherton Road, Wishaw. The application site is an existing retail Unit located in a row of single storey terraced retail units. The site is bounded by residential dwellings to the south, a car park and Netherton Road to the north with an industrial estate beyond, Carbarns Road to the West and vacant land to the east. At present two existing hot food takeaway units are situated within the row of existing retail units.

2. Development Plan

2.1 The application site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan.

3. Consultations and Representations

3.1 My Transportation Team Leader has no objections to this proposal.

3.2 My Protective Services raised no objections but advised on limits to be placed on cooking odours in relation to this application and noise resulting from the ventilation equipment in association with the proposal.

3.3 One letter of representation has been received following the neighbour notification procedure. The concerns raised can be summarised as follows:

(a) The shopping precinct at Netherton Road is already served by two hot food takeaway premises and it is considered that the addition of a further hot food takeaway shop would place an unbearable strain on the current parking facilities. Given the precincts proximity to the Netherton Road and the roundabout leading to Carbarns Road it is not feasible for there to be on street parking outwith the precinct parking facilities and should this be the case, there would be an adverse impact on the safety of both pedestrians and road users within the precinct and the adjacent public roads. Lack of parking may deter customers from using the objector’s premises.

(b) It is considered that the opening of an additional takeaway would impact on the amenity of the neighbouring businesses and adjacent residencies. It is also of concern that there would be additional noise generated from an additional takeaway.

(c) The area would become unsightly due to the amount of litter generated as a result of an additional takeaway opening.

4. Planninn Assessment and Conclusions

4.1 This application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. Policies RTLG, RTLl 1 and TR13 apply.

4.2 Policy RTLG (Secondary, Village and Neighbourhood Commercial Areas) supports various types of commercial activities including Class 3 Food and Drink where the development does not adversely affect the character and amenity of the Commercial Area and accords with the

137 provisions of Policy RTL 11 (Bad Neighbour Developments). The nearest residential properties are approximately 25 metres to the south of the application site. The property is located within a small neighbourhood commercial area where two similar hot food takeaways exist and it is considered that the proposal hot food takeaway would be acceptable in principle at this location given that it would not significantly alter the amenity of the location.

4.3 Policy RTLl1 states the preferred locations for hot food takeaways include Neighbourhood Commercial Areas. This policy also requires assessment of the resulting retailhon-retail mix of uses, design and transportation issues. The proposed development is within a neighbourhood commercial area and does affect the mix of retail and non-retail uses, but not such that it would justify refusal particularly as the last use was a tanning salon. In terms of design, there are no proposed alterations to the external appearance of the shop unit. Transportation issues are discussed at paragraph 4.4 below. It is therefore considered that the proposal complies with Policy RTL 11.

4.4 Policy TR13 requires assessment of the proposal against various criteria including, traffic generation and its impact on road traffic circulation and road safety. The Transportation Section has raised no concerns with regard to the hot food takeaway being located at this site. There is an existing car park which serves the retail units and it is likely that there will be no detrimental effect on car parking or congestion within the area. The proposal is therefore considered to be in accordance with the transportation requirements of Policy TR13 and RTLI 1.

4.5 A material consideration is the North Lanarkshire Local Plan. Policy RTLB is applicable, which states that planning permission will only be granted for hot food take aways where it can be demonstrated that amenity would not be adversely affected, taking account of the cumulative impact of such proposals. As indicated at paragraph 4.2 above it is considered that the amenity will not be adversely affected.

4.6 In relation to the points of objection I would comment as follows.

As indicated in paragraph 4.4 above the Transportation Section has raised no objections to the proposal and it is considered that the existing car parking facilities at the site are adequate to service the proposed development. It should be noted that no additional floorspace is to be created.

As indicated in paragraphs 4.2 and 4.3 above it is considered that the proposed hot food takeaway would not have a significant detrimental effect on the amenity of the neighbouring businesses and adjacent residencies. Conditions are recommended to control noise resulting from the ventilation system in order that residential amenity is maintained.

Any increase in litter being generated as a result of an additional hot food takeaway is not a material planning consideration.

4.7 In conclusion I am satisfied that the impact of the change of use from an existing sunbed shop to a hotfood takeaway is acceptable from a planning viewpoint and that the proposal complies with Policies RTL 6, RTL 11 and TR 13 of the Southern Area Local Plan. Notwithstanding the objections raised by the neighbour and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.

138 Application No: S/08/01498/FUL

Date Registered: 16th October 2008

Applicant: Ms A Paterson 1 Brannock Avenue Motherwell MLI 5DS

Development: Renewal of Planning Permission for Snack Bar Site

Location: Carpark Adjacent To Spar Carfin Road Newarthill ML15JZ

Ward: 17 Motherwell North: Councillors McAuley, McKenna, Nolan and Stewart

Grid Reference: 277901 659146

File Reference: S/PUBF/5/101/RMC/GF

0 S/07/0152O/FUL Siting of Snack Van - Granted 21st December Site History: 2007

Development Plan: The site is zoned as RTL 6 (Secondary Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan

Contrary to Development Plan: No

Consultations: None

Representations: Two letters of representation received and one petition in support of the application containing 172 signatures

Newspaper Advertisement: Advertised on 30th October 2008

139 140 Recommendation: Approve Subject to the Following Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on the 1Ith December 2011. Any renewal of planning permission requires to be achieved by this date of expiry otherwise the site shall be fully reinstated to its previous condition within 2 months from the date of expiry, to the satisfaction of the Planning Authority.

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

2. That the opening hours of the snack van, for which planning permission is hereby granted, shall be between the hours of 7am and 3pm Monday to Saturday and 8am to 3pm on Sundays.

Reason: To define the permission and in the interest of amenity.

3. That the applicant shall at all times of operation provide litter disposal facilities on the site to the satisfaction of the Planning Authority.

Reason: To ensure the provision of litter disposal facilitiesin the interest of amenity.

4. That the snack van shall only be located within the hatched BLUE area on the approved plans.

Reason: To ensure that disruption to the car park is kept to a minimum and as few spaces are affected as possible at the rear of the site.

Background Papers:

Application form and plans received 16'h October 2008

Memo from Transportation received 25thNovember 2008 Memo from Protective Services received 21" November 2008

Letter from Baker's Oven, 5 Woodilee Road, Newarthill, ML1 5BJ received 1 IthNovember 2008 Letter from Manny Hussain, Newarthill Spar & Post Office, 72 Carfin Road, Newarthill, ML1 5JZ received 24'h October 2008

Southern Area Local Plan

Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17.

Date: 3 December 2008

141 APPLICATION NO. S1081014981FUL

REPORT

1. Description of Site and Proposal

1.1 Renewal of Planning permission is sought for the siting of a mobile snack van within the existing public car park adjacent to the Spar shop on Carfin Road, Newarthill. To the north-east of the site are existing commercial premises and to the south-west is an existing hot food takeaway and other commercial properties. To the south of the site beyond the car park is open space, while to the north are residential properties.

1.2 The snack van is be sited in the south east corner of the car park. Planning permission was previously granted on 21" December 2007 (S/07/01520/FUL) for one year and the applicant wishes to extend the period of consent.

2. Development Plan

2.1 The site is covered by Policy RTL 6 Secondary, Village and Neighbourhood Commercial Areas of the Southern Area Local Plan.

3. Consultations and Representations 3.1 The Transportation Section have no objections to the proposed development 3.2 The Protective Services Section have no objections to the proposal.

3.3 Two letters of representation were received from two neighbouring commercial premises in relation to this application. Their grounds of representation can be summarised as follows.

The snack van does not sit in the correct position as indicated in prior permission and the snack van and owner's car takes up 4 spaces when it was previously indicated that 2 spaces would be the maximum used. A live wire from the snack van is connected to a neighbouring house which the owner does not have permission for. The car park was already oversubscribed before the snack van was in place, however it is now frequented by school children making it a safety hazard. Snack bar is not necessary due to existing food outlets. Other local businesses will be affected detrimentally by the renewal of permission. A height restriction bar has been removed at the entrance to the car park which now allows access for heavy goods vehicles adding to the existing congestion and making the car park dangerous. Increased litter, leading to other problems such as vermin.

3.4 A petition containing 172 names in support of the proposal has also been submitted. This however simply lists names of those who think that the development would be of service to the village. It is unclear when this petition was undertaken as there is no date of when the signatures were collected.

4. Plannina Assessment and Conclusions

4.1 Planning applications require to be assessed against the Development Plan and other material considerations. The proposal is not of strategic significance and requires to be assessed in

142 terms of the Southern Area Local Plan (Deposit Version, 2008). The site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas). Policies RTL 1I (Assessing Applications for Bad Neighbour Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant.

4.2 A material consideration is the North Lanarkshire Local Plan. Policy RTLB is applicable which states that planning permission will only be granted for hot food take aways where it can be demonstrated that amenity would not be adversely affected, taking account of the cumulative impact of the proposal. The snack bar has been operating for a year with no objections therefore it is considered that in accordance with the previous report to committee there is no significant adverse impact on amenity.

4.3 Given that planning permission was previously granted for the proposal at this particular location, the proposed renewal application is considered acceptable in terms of the aforementioned Local Plan Policies.

4.4 The Transportation and Protective Services sections have also not received any objections since the original permission granted (S/07/01520/FUL) and have no objections to this renewal application. However to ensure that local amenity is protected a further one year permission is proposed to further monitor the situation, following which a longer period may be appropriate.

4.5 On the grounds of the objections raised, I would comment as follows:

(a) The site visit conducted did not indicate that the snack bar was sited incorrectly with regards to their permission. A condition has been attached to ensure that the snack van is correctly sited. (b) The live wire connection to a neighbouring house is not a material planning consideration. (c) With regards to the oversubscription of the car park, I reiterate that the Transportation Section have no objections to this proposal. Furthermore there have been no complaints in the past year. (d) Added competition generated by the snack van is not a material planning consideration. (e) The Transportation section have not commented on the removal of the height restriction bar, and this is not considered to be a material consideration in this planning application. (9 With respects to litter, the Protective Services Section have no objections to the proposal. As indicated in paragraph 4.2 the proposal is unlikely to significantly alter the existing levels of residential amenity. Furthermore a condition is recommended to ensure the applicant provides litter facilities.

4.6 Notwithstanding the objections received, the continued siting of the snack van at the site is considered to be acceptable. It is recommended that permission be granted for a further temporary period of 3 years in order that the impact of the proposal can continue to be assessed.

143 Application No: S/08/01506/FUL

Date Registered: 29th October 2008

Applicant: Vodafone Ltd Clo Agent

Agent Mono Consultants Ltd 48 St Vincent Street Glasgow G2 5TS

Development: Installation of a 14.43 metre High Monopole Mast and 2 Ancillary Equipment Cabinets

Location: Bellshill Road Forgewood Motherwell

Ward: 16 Motherwell West: Councillors Kelly, Ross and Valentine

Grid Reference: 274411 658705

File Reference: SIP L/BF/13/14/KDI/GF

Site History: S/07/01333/FUL Installation of 14.7 Metre High Monopole Mast and 2 Ancillary Equipment Cabinets - Approved 7th September 2007

Development Plan: The Southern Area Local Plan zones the site as Policy L 3 (Protected Open Space)

Contrary to Development Plan: No

Consultations: None

Representations: 1 letter of representation received

Newspaper Advertisement: Not Required

144 Produced by PLANNING APPLICATION No. S I08 I01506 I FUL North Lanarkshire Coundl EnvlmnmentalSenicss. INSTALLATION OF A 14 43 METRE HIGH STREET WORKS MONOPOLE AND 2 ANCILLARY CABINETS

EELLSHILL ROAD, MOTHERWELL 181 018% 274274 fax01698403053

145 Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 65134A-001, 65134A-002,65134A-003, and 65134A-004.

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

3. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 22ndOctober 2008 Amended plans received 1 IthNovember 2008

Memo from Transportation Team Leader received 4'h November 2008

Letter from Forgewood Community Council, 24 Talisman Crescent, Woodville Rise, Motherwell, MLI 3YB received lothNovember 2008

Southern Area Local Plan NPPG 19 - Telecommunications Development PAN 62 - Radio Telecommunications

Any person wishing to inspect these documents should contact Mr Kevin Divin at 01698 2741 07.

Date: 3 October 2008

146 APPLICATION NO. S/08/01506/FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks details planning permission for the installation of 14.43 metre high monopole mast and 2 ancillary equipment cabinets at Bellshill Road, Forgewood, Motherwell.

1.2 The application site lies immediately opposite the junction of Milnwood Drive and Bellshill Road located within the Forgewood area of Motherwell. The site lies on the grass verge on the east side of Bellshill Road; with the nearest residential property located with approximately 25 metres to the east and west.

1.3 The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in coverage, which will be of general benefit to business, and domestic users in the area. An ICNIRP compliance certificate was also submitted confirming that the mast is within public health guidelines.

2. Development Plan

2.1 The Southern Area Local Plan zones the site as Policy L 3 (Protected Open Space).

3. Consultations and Rewesentations

3.1 The Transportation Section raised no objections to the proposed telecommunications installation.

3.2 One letters of representation has been received from Forgewood Community Council. The points of objection raised were that:

The proposed structure is completely at odds with its environment and is an unwanted, unneeded carbuncle, a real blot on our landscape and could adversely affect the proposed regeneration and new build development in that area.

These masts are predominantly sited near to areas of deprivation. We do not believe sufficient consideration has been given to alternate sites out with the area. Neither do we believe the case can be made for the need for another phone mast in our area, given that there are already many similar masts in the near vicinity.

We recall that similar applications made by Vodafone and other phone operators have been rejected by Council and for good reason.

3.3 The objector has requested that a site visit and hearing is undertaken, prior to the determination of this application by Committee.

4. Plannina Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development' plan unless material considerations indicate otherwise. The application is not of strategic significance and therefore only requires to be assessed against the relevant Local Plan for this area. In this instance the Southern Area Local Plan is relevant, where the site is zoned as L 3 (Protected Open Space). Policies HSG 7 (Established Housing Areas), CS 6 (Telecommunications Development) and advice set out in NPPG 19 and PAN 62 on Radio Telecommunications are also applicable.

147 4.2 Policy L 3 states that the Council will seek to protect from development formal and informal public, and private open spaces by resisting proposals which would adversely affect such spaces. It is considered that the monopole will cause minimal impact on the character of the green verge given its discrete slimline proportion and the equipment cabinets are only 1.7 metes in height, by 1.4 metres and a depth 0.4 metres with the smaller cabinet measuring 1.1 metres high, 0.4 metres wide and 0.2 metres in depth. Although the application site is zoned as L 3, the wider area falls under local plan policy HSG 7. This policy states that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. It is considered that the proposed telecommunications installation will cause very little impact on the character of the residential area given its discrete, slimline proportions and as such the amenity levels currently enjoyed by the neighbouring residents will be safeguarded. The acceptability of this proposal will be considered in full under policy CS 6 below.

4.3 Policy CS 6 states that the Council will adopt a precautionary approach to new telecommunications development and will seek to locate them primarily in industrial and commercial areas which are not densely populated or contain sensitive uses such as residential areas, schools, nurseries or hospitals. The policy also states that site sharing will be encouraged where it is the best environmental solution, that applicants should demonstrate how the proposal fits into the wider network and make an ICNIRP declaration, stating that the proposal is within acceptable limits in terms of non-ionising radiation. Design and visual impact, and the extent to which more suitable alternative sites exist, are also included in the criteria for assessment under the policy. The nearest residential properties lie approximately 25 metres to the east and west of the application site, and due to the aspect and orientation of these properties, and the difference in ground levels, no windows will look directly on to the proposed mast thus causing no detrimental effects to residential or visual amenity. There are a number of trees adjacent to the site which measure approximately 7 metres high and a number of lampposts that measure 9 metres high, these will reduce the impact of the proposed telecommunications installation. The applicant has provided a supporting statement relating to the siting of the proposed mast and this site was chosen to provide the appropriate network coverage. Details of other sites considered and reasons for discounting them were also provided. The development is therefore considered to be acceptable in terms of Policies L 3, HSG 7 and CS 6.

4.4 NPPG 19 and PAN 62 provides support for telecommunications development where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. It indicates that where the applicant has taken all these factors into consideration, refusal is unlikely to be warranted. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62. Overall, the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate.

4.5 Policy TR 13 (Assessing the Transport Implications of Development) sets out criteria relating to matters including the impact of the development on the road network and provisions made for access, parking and vehicle manoeuvring. As indicated in paragraph 3.1 my Transportation Team Leader has no objection to the proposed telecommunications installation. Therefore, it is considered that the proposal would comply with the criteria set out in Policy TR 13.

4.6 A material consideration in the assessment of the application is the North Lanarkshire Local Plan (NLLP) (Finalised Draft 2008). The site is zoned as HCF 1 (Protecting Residential Areas) in which there is a presumption against developments detrimental to residential amenity in primarily residential areas. Policy EDI 9 (Assessing Utilities Development) is also relevant to the assessment of the application, here the policy states the telecommunication installations would only be acceptable provided that

148 there are no alternative sites; it is unable to share the any existing facilities and the development is sited and designed so as to minimise its visual and environmental impact. Supplementary Information on site selection process, these options and alternatives have been considered in that the applicant assessed the merits of alternative sites. Justification for the inclusion of this site being included within the Vodafone network infrastructure was submitted with the planning application. In this context the proposal is considered to be acceptable. However, the proposed telecommunications installation will cause very little impact on the character of the residential area given its discrete, slimline proportions. Therefore the proposal is considered to comply with policies HCF 1 and EDI 9 of the North Lanarkshire Local Plan.

4.7 With regards to the point made in the letters of objection, I would respond as follows:

i It is considered that the proposed telecommunications installation will cause very little impact on the character of the residential area given its scale and design.

ii Telecommunication masts are sited at certain locations to ensure that adequate coverage is provided for mobile users. Alternative sites were considered by the applicant of which details were formally submitted as part of the application. However, it is considered that the present proposal is in accordance with current local and national planning guidance.

iii There are numerous examples of previous telecommunication planning applications that been approved and refused located within the Southern Area. These applications would have been considered on their own merits against current planning policy and determined accordingly.

4.8 In conclusion, taking account of the development plan and other material considerations, it is considered that in terms of siting and design the proposed development is acceptable and it should not significantly impact on the amenity of the adjacent areas. Therefore, the proposal would conform to policies L 3, HSG 7, CS 6 and TR 13 of the Southern Area Local Plan and national policy guidance in PAN 62 and NPPG 19 Radio Telecommunications. It is recommended that planning permission be granted subject to conditions.

4.9 A site visit and hearing has been requested by Forgewood Community Council, prior to the determination of this application by Committee.

149