North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 9 October, 2002

AGENDA ITEM NO...... I ......

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 9 OCTOBER 2002

Page No. Application No. Applicant Development/Locus Recom mend at ion

5 N/02/00789/OUT HMB Automation Construction of 24 Flats Grant Limited Site at Edward Place Cumbernauld Road, Stepps

14 N/02/00791/FU L R J McKinney Limited Construction of Two Class 3 (Food Grant & Drink) Units (Including Hot Food Take Away), Class 1 (Retail) Unit and Associated Parking, Servicing and Landscaping 6 South Muirhead Road, Seafar, Cumbernauld

21 N/02/00821IFUL John Cannon Extension to Dwellinghouse Grant 49 South Barrwood Road, Kilsyth

25 N/02/00877/FU L Lanarkshire Primary Construction of a Health Centre- Grant Care NHS Trust Welfare Clinic Afton Road, Kildrum, Cumbernauld

32 N/02/00880/FU L Barratt West Scotland Construction of 64 Dwellinghouses Grant Ex-Glenhead Primary School Pine Road, Abronhill, Cumbernauld

37 N/02/00883/FU L Islamic Education Construction of an Education Grant (P) Trust Cumbernauld Centre and Mosque Site to the East of Craighalbert Way Cumbernauld

50 N/02/01019/FUL T Mobile (UK) Ltd Erection of a 17.5 Metre High Grant Telecommunications Mast and Ancillary Equipment Avenuehead Farm, Avenuehead Road, Gartcosh

53 N/02/01131/NID Director Of Education Erection of Nursery Classroom Grant (P) Balmalloch Primary School Kingsway, Kilsyth

57 N/02/01151/FU L Mr & Mrs Rogan Removal of Condition 8 of Planning Refuse Consent N/98/00226/FUL to allow Change of Use from Equipped Play Area to Amenity Open Space Raith Drive, Blackwood, Cumbernauld

62 N/02/01257/FUL Lanarkshire Primary Construction of a Temporary Health Grant Care NHS Trust Centre Site Adjacent to Salvation Army Hall Clouden Road, Kildrum, Cumbernauld

65 ClO2/00769/FUL Stephen Whitehead Change of Use of Factory Unit to Refuse Gymnasium at 260 Main Street, Coatbridge APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 9 OCTOBER 2002

Page No. Application No. Applicant DevelopmentlLocus Recommendation

70 C/02/00925/OUT William John Shaw Erection of Dwellinghouse (In Refuse Clark Outline) - 8 Grahamshill Street, Airdrie

75 C/O2/00945/FU L Orange PCS Ltd Erection of 25 Metre High Grant Telecommunications Monopole and associated Antennas, Transmission Dishes, Equipment Cabinet and Fencing at Terra Tec Rochsolloch Road, Airdrie

80 C/02/00953/OUT John Murphy Erection of 2 Dwellinghouses (In Refuse Outline) at Rowantree Row, Old Biggar Road, Chapelhall

85 C/02/01039/AMD Dundas Estates & Amendment to Planning Permission Grant Development Co. Ltd C/OO/OO917/AMD for Erection of Shops, Flats and Housing Estate at Development Site (including Nos) 102-104 Coatbridge Road, Glenmavis, Airdrie

92 C/02/01081/FUL Mr M McGoldrick Erection of 1.8m High Fence at Grant 26 Dalrymple Drive, Coatbridge

95 C/02/01133/FUL T Mobile Ltd Erection of 17.2m High Grant Telecommunication Mast and Associated Cabinet & Compound - Land North West Of Drumpellier Home Farm, Coatbridge

99 C/02/01156/NID North Lanarkshire Change of Use of Open Space Grant (P) Council Area to Garden Ground (In Retrospect) at 1 Annandale, Greengairs, Airdrie

102 S/01/00862/OUT Mr B & S Hill Construction of 200 Grant (P) Dwellinghouses (In Outline) Land Opposite 117-205 Morningside Road, Wishaw

111 901/01429/FU L George Wilson Erection of 36 Dwellinghouses Grant (P) (Stonehouse) Ltd Land North of Junction of Logans Road with Watling Street, Motherwell

120 S/01/01702/FUL Anell Developments Proposed Shopping Development Grant 648-650 Old Edinburgh Road, Uddingston

124 S/02/00296/FUL M and D Leisure Ltd Erection of 51 Bed Hotel with Grant (P) Lounge Bar, New Connection to Existing Bowling Alley, Formation of New Access and Associated Car Parking Strathclyde Park, Hamilton Road, Motherwell APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 9 OCTOBER 2002

Page No. Application No. Applicant DevelopmentlLocus Recommendation

133 S/02/00425/OUT Lanarkshire Primary Erection of Dwelling Grant Care NHS Trust 187 Station Road, Shotts

137 S/02/00738/FUL Messrs Divine & Gray Erection of 2 No. Single Storey Grant Dwellings Land West of 275 Allanton Road, Allanton, Shotts

141 S/02/00739/FUL Brian Jordan Construction of a Detached 4 Grant Bedroomed Dwelling And Alterations to Existing Farm Building to Create 2 Bedroom Flat Lower Carbarns. Wishaw

147 S/02/0091 I/FUL Taylor Homes Construction of 2 Storey Grant (Scotland) Ltd Dwellinghouse Plot 15 Land SE of 41 North & South Road, Cleland, Motherwell

154 S/02/00947/FUL Taylor Homes Construction of 2 Storey Grant (Scotland) Ltd Dwellinghouse Plot 16 Land SE of 41 North and South Road, Cleland, Motherwel I

159 S/02/00982/ADV Maiden Outdoor Display of Illuminated Advertising Refuse Advertising Hoarding Land at Sub-station Glasgow Road, Wishaw

162 S/02/0 1056/0 UT Mr J Brown Erection of Residential Refuse (P) Development Land West of Hawthorn Avenue Newmains, Wishaw

168 S/02/01130/OUT Job West Construction of Dwellinghouse Grant 145 Mill Road, Allanton, Shotts

173 S/02/01132/OUT Mrs M Thomson Erection of Dwellinghouse Refuse Land East of Hillpark Cathburn Road, Wishaw

179 S/02/01167/F UL Mr & Mrs Hartley Extention to dwellinghouse Grant 10 Prentice Lane, Tannochside

(P) N/02/00883/FUL If approved refer to Scottish Ministers : Contrary to Policy (P) N/02/0131/NID If approved refer to Scottish Ministers : Objections received. (P) C/OO/O1164/MIN If approved Section 75 Agreement to be concluded and Bond agreed. (P) C/02/01156/NID Refer to Scottish Ministers (Objection received) (P) S/01/00862/OUT If approved, S75 Agreement to be concluded and refer to Scottish Ministers : Contrary to Policy (P) S/01/01429/FUL If approved, S75 Agreement to be concluded (P) S/02/00296/FUL If approved refer to Scottish Ministers: Interest in land (P) S/02/01056/OUT If approved refer to Scottish Ministers: Contrary to Policy Application No: N/02/00789/OUT

Date Registered: 13th June 2002

Applicant: HMB Automation Limited Edward Place Stepps G33 6ER

Agent MacFarlane Smith Design 6 Garrell Grove Kilsyth G65 OPT

Development: Construction of 24 Flats

Location: Site At Edward Place Cumbernauld Road Stepps Glasgow

Ward: 70: Stepps (Councillor B Wallace)

Grid Reference: 265567668330

File Reference: N/02/00789/0UT

Site History: No recent history

Development Plan: Site is covered by Policies E.PRO 6 (Areas Unaffected by Specific Proposals) and E.PRO 7 (Development Control in Residential Areas) of the Strathkelvin District Council Southern Area Local Plan adopted May 1983

Site is covered by Policy HG3 (Retention of Residential Amenity) of the Northern Corridor Local Plan finalised draft October 2000

Contrary to Development Plan: No

Consultations: NLC Protective Services (Conditions) NLC Community Services (No response) S.E.P.A.(West) (Conditions) Scottish Water (No objection) British Gas Transco (No objection) The Coal Authority (No objection) Railtrack Scotland (No objection)

Representations: 5 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This planning application seeks to establish the principle of residential use on a site which is currently in mixed use. The application site is made up of 2 parcels of land located on the northern side of Cumbernauld Road, Stepps. Part of the site is currently in residential use and if the development were to proceed, the existing house at 89 Cumbernauld Road would be demolished. The remainder of the \\ ‘i, I Produced by Planning and Environment N/02/00789/OUT Northern Division Hmb Automation Ltd Bron Wav Site at Edwards Place,Cumbernauld Road, Stepps A Construction of 24 flats 1:1250 site is in industrial use being occupied by HMB Automation Limited. Again, if the development were to proceed the existing buildings would be demolished. The proposal is that 4 blocks of flats are constructed on the cleared site. It is proposed that each of the blocks are 3 storeys in height with each containing 6 flats. In total there will be 24 two bedroomed flats. Access will be taken from Cumbernauld Road via Edwards Place which is the existing access to the industrial unit.

The application site is bounded to the north by the rail line and, otherwise the surrounding land uses are residential. The majority of the site is screened from Cumbernauld Road by the existing flats that front the road. The application site has generally a rundown appearance. The ground to the rear of the existing dwelling is generally unkempt and overgrown whilst the largest part of the industrial site appears to be vacant. In addition, there are a number of abandoned pieces of plant stored within the yard area. 5 local residents have made representations regarding this application (4 residents were signatories to one letter) and the points made are discussed in the accompanying report.

I consider the proposed use of the site for residential purposes to be acceptable in planning terms and not inconsistent with either the adopted Strathkelvin Local Plan or NLC's Northern Corridor Local Plan. Accordingly, I recommend that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

1. That before development starts a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-

The siting, design and external appearance of all buildings and other structures; The means of access to the site; The layout of the site, including all roads, footways and parking areas; The provision of open space; The details of and timetable for the hard and soft landscaping of the site; Details for management and maintenance of the areas identified in c), d), and e) above; The design and location of all boundary walls and fences; Other phasing of the development; The provision of drainage works; The disposal of sewage; Details of existing tree, shrubs and hedgerows to be retained; Details of existing and proposed site levels;

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

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

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

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

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

4. That the development proposals to be submitted through the necessary detailedheserved matters application shall be based on the proposals reflected on approval plan dated 9th August 2002 (Amend 4) and shall incorporate the following:

a) no more than 4 blocks of flats b) a maximum of 24 flats c) the buildings being no higher than 3 stories; d) the buildings being orientated in the manner shown on the plan e) on the block closest to Cumbernauld Road, a feature (turret or similar) must be incorporated into the south west corner f) that the roofs will be hipped

Reason: In the interests of amenity

5. That the access details and parking provision shall be to the satisfaction of North Lanarkshire Council as Roads and Planning Authority.

Reason: In the interest of road safety.

6. That notwithstanding the generalities of Condition 1 above, before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason : In the interests of the environment and amenity given the proposed residential use of a site previously used for industrial purposes.

7. That notwithstanding the generalities of Condition 1 above, prior to the commencement of the development hereby permitted, a noise and vibration report taking into account rail noise and vibration from the adjacent rail line shall be submitted for the written approval of the Planning Authority, including any modifications as may be required and the development shall not proceed until such times as any remedial works, mitigation measures or revisions to the layout identified in the report as being necessary to alleviate either noise or vibration associated with the adjacent rail line have been approved by the Planning Authority.

Reason : In the interests of the amenity of residents of the proposed development given the proximity of the adjacent rail line.

8. That any measures to alleviate noise or vibration approved under the terms of Condition 7 above shall be implemented on the site.

Reason : In the interests of the amenity of residents of the proposed development given the proximity of the adjacent rail line

9. That notwithstanding the generalities of Condition 1 above, before the development hereby permitted starts, full details of the design and location of a surface water drainage system to be installed within the application site which must prevent water andlor silt being shed from the site and, except as may otherwise be agreed in writing by the Planning Authority, comply with SEPAs principles of Sustainable Urban Drainage, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason : To safeguard the residential amenity of the area and to ensure that the surface water drainage regime complies with the latest SEPA guidance.

10. That notwithstanding the generalities of Condition 1 above, before the development hereby permitted starts, details of the measures to be incorporated within the layout to secure and formalise the existing pedestrian access routes from the rear of the flats on Cumbernauld Road, shall be submitted for the written approval of the Planning Authority, including any modifications as may be required. Reason : To safeguard the residential amenity of the area, to facilitate the uplift of refuse and in recognition of the existing situation.

11. That notwithstanding the generalities of Condition 1 above, before the development hereby permitted starts, details of a parking layout which includes a minimum of 48 car parking spaces, 8 of which shall be made available for the residents of the existing flats on Cumbernauld Road shall be submitted for the written approval of the Planning Authority, including any modifications as may be required.

Reason : To safeguard the residential amenity of the area and in recognition of the existing situation with regards to the informal use of the application site by residents of the existing flats for car parking.

Background Papers :

Application form and plans received 13th June 2002

Memo from NLC Protective Services received 24th June 2002 Letter from S.E.P.A.(West) received 11th July 2002 Letter from Scottish Water received 19th August 2002 Letter from British Gas Transco received 26th June 2002 Letter from The Coal Authority received 3rd July 2002 Letter from Railtrack Scotland received 19th June 2002

Letter from Mr Cunningham & Miss Marshal1,Flat 0/2, Cumbernauld Road, Stepps, Glasgow, G33 6EP received 1st July 2002. Letter from Mr McFadyen,Flat 011, 95 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 1st July 2002. Letter from Mr Sutherland,Flat 013, 95 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 1st July 2002. Letter from Mrs Calllaghan,Flat 014, 95 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 1st July 2002. Letter from Mr H Kinnaird,97 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 19th June 2002.

Any person wishing to inspect these documents should contact Graeme Lee at 01236 616474. APPLICATION NO. N/02/00789/0UT

REPORT

1. Description of Site and Proposal

1.1. This planning application seeks to establish the principle of residential use on a site which is currently in mixed use. The application site is made up of 2 parcels of land located on the northern side of Cumbernauld Road, Stepps. Part of the site is currently in residential use and, if the development were to proceed, the existing house at 89 Cumbernauld Road would be demolished. The remainder of the site is in industrial use being occupied by HMB Automation Limited. Again, if the development were to proceed, the existing buildings would be demolished. The proposal is that 4 blocks of flats are constructed on the cleared site. It is proposed that each of the blocks are 3 storeys in height with each containing 6 flats. In total there will be 24 two bedroomed flats. Access will be taken from Cumbernauld Road via Edwards Place which is the existing access to the industrial unit.

1.2 The application site is bounded to the north by the rail line and, otherwise the surrounding land uses are residential. The majority of the site is screened from Cumbernauld Road by the existing flats that front the road. There are some mature trees on the northern and western boundaries of the site and also within the site, on the boundary between the existing house industrial unit. If the development were to proceed, the trees within the site would need to be removed. Otherwise the application site has generally a rundown appearance. The ground to the rear of the existing dwelling is generally unkempt and overgrown whilst the largest part of the industrial site appears to be vacant. In addition, there are a number of abandoned pieces of plant stored within the yard area.

2. Develonment Plan

2.1 The adopted local plan is the Strathkelvin District Council Southern Area Local Plan which was adopted in May 1983. This plan zones the site as being covered by Policies E.PRO 6 (Areas Unaffected by Specific Proposals) and E.PRO 7 (Development Control in Residential Areas). Policy E.PRO 7 relates to alterations and extensions to existing residential properties and is not relevant to the application proposal. Policy E.PRO 6 states that the no major change is envisaged, but that applications will be considered on their merits and in terms of local planning criteria. On this basis, and for the reasons detailed below, I am satisfied that the proposed development is compatibie with this policy.

2.2 The most recent statement of policy regarding this site is contained in the Council’s Northern Corridor Local Plan, the finalised draft of which was published in October 2000. This plan identifies the site as being covered by Policy HG3 (Retention of Residential Amenity). This policy seeks to protect residential areas from incompatible developments as well as seeking to protect the established character and amenity of existing residential areas. It is considered that the redevelopment of the application site will not prejudice the aims of this policy.

3. Consultations and Representations

3.1 Two letters of representation were received (one signed by 4 residents) and the points raised can be summarised as follows:

0 The plans are schematic only. No building heights are shown.

Comment: The application is in outline only. 0 Car parking has been permitted to the rear of the existing flats (within the application site) for at least 40 years yet, there appears to be no allowance made within the scheme to accommodate car owners in the existing flats.

Comment: The part of the application site in which this informal car parking takes place is and always has been private ground. The owner of the site has, over the years, repeatedly advised the residents of the existing flats that they had no rights to park on this land. On a regular basis, the owner instructed his solicitor to write to the residents to remind them of this fact. Whether or not this development goes ahead, the owner of the ground could prevent parking on the site at any time by erecting a gate across the access road. Accordingly, the fact that existing residents would lose their informal car parking spaces (regardless of how long this situation may have persisted) would not be sufficient justification to refuse outline planning permission.

In fact, this application affords an opportunity to seek, in part, to regularise this informal parking situation. Given the private status of the site, it would be unreasonable to expect the applicant to provide sufficient spaces within the proposed development to meet all of the parking requirements of the existing flats. However, the development of the site for 24 flats could proceed whilst at the same time an additional 8 car parking spaces could be provided within the site. This matter could be addressed by a planning condition.

It should also be noted that since the completion of the Stepps bypass, Cumbernauld Road itself can no longer be considered as a busy road. Therefore, if car parking has to take place on the main road in front of the existing flats this is no longer such a problem. It is true that at present there is a cycle lane on Cumbernauld Road and that parking in front of the flats would restrict the use of the cycle lane. It should however be noted that the cycle lane is advisory only, in other words, the police do not have the power to move a car parked in this lane. If car parking were to become prevalent then the Council as Roads Authority would need to review the local parking situation and indeed the status of the cycle lane itself.

0 Will temporary parking arrangements be considered whilst site preparation works are carried out?

Comment: Given that the ground is in private ownership this is not a material planning consideration. Whether or not the owner of this ground makes provision for temporary car parking is a matter for the residents to discuss with the owner. As indicated above, in the longer term I consider it desirable to provide some additional car parking spaces as part of this development.

0 The Council should be creating new car parking spaces for the residents of Cumbernauld Road, if this is not done the congestion will occur on Cumbernauld Road and the loss of parking spaces will be detrimental to the value of the existing flats

Comment: As stated above, Cumbernauld Road is no longer a busy road and the Council as Roads Authority will rrionitor the car parking situation. Accordingly, it is not considered that congestion will occur on Cumbernauld Road. The affect of the loss of existing informal car parking spaces on the value of the existing flats is not a material planning consideration.

0 There is no provision within the scheme to allow the existing residents to have their wheelie bins collected from Edwards Place to the rear of their flats as occurs at present. 0 Due to the stairs at the front of the existing flats there is no other location where bins can be placed. 0 What arrangements will be made by the Council to uplift refuse during the construction phase of the proposed development?

Comment: As above, the part of the application site over which the bins are taken is and always has been private ground. Whether or not this development goes ahead, the owner of the ground could erect a fence which would prevent pedestrian access from the rear of the flats. If this were done, alternative arrangements for the emptying of wheelie bins would have to be made by the existing residents. Although not desirable, the bins could be kept on the pavement to the front of the existing flats. If the development does go ahead then I would imagine that, at very least, during the construction phase, the bins will need to be stored to the front. The potential loss of the existing arrangements for the uplift of refuse is not so significant as would justify refusing outline planning permission.

In the same way that this application affords an opportunity to seek, in part, to regularise this informal parking situation. The application also presents an opportunity to formalise the existing pedestrian access to the rear of the flats. By default, if pedestrian access can be retained, then the residents of the flats will have the ability to continue to have their refuse uplifted from the rear of their properties. This matter can be covered by a planning condition.

0 There is a stand of protected trees within the application site

Comment: There are mature trees within the application site on the boundary of the yard area and the existing house at 89 Cumbernauld Road. These trees are not protected and whilst their loss would be unfortunate, it is not of sufficient grounds to justify refusing outline planning permission.

0 There are 2 British Telecom Poles within the application site

Comment: If the development were to go ahead, it would be the applicant‘s responsibility to ensure that any of the utility company’s equipment is protectedlrelocated as appropriate.

0 Loss of privacy and sunlight

Comment: At this stage the application is in outline only so the proper time to consider these matters is at the detailed application stage. That said, I am satisfied that the schematic layout submitted for this site demonstrates that the site can be developed for 4 blocks of 3 storey flats without there being such a significant impact on the existing properties as would justify refusing outline planning permission.

0 Concerns regarding the ability of existing services to cope

No objections have been received from the utility companies.

0 Concerns that supplies to existing houses will be disrupted during the construction phase

Comment: This may well occur but any disruptions will be temporary. This would not be grounds to refuse outline planning permission.

3.2 No objections were received from any of the consultees. Where comments were received the responses can be summarised as follows: Railtrack advise that due to the proximity of parts of the site to the rail line their requirements for construction on or near railway land will need to be met 0 Transco advise that they have plant within the site which will need to be divertedlprotected as appropriate 0 Scottish Environment Protection Agency advise that the surface water drainage scheme must accord with the principles of sustainable urban drainage. Previous uses may have resulted in land contamination and the agencies guidelines for working at construction and demolition sites should be followed.

Comment: Planning conditions can cover these matters

0 My Transportation Section list a number of criteria relating to the access visibility, roads geometry and car parking standards that need to be included within any finalised scheme

Comment: Planning conditions can cover these matters

Scottish Water advise that they have no objections and that the surface water drainage scheme must accord with the principles of sustainable urban drainage and that the developer contacts them with regards to service connections.

4. Planning Assessment and Conclusions

4.1 I am satisfied that the use of this site for residential development is acceptable in planning terms. The schematic layout submitted in connection with the application demonstrates that the site could be developed satisfactorily for 4 blocks of flats. The schematic layout shows that each of the blocks will sit within sufficient open space to ensure that an attractive development will result. It should be noted that the level of open space is unlikely to comply fully with the Council’s policy on open space. Nevertheless, I am satisfied with the layout.

4.2 It is my view that the proposed development is in compliance with both the adopted and finalised draft Northern Corridor-local plan. The replacement of an industrial use with residential use is considered acceptable in planning terms. Also, I consider the development will not adversely affect the current: 1e:;el of amenity enjoyed by existing residents of the area. Indeed, it can be argued that the removal of the industrial use and the redevelopment of this site will improve the general amenity of the area.

4.3 As stated above, and given that the land concerned is in the private ownership of the applicant, the issues of parking, refuse collection and pedestrian access raised by the existing residents are not strictly material planning considerations. At any time, and regardless of whether the development were to proceed, the owner of the site could prevent existing residents taking access and parking on his ground. Accordingly, these issues would not justify a refusal of outline planning permission. Nevertheless, I consider that the proposed development presents an opportunity to formalise the existing situation and planning conditions can be imposed to ensure pedestrian access to the rear of the existing flats is maintained and that some extra parking is provided within the deveiopment.

4.4 There are a number of matters that need to be addressed at the detailed application stage and planning conditions can ensure that the ground conditions of the site are fully investigated. Also, that the potential impacts lhe rail line (noise and vibration) are fully investigated before the development proceeds.

4.5 In conclusion, I am satisfied that the development is acceptable in planning terms and accordingly recommend that planning permission be granted. Application No: N/02/00791/FUL

Date Registered: 19th June 2002

Applicant: R J McKinney Limited 7 Eanhill Holywood BT18 9LQ

Agent Drivers Jonas 50 West Nile Street Glasgow G1 2NP

Development: Construction of Two Class 3 (Food & Drink) Units (Including Hot Food Take Away), Class 1 (Retail) Unit and Associated Parking, Servicing and Landscaping

Location: 6 South Muirhead Road, Seafar, Cumbernauld G67 IAX

Ward: 54: Seafar and The Village (Neil McCallum)

Grid Reference: 276244.67491 6.

File Reference: N/02/00791/FUL

Site History: N/01/00879/FUL Withdrawn Erection of 4 (Class 1) Retail Units, Totalling 1096 Square Metres and Associated Parking and Landscaping

N/OO/O1414/FUL Withdrawn Erection of Retail Unit (376m) and Car Wash Facility

Development Plan: The property is covered by Retail Policies in the adopted Cumbernauld Local Plan.

Contrary to Development Plan: No

Consultations: NLC Housing And Property Services (No Response) NLC Community Services (Comments) S.E.P.A.(West) (Com ments) Scottish Water (Comments) British Gas Transco (No Objections) Scottish Power (No Objections) Strathclyde Police (No Objections)

Representations: 1 Representation Letter

Newspaper Advertisement: 4 September 2002 0EZL:l

VN Comments:

The applicant proposes to erect two restaurants and a retail unit on this site within Cumbernauld Town Centre. One of the restaurants includes provision for a 'drive through' hot food take away. The proposal also include provision for associated parking and landscaping of the site, which is currently occupied by a vehicle car wash. The site also includes a turning area which is in the ownership of North Lanarkshire Council. The turning area is to be re-located within the site as part of the proposals. Two previous planning applications for this site were withdrawn. A number of issues were raised by consultees in relation to the original submission. Amended plans have been submitted which address the majority of these issues, whilst the remainder can be addressed by the implementation of planning conditions.

The development accords with development plan policy and will bring a welcome addition to the range of facilities on offer within the town centre. It is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding, hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) an amended detail for a 1.4 metre high barrier, in the form of a railing to be erected along the boundary of the A801 1 slip road; (e) details of bollards, no less than 1 metre in height, to be positioned at the rear of the proposed turning head for South Muirhead Road to prevent turning vehicles from obstructing the 'drive through' lane.

Reason: To enable the Planning Authority to consider these aspects in the interests of road safety and in the interests of the visual amenity of the site.

3. That within one year of the occupation of the buildings hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 2 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interest of the visual amenity of the site.

4. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of all of the hard and soft landscaping and boundary treatments within the site, approved under the terms of Condition 2, above. Reason: In the interest of the visual amenity of the site.

5. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of Condition 4 above shall be in operation.

Reason: In the interest of the visual amenity of the site.

6. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

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

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

8. That before the development hereby permitted starts, a revised detail of the site layout plan incorporating an improved radius to the access to the drive through lane of the restaurant shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of traffic safety.

9. That no intercom for ordering of take away food shall be installed within the site, without the prior written approval of the Planning Authority.

Reason: To ensure the provision of adequate facilities for vehicles queuing within the site, in the interest of traffic safety.

10. That before any of the units hereby permitted is brought into use, the footway along the frontage of the site on South Muirhead Road, as shown on the approved plans, 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: To ensure the provision of adequate pedestrian facilities within the vicinity.

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

Reason: To enable the Planning Authority to consider these aspects in detail, in the interests of the visual amenity of the site. 12. That before construction of the retail unit hereby permitted starts, full details of the proposed elevations and materials to be utilised in that construction shall be submitted to, and approved in writing by, the Planning Authority, including any modifications as may be required.

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

13. That the opening hours of the retail unit hereby granted planning permission shall be limited to between 8:OO and 18:OO hours, daily.

Reason: To alleviate the demand for parking spaces within the site at the peak hours of restaurant operations.

14. That notwithstanding the content of the approved plans, the further consent of the Planning Authority shall be required in respect of all advertisements to be displayed within the site.

Reason: To define the permission and for the avoidance of doubt.

15. That the existing vehicle turning head on South Muirhead Road shall remain available for public use until the turning head shown on the approved plans is completed and made available for public use.

Reason: In the interests of traffic safety.

Background Papers:

Application form and plans received 12'h June 2002 Amended plans and letter from agent received 21'' August 2002 Memo from Traffic & Transportation Team Leader received 24'h July 2002 Memo from Community Services received 26thAugust 2002 Letter from S.E.P.A. (West) received 18thJuly 2002 Letters from Scottish Water received 12'h July & 1gth August 2002 Letter from British Gas Transco received 28'h June 2002 Letter from Scottish Power received 28'h June 2002 Letter from Strathclyde Police received 1gth July 2002

Letter from Royal British Legion, Per Wm. Anderson, 102 Stonylee Road, Cumbernauld received 17th September 2002.

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. APPLICATION NO. N/02/00791/FUL

REPORT

I. Description of Site and Proposal

1.I The site comprises an existing car wash within the central area of Cumbernauld and includes the existing turning head which forms part of South Muirhead Road. The applicant proposes to erect one retail unit and two restaurants (one of which includes a drive through hot food take away) on the site. The proposal also includes provision for a replacement turning head on South Muirhead Road, car parking, servicing and landscaping of the site.

2. Site History

2.1 Planning application N/OO/Ol414/FUL proposed the erection of a retail unit on the site with the car wash facility being reduced in size and retained on the remainder. The application was withdrawn when the applicant failed to achieve a satisfactory site layout in relation to parking and servicing arrangements.

2.2 Planning application N/01/00879/FUL proposed the erection of 4 retail units. This application was also withdrawn when the applicant failed to achieve a satisfactory site layout in relation to parking and servicing arrangements.

3. Development Plan

3.1 The site is covered by retail policies in the adopted Cumbernauld Local Plan.

4. Consultations and Representations

4.1 SEPA commented on the need for sustainable urban drainage systems to be utilised within the site. Scottish Water commented on their requirements for the provision of water storage and the availability of sewer connections. British Gas Transco, Scottish Power and Strathclyde Police had no objections to the proposals.

4.2 NLC Community Services commented on the need to deter pedestrians accessing the site from the A8011, the need for pedestrian links from the Asda tunnel footpath and South Muirhead Road and the need to incorporate soft landscaping within the car park.

4.3 My Transportation Section raised concerns regarding the site access arrangements, the proposed turning facility, the servicing arrangements the number and layout of parking spaces, the need for improved pedestrian access and the need to discourage access from the A801 1.

4.4 As a result of the advertisement of the application, one letter of representation was received from the occupiers of an adjacent property (The Royal British Legion Scotland). The concerns expressed related to their not receiving notification of the application and the need to ensure that rubbish does not accumulate within their property.

5. Plannina Assessment and Conclusions

5.1 The development accords with development plan policy and will bring a welcome addition to the range of facilities on offer within the town centre. 5.2 Amended plans were submitted by the applicant on the 21st August 2002. These plans addressed the majority of the concerns expressed by consultees, whilst the remainder can appropriately be addressed by the imposition of Planning Conditions.

5.3 The applicant has certified that the British Legion was neighbour notified, and in any case the representation submitted confirms their awareness of the proposals. The concerns expressed regarding the potential for an increase in litter are not a valid planning consideration.

5.3 It is recommended that planning permission be granted. Application No: N/02/00821/FUL

Date Registered: 2nd July 2002

Applicant : JohnCannon 49 South Barrwood Road Kilsyth G65 OEY

Agent lan Keachie 72 North Orchard Street Motherwel I MLI 3JL

Development: Extension to Dwellinghouse

Location: 49 South Barrwood Road, Kilsyth G65 OEY

Ward: 64: Croy And Kilsyth South And Smithstone (Francis Griffin)

Grid Reference: 272525.677397.

File Reference: N/02/00821/FUL

Site History: None

Development Plan: This site is covered by residential policies in the Kilsyth Local Plan 1999 Contrary to Development Plan: No

Consultations: None

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

The applicant seeks permission for the construction of an extension to the rear of a terraced house at 49 South Barrwood Road, Kilsyth. One letter of representation, on behalf of the immediate neighbours, was received from Councillor Griffin, details of which are contained in my report. Despite the concerns of the neighbours, I recommend that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 21st June 2002

Letter from Councillor Griffin, PO Box 14, Civic Centre, Motherwell, MLI ITW received 12th July 2002.

Any person wishing to inspect these documents should contact Mark Thomson at 01 236 616466. APPLICATION NO. N/02/00821/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks permission for the construction of rear extension to a terraced house at 49 South Barrwood Road, Kilsyth. The property is located within an established residential area. The applicant is proposing to construct an extension measuring approximately 3.5 metres wide by 1.5 metres long by 3.5 metres high in order to create a downstairs toilet.

2. Development Plan

2.1 The adopted local plan for the area within which this site is located is the Kilsyth Local Plan 1999. Policy HG3 seeks to protect the amenity of existing residential areas and presumes in favour of extensions to existing dwellings which are in keeping with the scale and character of the dwelling and the surrounding area.

3. Consultations and Representations

3.1 One letter of representation was received from Councillor Griffin on behalf of the neighbouring terraced house occupiers. These properties have a right of access to their rear gardens via the rear garden of number 49. Currently this access is being blocked as number 49 has installed a gate which is normally locked. The Councillor has asked that planning conditions be imposed in order to resolve this situation.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The main consideration in assessing this application is how the proposed extension will impact on the surrounding residential area in terms of scale and design. In my opinion the proposal acceptable.

4.2 Representations received about access rights do not constitute a material planning issue for the Planning Authority to consider during the processing of this application. This is a private civil matter for the occupants of number 49 and the neighbours to resolve. Planning conditions must have a planning purpose and fairly and reasonably relate to the development being scrutinised. Therefore, it would be inappropriate and unreasonable to impose a planning condition relating to access to the adjoining terraced properties.

4.3 Notwithstanding the objection received, it is recommended that permission be granted. Application No: N/02/00877/FU L

Date Registered: 2nd July 2002

Ap pl ican t : Lanarkshire Primary Care NHS Trust Strathclyde Hospital Airbles Road Mothewel I MLI 3BW

Agent Lawrance McPherson Associates Suite 1, Beresford Court 6/8 Beresford Lane Ayr KA7 2DW

Development: Construction of a Health Centre

Location: Welfare Clinic, Afton Road, Kildrum, Cumbernauld G67 2EU

Ward: 53: Kildrum And Park (Margaret Murray)

Grid Reference: 276967.675153.

File Reference: N/02/00877/FUL

Site History: No relevant history

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

Contrary to Development Plan: No

Consultations: NLC Community Services (No response) NLC Housing And Property Services (No response) Historic Scotland (Comments) Architectural Heritage Society Of Scotland (No objection) S.E. P .A.(W est) (No objection) S.E.P.A. (East) (Comments) Scottish Water (No objection) British Gas Transco (No objection) Scottish Power (No objection) The Coal Authority (No objection) Strathclyde Police (No objection) Strathclyde Fire Brigade (No objection)

Representations: 3 Representation Letters

Newspaper Advertisement: 1Oth July 2002

Comments:

This application seeks permission for the construction of a replacement health centre located between Afton Road and Lochlea Road, Kildrum, Cumbernauld. Should permission be granted, the NHS Trust proposes to erect a temporary health centre on a nearby site (planning reference N/02/01257/FUL).

Three letters of objections have been received. The proposal is not contrary to Local Plan policies and, despite the objections, it is recommended that planning permission be granted, subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the health centre hereby permitted is brought into use, the car parking scheme illustrated on the approved plan, together with the provision of an ambulance bay, shall be constructed to wearing course level.

Reason: To ensure the provision of adequate parking facilities within the site, in the interest of other road users and local residents.

3. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs and any window security measures, shall be submitted to and approved in writing by the Planning.

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

4. That within three months of commencement of the health centre hereby permitted, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) details of tree and shrub planting;

Reason: To enable the Planning Authority to consider these elements of the development in the interests of amenity..

5. That within three months of the health centre hereby permitted being brought into use, the landscaping scheme approved in terms of Condition 4 above shall be completed.

Reason : In the interests of amenity.

Background Papers:

Application form and plans received 2nd July 2002

Memo from Traffic & Transportation Team Leader received 15th August 2002 Letter from Historic Scotland received 16th August 2002 Letter from Architectural Heritage Society Of Scotland received 19th July 2002 Letter from S.E.P.A.(West) received 13th August 2002 Letter from S.E.P.A. (East) received 24th July 2002 Letter from Scottish Water received 23rd July 2002 Letter from British Gas Transco received 10th July 2002 Letter from Scottish Power received 10th July 2002 Letter from The Coal Authority received 16th July 2002 Letter from Strathclyde Police received 7th August 2002 Letter from Strathclyde Fire Brigade received 16th July 2002

Letter from Mrs Marion Glackin,l8b Lochlea Road, Kildrum, Cumbernauld received 4th July 2002. Letter from Mrs A McClymont,l8c Lochlea Road, Kildrum, Cumbernauld received 9th July 2002. Letter from Mrs Marion Glackin,l8B Lochlea Road, Kildrum, Cumbernauld, G67 2ES received 1Ith September 2002.

Any person wishing to inspect these documents should contact Mr. Thomson at 01236 616466. APPLICATION NO. N1021008771FUL

REPORT

I. Description of Site and Proposal

1.I This application seeks permission for the construction of a replacement health centre. The existing health centre is located between Afton Road and Lochlea Road, Kildrum, Cumbernauld. The site is surrounded by rows of terraced houses to the north an the south, by an area of open space that was previously a swing park to the west and by Kildrum Primary School to the East. Kildrum Primary School is a Listed Building.

1.2 The existing health centre is a concrete single storey building of a 1960’s design, accessed via Lochlea Road. Car parking for the site is inadequate and the health centre is serviced by one cobbled car parking bay of 20 spaces. These spaces are not dedicated to the centre, although the NHS Trust has a legal right to use them, and they are also used by surrounding residential proprietors.

1.3 The NHS Trust plans to demolish the existing health centre and construct a replacement en situ. The new centre will provide more appropriate accommodation for the services that it is providing. It is not envisaged that its design will lead to an expansion in the number of patients or services provided. Should permission be granted the Trust proposes to erect a temporary health centre on a nearby site (planning reference N/02/01257/FUL).

2. Development Plan

2.1 The adopted Local Plan for the area within which the site is located is the Cumbernauld Local Plan 1993. The application site is located within the area covered by residential policy HG4, which presumes against inappropriate development within residential areas.

2.2 There are no Structure Plan implications

3. Consultations and Representations

3.1 Three objections have been received regarding this proposal. The main points of objection can be summarised as follows:

The replacement health centre will be too large and too busy for this site as it will result in more staff and therefore more patients; That existing access and parking problems will be made worse by the construction work and by the bigger, busier health centre; There is an under provision of parking; There is a conflict between the cobbled spaces between the health centre and Lochlea road; The adjacent houses could be damaged by the demolition and construction work; There will be noise and disruption during construction work and dangerous machinery will be stored within the vicinity of residential properties; The public car parking spaces on Lochlea Road will be unavailable during the demolition and subsequent construction work and consequently other spaces or garages for residents should be provided for the adjoining neighbours; The new access to the car park at the end of Lochlea Road will be a hazard, in particular for children; The swing park adjacent to the application site is to be removed and replaced with a grassy area; 0 Very little information was provided to the notified neighbours 0 A new 2 storey health centre will impact on the amount of daylight reaching the adjacent properties; 0 The new health centre will impact on the value of the adjacent residential properties.

3.2 My Transportation Section has no objection in principle subject to the provision of 32 car parking spaces and an ambulance bay.

3.3 Historic Scotland and The Architectural Heritage Society of Scotland have advised that as this development may affect the setting of Kildrum Primary School, the materials to be used and the hard landscaping should be of high quality. They further advocate soft landscaping to lessen the impact of this new building.

3.4 SEPA, Strathclyde Police, Transco, Scottish Power, Strathclyde Fire Brigade, The Coal Authority and Scottish Water have no objections to this application.

4. Plannina Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicated otherwise. This proposal is in accordance with Local Plan policy.

4.2 The health centre is located adjacent to the "B" Listed Kildrum Primary School. Historic Scotland and the Architectural Heritage Society of Scotland have both asked that the materials used for the hard and soft landscaping features associated with this development be of a high standard so that any impact on Kildrum Primary School is limited.

4.3 The design of the new health centre is acceptable and makes better use of the space it occupies than the existing health centre. The height of the building is 10.5 metres and the building is at least 20 metres away from the properties on Lochlea Road. It is considered that the impact on the three properties across the road from the building will be negligible. There is no front garden ground associated with these dwellings and no windows will directly face the new health centre

4.4 It is recognised that, traditionzlly, there has been an under provision of car parking for staff and visitors to this health centre. This has lead to a conflict between local residents and health centre users over the existirg car parking bays. As the number of users and visitors has increased, and car ownership in the local community has increased, this has also lead to increased congestion along Lochlea Road.

4.5 The Trust is proposing to provide 15 additional parking spaces at the redeveloped health centre. Combined with the remaining 16 existing spaces, the resultant 31 spaces should be adequate, albeit one less than the number sought by transportation. The existing spaces can be used by local residents and are not for the exclusive use of the health centre, and in recognition that there could be a potential problem after the health centre is operational, the Trust have given a written commitment that they will work closely with the Council to address any car parking difficulties which might arise. The Trust have illustrated how additional spaces could be provided on adjacent grobcd in Council ownership and have already contacted the Chief Estates Officer to discuss the potential formation of the additional car parking. The actual parking situation will be moriiiored after the health centre is operational and contact will be made with the Trust as appropiiate. 4.6 It is conceded that there will be some disruption during the demolition of the existing centre and the construction of its replacement. My Protective Services section will monitor the construction works from the point of view of any noise or dust nuisance which might be generated and take the appropriate course of action with the Trust and its contractors should problems arise. Issues relating to public safety will be covered by the appropriate Health and Safety legislation and are not a matter far the Planning Authority to address.

4.7 With reference to suggestions that new car parking spaces or garages should be provided for local residents whilst the construction takes places, this would be outwith the Trust’s ability to provide and the Planning Authority’s power to enforce.

4.8 A concern about the damage to neighbouring properties that may occur during the construction process is not a matter for the Planning Authority to consider. Should any damage to private property occur, then this would be a civil matter for the owner and the Trust to resolve.

4.9 A representation regarding the effect of development on property values is not a material consideration. The Courcil has to determine whether or not the proposal would have a detrimental effect on the arnecity and the locality generally.

4.10 Representations have been made that very little information was provided to the notified neighbours. The applicant +as satisfied me that those with a notifiable interest have been notified. Once members of the public become aware of a planning application, the onus is on them to seek further information on it via the plans submitted to the Planning Authority.

4.1 1 Whilst recognising the concerns of some of the local residents, it is recommended that planning permission be granted to the Lanarkshire Primary Care NHS Trust for the replacement of the Kildrurn Health Centre. Application No: N/02/00880/FUL

Date Registered: 2nd July 2002

Applicant: Barratt West Scotland Mayfield House Maggiewoods Loan Fa1kirk FKI 5SJ

Agent Wilson & Wilson Arnott Grange Maggiewoods Loan Falkirk FK1 5SG

Development: Construction of 64 Dwellinghouses

Location: Former Glenhead Primary School Site, Pine Road, Abronhill, Cumbernauld G67 3BE

Ward: 59: Abronhill Central And North (Elizabeth Irvine)

Grid Reference: 278389.676061

File Reference: N/02/00880/FUL

Site History: No relevant applications

Development Plan: The property is covered by Residential Policies in the Cumbernauld Local Plan.

Contrary to Development Plan: No

Consultations: S.E.P.A. (East) (Comments) Scottish Water (No objections) British Gas Transco (No objections) Scottish Power (No objections) The Coal Authority (No objections) NLC Community Services (No objections)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

The application is for the construction of 64 dwelling units (18 semi-detached and 46 terraced) at the former Glenhead Primary School site, Pine Road, Abronhill, Cumbernauld. The land is being sold to the developer by North Lanarkshire Council. There have been no objections offered by those consulted. SEPA have requested that a Sustainable Urban Drainage System (SUDS) be implemented. Following neighbour notification, no objections were received.

The general principle of residential development is considered acceptable in this appropriately zoned site. The proposed design and layout are acceptable and comply with the development brief. Although North Lanarkshire Council has a financial interest in the site, the application does not require to be notified to the Scottish Ministers as the proposal accords with the development plan and there have been no objections.

Taking all the relevant planning matters into account, it is my opinion that the proposed development at Pine Road, Cumbernauld is acceptable and it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

Reason: To ensure that external materials are appropriate for the site and the general area.

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

Reason: To ensure that boundary walls and fences are appropriate for the site and the general area..

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection ;IT the course of development (d) details of the phasing of these works.

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

5. That, in accordance with the landscape phasing approved under Condition 4 above or within one year of the occupation of the last dwellinghouse within the application site, whichever is the earlier, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved urider Coridition 6 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority. Reason: In the interests of the landscape setting of the site.

6. That before the development hereby permitted starts, a scheme for the provision of an equipped play area shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include :-

a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; c) details of the fences to be erected around the play area; d) details of the phasing of these works.

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

7. That the last 10 dwellings shall not be occupied until all the works required for the provision of the equipped play area included in the scheme approved under Condition 6 above has been completed, or play area completion shall take place within the phasing approved under Condition 6 above, whichever is the earlier.

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

8. That before the development hereby permitted starts, a management and maintenance scheme is submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of :-

a) the proposed parking areas; b) the proposed play area: c) the proposed grassed, Flanted and landscaped areas; d) the proposed fences to be erected along the boundaries;

Reason: To ensure effective future maintenance in the interests of amenity.

9. That the management and maintenance scheme approved under Condition 8 above shall be implemented concurrently with the timing and phasing of landscaping works approved under Condition 4 above and in the case of parking areas, play areas and fences shall be implemented prior to their formation.

Reason : In the interesis 01 tne amenity of future residents.

10. That before the development hereby permitted starts, an amended plan illustrating the finishing and profiling of the parking spaces shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of road safety and to ensure proper parking provision.

11. That no dwellinghouse shall be occupied until the access roads and footways leading from the existing public road to that dwellinghouse have been constructed to base course level. Reason: In the interests of traffic safety and to ensure satisfactory road circulation within the site.

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

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

13. That the drainage works shall be carried out to the satisfaction of the Planning Authority, Scottish Water and the Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems.

Reason: In the interests of amenity and public health in relation to drainage of dwellings, gardens and all hard surfaces.

Background Papers:

Application form and plans received 2Id July 2002

Letter from S.E.P.A. (East) received 22"d duly 2002 Letters from Scottish Water received 1Gt' and 2gth July 2002 Letter from Scottish Water receivlid 16th July 2002 Letter from British Gas Transco received gth July 2002 Letter from Scottish Power received gth Jul; 2002 Letter from The Coal Authority received 11 July 2002

Any person wishing to inspect these documents should contact Marlaine Lavery at 01236 616464. Application No: N/02/00883/FUL

Date Registered: 2nd July 2002

Applicant: Islamic Education Trust Cumbernauld 40 Auld Road The Village Cumbernauld G67 2SF

Agent Archi-Structure 6 Coppice View Bradford West Yorkshire BDIO 8UF

Development: Construction of an Education Centre and Mosque

Location: Site to the East of Craighalbert Way, Craighalbert, Cumbernauld

Ward: 57: Westerwood, Carrickstone And Dullatur (Gordon Murray)

Grid Reference: 274437675802

File Reference: N/02/00883/FUL

Site History: None

Development Plan: Covered by Policy EN31 of the Cumbernauld Local Plan which identifies the application site as being part of a larger area of land reserved for the Town Park

Contrary to Development Plan: Yes

Consultations: NLC Community Services (No response) NLC Education (No response) NLC Housing And Property Services (No response) Royal Fine Arts Commission (Com ments) The Scottish Civic Trust (No objection) S.E. P .A.(W est) (Conditions) Scottish Water (No objection) The Coal Authority (No objection)

Representations: 40 Representation Letters

Newspaper Advertisement: Advertised on 1Oth July 2002

Comments:

This planning application proposes the construction of a Mosque and Islamic Education Centre on land to the east of Craighalbert Way, Cumbernauld. The land, which is presently owned by the Council, is on the periphery of the proposed Town Park. The site will be accessed via Craighalbert Way and thereafter 1 Councillor Gordon Murray E

Produced by Planning and Environmont Northern Division N/02/00883/FUL Bron Way Islamic Education Trust Cumbernauld CUMBERNAULD G67 1DZ A Site to East of Craighalbert Way, Craighalbert, Cumbernauld @hire Tel. 01236 616400 Construction of an Education Centre and Mosque Council Fax. 01236 616420 1:6000 OS Licence LA 09041L * : Objectors via the same short length of road which serves Craighalbert Church. The access to the Mosque will be taken from this road and thereafter by way of an existing public parking area. The proposed development will allow this car park to be retained and planning conditions can ensure that the parking area is upgraded.

The application site is covered by Policy EN31 of the Cumbernauld Local Plan which identifies the site as being part of a larger area of land reserved for the Town Park. As such, the proposed development is contrary to the Local Plan. However, the Mosque carries on the now established theme of civic/public buildings on the periphery of the park. Other recent examples being the new schools at Eastfield Road and the Craighalbert Church.

There have been a number of letters of representation and these are summarised in the accompanying report. I would also advise that a request for a site visit and hearing has been made by both the local member and The Craighalbert Church.

Despite the zoning of the site in the Local Plan, I consider that the proposed use of land on the periphery of the Town Park for another civiclpublic building to be acceptable in planning terms and there are no other material planning considerations which would justify refusing planning permission. If the Committee are minded to grant planning permission then the application will require to be referred to the Scottish Ministers in accordance with the relevant Notification Direction

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

Reason : To ensure that in the interests of the amenity of the area that these aspects are considered in detail and that the chosen materials are of appropriate quality given the nature and location of the proposed building.

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

Reason : To ensure that in the interests of the amenity of the area that these aspects are considered in detail and that the chosen materials are of appropriate quality given the nature and location of the proposed building.

4. That before the mosque hereby permitted is brought into use, the fences and walls, as approved under the terms of Condition 3 above, shall be erected.

Reason : To ensure that in the interests of amenity the approved walls and fences are erected prior to the building being brought into use. 5. That before the development hereby permitted starts a scheme detailing improvements to be made to the junction and spur road (coloured blue on the approved plans) and the car park (coloured yellow on the approved plans) shall be submitted for the written approval of the Planning Authority, including any modifications as may be required. For the avoidance of doubt the scheme will include the following:

a) Full details of the upgrading and improvement works to the car parking area coloured yellow on the approved plans b) The northern radius at the junction of the short spur road and Craighalbert Way (marked blue on the approved plans) should be increased from 6.0 metres to 7.5 metres c) The short spur road (coloured blue on the approved plans) shall be increased in width from 5.5 metres to 6.0 metres d) A 2 metre wide footpath shall be provided along the northern side and for the entire length of the short spur road (coloured blue on the approved plans) to link to the footpath into the proposed town park e) A footpath/footway connection should be provided from the existing footway on Craighalbert Way to the proposed mosque.

Reason : In the interests of pedestrian and road safety

6. That before the mosque is brought into use, the road improvements approved under the terms of Condition 5 above shall be implemented in full.

Reason : In the interests of pedestrian and road safety

7. That notwithstanding what is shown on the approved plans, a revised layout plan detailing the car parking within the application site shall be submitted for the written approval of the Planning Authority, including any modifications as may be required. For the avoidance of doubt the car park shall be laid out in accordance with the following standards:

a) all parking bays should be 2.5 metres wide by 5.0 metres long b) the minimum aisle width between parking bays should be 6.0 metres

Reason : To ensure that a satisfactory car park is provided within the site.

8. That before any work commences on site, full details of existing and proposed ground levels together with details of finished floor levels shall be submitted for the written approval of the Planning Authority, including any modifications as may be required.

Reason : To enable the Planning Authority to consider these aspects in detail and to assess the relationship of the mosque to the adjacent buildings.

9. That upon completion of the mosque the ground levels will accord with the details approved under the terms of Condition 8 above.

Reason : To ensure that the building sits well in the landscape

10. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

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

11. That within one year of the completion of the mosque, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason : In the interests of amenity of the area.

12. That before the development hereby permitted starts, a management and maintenance scheme for all landscaped areas under the control of the applicant shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection 0f:-

a) the grassed, planted and landscaped areas within the application site, and b) any land which is within the applicant’s ownership but outwith the proposed boundary wall

Reason: To ensure that in the interests of visual amenity that appropriate measures are taken to maintain landscaped ground.

13. That following the completion of the landscaping works the management and maintenance scheme approved under the terms of Condition 12 above shall be in operation.

Reason: To ensure that in the interests of visual amenity that appropriate measures are taken to maintain landscaped ground.

14. That any gates erected at the vehicular or pedestrian access to the site shall open inwards.

Reason : In the interests of road and pedestrian safety.

15. That before the development hereby permitted starts, a scheme covering the internal and external use of amplification equipment for the calling of prayers, shall be submitted for the written approval of the Planning Authority, including any modifications as may be required. For the avoidance of doubt the scheme shall include the following:

a) details of the amplification equipment to be used both inside and outside the building b) details of the proposed noise levels which will be associated with the use of amplification equipment at both the noise source and the nearest noise sensitive properties c) details of the format and duration of the call to prayer d) details of the times and occasions when external amplification will be used

Reason : In the interests of amenity.

16. That notwithstanding the generalities of Condition 15 above, and except as may otherwise be agreed in writing by the Planning Authority, the scheme shall include the following:

a) That the use of external amplification equipment shall be restricted to the following times - Friday lunch time, Eid days and during the month of Ramadan b) That on the occasions detailed in a) above, no external amplification will be utilised before 8.00 am or after 8.00 pm c) That on the occasions detailed in a) above, the call to prayer shall be restricted to a verse from the Koran for not longer than 2 minutes in duration Reason : In the interests of amenity.

17. That once the mosque is brought into use, the scheme approved under the terms of Condition 15 above shall be implemented and thereafter the use of amplification equipment shall accord with the parameters defined by the scheme.

Reason : In the interests of amenity.

Note : If the Committee are minded to grant planning permission then the application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

Background Papers:

Application form and plans received 2nd July 2002

Memo from Head of Protective Services received 5th August 2002 Letter from Royal Fine Arts Commission received 16th August 2002 Letter from The Scottish Civic Trust received 22nd July 2002 Letter from S.E.P.A.(West) received 12th August 2002 Letters from Scottish Water 1st and 8thAugust 2002 Letter from The Coal Authority received 11th July 2002

Letter from Craighalbert Christian Fellowship,3 Craighalbert Way, Cumbernaudl, G68 OLS received 17th July 2002. Letter from Councillor Gordon Murray,PO Box 14, Civic Centre, Motherwell, MLI ITW received 18th July 2002. Letter from Mr & Mrs E Campbell,24 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 25th July 2002. Letter from Steven & Carole Reynolds,l24 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 25th July 2002. Letter from Mr & Mrs J T Butler,22 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 25th July 2002. Letter from Marie McConnell,4 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 25th July 2002. Letter from Stephen Charteris,32 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 25th July 2002. Letter from Sarah Marshall,28 Glen Douglas Drive, Craigmarloch , Cumbernauld, G68 ODW received 25th July 2002. Letter from John Turner,l28 Glen Douglas Drive, Craigmarloch , Cumbernauld, G68 ODW received 25th July 2002. Letter from Mrs Lucen Turner,l28 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 25th July 2002. Letter from B Maguire,52 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 25th July 2002. Letter from Alan & Sharon McDade,36 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 25th July 2002. Letter from Mr & Mrs J Cairns,40 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 25th July 2002. Letter from Mrs Gillian Raeside,72 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 26th July 2002. Letter from Margaret A Hinshelwood,32 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 26th July 2002. Letter from Miss A McGrath,27 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODL received 26th July 2002. Letter from Mr & Mrs Allan W Mclntosh,64 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 26th July 2002. Letter from William Hinshelwood,32 Glendouglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 29th July 2002. Letter from Mr & Mrs Henderson,dO Glen Douglas Drive, Craigmarloch, Cumbernauld received 29th July 2002. Letter from lan S Davidson,58 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 29th July 2002. Letter from Mr & Mrs D Hale,36 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 29th July 2002. Letter from Dr Grant T Mclntyre,34 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 29th July 2002. Letter from Maria Bigg,72 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 29th July 2002. Letter from Norma S Sti11,47 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODL received 25th July 2002. Letter from E McCowie,87 Glen Moriston Road, Craigmarloch, Cumbernauld, G68 OEU received 29th July 2002. Letter from Mr & Mrs McLaughlin,44 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 30th July 2002. Letter from Peter Reid,30 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 30th July 2002. Letter from Patricia Munn,28 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 received 30th July 2002. Letter from Helen Gray,58 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 30th July 2002. Letter from Miss R David,26 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 31 st July 2002. Letter from Mr & Mrs David,26 Glen Clova Drive, Craigmarloch, Cumbernauld, G68 ODZ received 1st July 2002. Letter from P Hughes,3 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 29th July 2002. Letter from David W Moore,Craighalbert Christian Fellowship, 3 Craighalbert Way, Cumbernauld, G68 OLS received 12th August 2002. Letter from Craighalbert Christian Fellowship,3 Craighalbert Way, Cumbernauld, G68 OLS received 20th August 2002. Letter from Mr Steven Crawford,l9 Glen Colva Drive, Craigmarloch, Cumbernauld, G68 ODL received 23rd September 2002. Letter from Mr William Rankin,60 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 23rd September 2002. Letter from Mr lain Bennett98 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 23rd September 2002. Letter from Marion Bennett,98 Glen Douglas Drive, Craigmarloch, Cumbernauld, G68 ODW received 23rd September 2002. Letter from Derek McDonald,8 Glen Sannox Grove, Craigmarloch, Cumbernauld, G68 OGH received 24th September 2002. Letter from Mr & Mrs James Wardhaugh,ll Glen Fallcoh Way, Craigmarloch, Cumbernauld, G68 OFJ received 24th September 2002.

Cumbernauld Local Plan adopted November 1993 Any person wishing to inspect these documents should contact Graeme Lee at 01236 616474. APPLICATION NO. N1021008831FUL

REPORT

1. Description of Site and Proposal

1.1 This planning application proposes the construction of a Mosque and Islamic Education Centre on land to the east of Craighalbert Way, Cumbernauld. The land, which is presently owned by the Council, is on the periphery of the proposed Town Park. The site will be accessed via Craighalbert Way and thereafter via the same short length of road which serves Craighalbert Church. The access to the Mosque will be taken from this road and thereafter by way of an existing public parking area. The proposed development will allow this car park to be retained and planning conditions can ensure that the parking area is upgraded.

1.2 There is significant and mature landscaping around the application site, particularly on the Eastfiled Road side, which will be unaffected by the development. However, the proposed development will require some landscaping to be cleared from within the site. The building is to be set towards the south east corner of the site with parking to the front of the building. The plans indicate that there will be landscaping within the site and it is proposed to erect a boundary wall around the site. The building itself is an interesting shape and has typical Islamic architectural features (the dome, Islamic arches and other iconography). The design does not include a minaret.

2. DeveloPment Plan

2.1 The application site is covered by Policy EN31 of the Cumbernauld Local Plan which identifies the site as being part of a larger area of land reserved for the Town Park. As such, the proposed development is contrary to the Local Plan. However, the Mosque carries on the now established theme of civic/public buildings on the periphery of the park. Other recent examples being the new schools at Eastfield Road and the Craighalbert Church

3. Consultations and Representations

3.2 A total of 40 letters of representation were received and the points raised can be summarised under the following headings:

Traffic, congestion, road safety and capacity of local roads to cope with the development

Comment: My Transportation Section has not objected to the proposed development and are satisfied that, with minor improvements to the access road from Craighalbert Way, the development can proceed. Eastfield Road is a Town Distributor road and as such has been designed to cope with large volumes of traffic. In any event, the traffic associated with the Mosque will not generally be during peak times - the main time of worship in any week is at Friday lunch time and comprises 10 minute prayer followed by a short speech by the preacherlholy man. This is not any different to a Sunday Church service. Prayers are held at other times through the week and as such the Mosque will be available to worshippers on a 7 day a week basis. However, the numbers attending prayers at times will be significantly less than Friday lunchtimes.

There is not a significant local population of Muslims within the Town - the mosque should be located closer to Muslim Communities. The mosque is intended to cover the whole of North Lanarkshire.

Comment: This is not a material planning consideration. I would however advise that there have been plans for a Mosque in the Town dating back to the early 1990’s. In 1996 Cumbernauld Development Corporation granted permission for a Mosque in Greenfaulds (this approval has now lapsed). The Council was approached some 2 years ago to see whether or not it could assist in finding an alternative site. This process resulted in the application site being identified. The applicants advise that the Mosque is for the local population and will not draw from a wide area. Members will no doubt be aware that a Mosque is currently under construction in New Stevenston.

0 Lack of amenities for local childrenllimited community facilities in the area.

Comment: The new schools, which are nearing completion, are dual use schools i.e. after the school day is over the schools become community facilities. The halls and the sports facilities will be available to local residents.

0 Over concentration of facilities in this part of the town - new school, 24 hour Tesco, Football Stadium, pubs etc. Over the last 6 years there has been a significant change in character of the area

Comment: With the exception of the construction of housing on the former school sites and to the rear of the hospital and the construction of the schools and church on the periphery of the town park, the north of the A80 has been developed in accordance with the provisions of the Cumbernauld Local Plan. Therefore, when buying their properties 6 years ago, current residents of the Craigmarloch area should have been aware that, over time and as the plans for this part of the town were implemented, the area would under go significant change. The implementation of the plans will have had an impact on the traffic. The facilities highlighted by local residents are in keeping with a town of Cum bernauld’s size.

0 Loss of amenity. Noise from the mosque (particularly when prayers are called), disturbance 7 days a week, increase in traffic noise.

Comment: I do not consider that the proposed development will have a significant effect on local amenity. The building will sit in behind an established landscape belt which runs alongside Eastfield Road. The majority of the nearby residential properties are themselves located behind a landscape belt.

The applicant’s agent has indicated that for the majority of the time the call to prayers is done internally within the building with no need for external amplification. The applicants would, however, like to be able to utilise external amplification on Friday lunch times, Eid days (7 days a year) and during the month of Ramadan. They argue that the external call to prayers is no different to the ringing of church bells on a Sunday and at Christmas and other Christian festivals. I would agree with this and consider that, through the use of planning conditions the noise levels of both internal and external amplification can be controlled satisfactorily.

0 Due to recent world events this type of building is causing concern to local residents

Comment: This is not a material planning consideration.

0 All the residents of Cumbernauld should have been advised of this development and public meetings should have been organised

Comment: It is not the Council’s Policy to seek the views of local residents on Planning Applications by way of public meetings. In this case, the application was advertised in the Local Press as being potentially contrary to the local plan. In this way, the local population were made aware of the proposed development. 0 A site which is greenball: should not be used -there are plenty of brownfield sites in North Lanarkshire. The site is zoned as town park in the local plan and the loss of more land from the moposed park.

Comment: The site is .*io'. zoned as Greenbelt in the local plan. Within Cumbernauld there are very few iro..vnfield sites and in any event, the use of land on the periphery of the Town Park for c;\iic/publie buildings has already been established as being acceptable in planning terms. Tksit's totals approximately 1.84 acres and as such is only a small parcel of land when i:ci71pared to the 83.4 hectares of land originally set aside for the town park. Even if the loss of land to the new schools and the Craighalbert Church is taken into accoun: 'here is sufficient land remaining to allow a significant park to be created.

0 Cumbernauld is airway littered with planning disasters dating back to the 1960's. Visual impact of thb E iosqlse - the dome will project well above the line of the surrounding trees. Irn,salct of the building on the environment. The design of the building is out of cnar,:~;Yer with the area

Comment: A purpl..!. 4: t NI mosque will inevitably be architecturally and visually different to the other buildings rr hie Cralgmarloch area. The building will look like a mosque and it is correct that ,t . ully ao so The schools, the Craighalbert Church and the Craighalbert Centre 4 /I m9iitecturally quite different buildings and yet, individually and collectively, these IJL~~~,gs contribute to the setting of the proposed Town Park and act as landmarks in this pci't of the town. The mosque will be no different. The top of the dome of the mosqu? WI" be 13.5 metres in height which is only 2 metres higher than the spire on the existil-19 ii1.J CII. Also, the mosque will sit on lower ground than the church. The Mosque IS SL ,~i;(;k frcm Eastfield Road and not immediately adjacent to the landscape belt s; a-1 rut cwvinced that the dome will be visible above the trees. Even if it were, this would rici; c;f boncern to me as a public/civic building such as this should not be hidden awav ., hlosque will be visible from Eastfield Road as you climb the hill from Craigmarloch r ,A smut towards Craighalbert roundabout, on the approach to the roundabout from Cwynariocn itself and from Craighalbert Way itself.

0 The total loss of I!%; la: dscaping belt on Eastfield Road is unacceptable

Comment: This is ;c xiis proposed - the planning application boundary does not include the landscax belt rhst runs alongside Eastfield Road. This landscape belt will remain in the ccrritrc! ai : owyret-ship of the Council. There is existing landscaping within the site which will be 1-3: uvw if the development proceeds.

0 Loss of access to tne 'R'OV" Park

Comment: This w~ll ".I 8 IC:~.,UI. The existing footpath and public car park will be retained. The potential to fc:Yiw 2 :od into the town park along the line of the existing footpath between the churcii arc! the Mosque will be safeguarded by conditions on the planning

permission and on l l 3 ~eds.

North Lanarkshrft! Lh;LIi115d should be putting something back into the local community ratkm .ttiJ' reliitrg land to the highest bidder

Comment: This is ncii 13 material planning consideration. The land will be sold to the applicants on the i;"mti' 'vsk % the Council sold the land to the existing church. In short, there are special c:u,Ciiiisk:ric-swhereby the sale of publicly owned ground to community uses can proceed Y?'T~:~!the sites being sold at full development value. 0 The proposed use wiil conflict with the operation of the adjacent Church which is used on a 7 day a wmk basis

Comments. I disagree with this statement. My Transportation Section have considered the proposed mosc it- i being operational on a 7 day a week basis and have concluded that the local road. :xi crl)rrrnodate the proposed use.

The sale of this gmi~dand the proposed development may hinder the ability of the Church to expand

Comment: This is not ::, n-laterial planning consideration and in determining the current planning applicatior; it \v/,.:ulc/ be improper for me to consider what may or may not happen on ground outwith :he blZin!-lingapplication site.

0 There are 3 water m,ait.s crossing the site

Comment: Scottiw 'j?'~iE:r cava not objected to the proposed development

0 Disturbance, loss of amenity and congestion during the construction of the Mosque

Comment: Any such ::i iurbarice would be temporary only and would not justify refusing planning perrnissici

0 There are 210 parkiF ::, S[ETC~!Rat the proposed mosque

Comment: This is icjt tr (3 case the plans lodged by the applicant show 121 spaces.

3.2 There were no objection? 'r.STI 41-yof the consultees and where comments were received they can be summarised as folIo\v.

0 My Transportation r-'w3.ton have not objected to the proposed development and have indicated that micor impr>vements are required to the geometry of the spur road from Craighalbert Way. The ex stmq c2r park should be upgraded.

Comments: Plans,irl;]cr)! ~hmscan secure the required road improvements.

0 The Scottish Civic Trl :., 3:ltisa ihat they find the architecture of the mosque to be very interesting. The use of hi(x IS not inconsistent with the environment within which the building is to sit, but <;isI >2of Glass Reinforced Plastic (GRP) for the dome is questioned. A copper dome woe ti ue 'IW preference.

Comments: Plarinir,q cor.ditions can ensure that the quality of materials used will result in an attractive building, -!':.ie applicants were asked to consider the use of copper for the dome, but have advisecl :rix GKP has been approved for use elsewhere (including the mosque at New Ste\w.:8ii.i!l) ani will otherwise result in an attractive finish.

0 Scottish Water adw: t; a SI twinable urban drainage system may be required and that there are existing water lriains within the site over which no buildings should be erected.

Comments: The apAir.r,r.i's are aware of the water mains and the position of the building within the site has b6:~--I Imic;c,c! oy the mains.

0 The Royal fine Art:. Ccr:irrris:iion express concern that the materials chosen for the mosque may not he oi ~~'ficientquality to ensure that the resulting building is a good example of mosque Mfiirgs Landscape proposals will need to be examined carefully to ensure that the builcji-g bts well within the landscape (especially when viewed from the proposed town park and :i-i$ access footpath to the park).

Comments: As stated ;~bme, planning conditions can ensure that the quality of materials used will result in an i:l::.ac,tive building. Appropriate landscaping can be secured by planning condition.

Scottish Environmwrib Protection Agency advise that a sustainable urban drainage system (SUDS) will 129 r?q,iired

Comments: Plannii;t, ccm Jitions can ensure that a SUDS scheme is installed.

4. Planning Assessment a~:c&~nc~usions

4.1 The proposal to construe: a fJ~qireat this location has caused concern to local residents and to the existing Craighalbert Liidrch. i have already given my views on the points of objection, but think it worthwhile to k1t.i ale ihe key points. My Transportation Section does not object to the proposed developmw. I"hepefore, a refusal of planning permission on the grounds of increased traffic, the cay;is':~t of local roads or traffic and pedestrian safety would not be justified nor could it be susairled at appeal.

4.2 The Mosque follows the rei:c?-'li: pattern for publickivic buildings around the periphery of the proposed Town Park. .': /1c;'era;e, despite the zoning of the site (as part of the larger site identified for a town par mnernauld Local Plan) I consider the Mosque in this location to be acceptable in pia!:

4.3 Many of the letters of re','6st:! ,,ia.tia.i rnake reference to the change in character of this part of the town, particularly i-1 ii9 ; 5 years. Six years ago the Craigmarloch and Carrickstone areas had not been fuiiy (wik XI. Vdrth only a few exceptions (housing on the surplus school sites, the school itself, i rais Ice+ Church, and the housing to the rear of the hospital) this part of the town has ~EIL!'I :~~v~!spiin accordance with the provisions of the Local Plan. Therefore, anyone W;IO ~L~K;/x.:,~G i iiouse in this part of the town should have been fully aware that over time ths area w continue to develop and that inevitably traffic levels would increase. I do not consickr cld;;.onal traffic that would be associated with the mosque to be

so significant as to be 011'. cl' .deiwith the area or such that any loss of amenity associated with the traffic to be sc :ii:;!i i as ivJould justify refusing planning permission. In particular, it should be noted thai Llx !:!I?::*.iv.ll ;irrive and leave this part of the town via a town distributor road and will access the mosqiie via Craighalbert Way which is a non residential road.

4.4 Given recent world events, 11i uerhqx unsurprising that a number of points which were made in the letters of represcrdat L I 3.c not material planning considerations. As is proper, I must restrict myself to the COT~,I.,: . tuI :i !he proposed development in planning terms and advise the committee that or, ,I . io>, consider the proposed development to be acceptable. Therefore, I recornmeiic L- L;~~rii(ig permission be granted.

4.5 The Committee shoulcl :i~~.;,ixi! Gie Local Member and The Craigmarloch Church have requested that a Site V:s, :.i!ld ! imri:ig takes place. Also, if the Committee are minded to grant planning permission ';h~:' tr-ic' ,qw:icamn will require to be referred to the Scottish Ministers in accordance with the re:&vLi;2t !. A i&icn Direction Application No: N/02/01019/FUL

Date Registered: 24th July 2002

Applicant: T Mobile (UK) Ltd Imperial Place Maxwell Road Borehamwood Herts WD6 IEA

Agent APT Marconi 1 Street Kinning Park Glasgow

Development: Erection of a 17.5 Metre High Telecommunications Mast and Ancillary Equipment.

Location: Avenuehead Farm, Avenuehead Road, Gartcosh, Glasgow G69 8HN

Ward: 67: Moodiesburn East And Blackwood West (William Hogg)

Grid Reference: 2701 32.67001 3

File Reference: N/02/01019/FUL

Site History: No relevant history

Development Plan: This site is covered by Greenbelt policies in the Northern Corridor (Finalised Draft) 2000 Contrary to Development Plan: No

Consultations: NLC Community Services (No response)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a 17.25 metre high telecommunications mast and associated equipment at Avenuehead Farm, near Moodiesburn.

The applicant has confirmed that the equipment will comply with ICNIRP guidelines for public exposure to electromagnetic fields.

The site is an established area for telecommunications masts. Three are currently located there, although Dolphin Telecommunications Ltd is in liquidation and their mast is no longer operational. The landowner is currently pursuing its removal. The style of mast is not incongruous with the existing masts at this location. Produced by Planning and Environment NIWOI 019IFUL Northern Division T Mobile (UK) Ltd Bron Way Avenuehead Farm CUMBERNAULD Avenuehead Road G67 1 DZ Tel. 01236 616400 A Gartcosh Fax. 01236 616420 15000 17.5 Metre Hiah Telecommunications Mast No objections have been received. The proposal is not contrary to Local Plan policies and it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, full details of the final colour to the used on the telecommunication equipment, associated equipment and other features 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 this aspect in the interests of visual amenity of the site and surrounding area.

3. That in the event that the equipment becomes redundant, it must be removed and the site re- instated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure re-instatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 24th July 2002

Memo from Traffic and Transportation Team Leader received 19th August 2002

Any person wishing to inspect these documents should contact Mr. Thomson at 01236 616466. Application No: N1021011311NID

Date Registered: 14th August 2002

Applicant : Director of Education North Lanarkshire Council Kildonan Street Coatbridge

Agent Head of Design Services Department of Housing & Property Services North Lanarkshire Council Phillip Murray Road Bellshill ML4 3PA

Development: Construction of a Nursery Classroom

Location: Balmalloch Primary School, Kingsway, Kilsyth G65 9UJ

Ward: 65: Quenzieburn And Kilsyth West (Jean Jones)

Grid Reference: 271493.678391.

File Reference: N102/01131/NID

Site History:

Development Plan: The site is covered by a policy in the Kilsyth Local Plan seeking joint educational and community use of buildings and facilities.

Contrary to Development Plan: No

Consultations: NLC Community Services (Comments) Scottish Water (No Objection) The Coal Authority (Com ments) SportScotland (0bjection)

Representations: None Received

Newspaper Advertisement: 28'h August 2002

Comments:

The application is for the construction of a single storey nursery classroom building on part of the unused football pitch adjacent to Balmalloch Primary School, Kingsway, Kilsyth.

The key issues in the determination of this application are, firstly whether or not the principal of the development is acceptable, and secondly the loss of the football pitch. Produced by Plannina and Environment Northern Division N/02/01131/NID Bron Way CUMBERNAULD Director of Education G67 1 DZ rbhire Tel. 01236 616400 A Balmalloch Primary School, Kings Way, Kilsyth Council Fax. 01236 616420 1:2500 OS Licence LA 09041L Erection of Nursery Classroom There are no basic objections to an expansion to the curtilage of Ballmalloch Primary School to accommodate an additional classroom. As the site lies between the Primary School and Kilsyth Academy there are no adverse effects on adjacent residents. Although the expansion will block an existing publicly used footpath, a replacement footpath skirting the site is proposed. My Transportation Section has no objections to the proposal.

The development raises a problem in that it is located on the Primary School's football pitch. Sport Scotland have objected on the basis that the development is contrary to National Planning Policy Guideline 11 : "Sport, Physical Recreation and Open Space", which presumes against the redevelopment of school playing fields. They point out the adverse health consequences of low levels of physical activity. SportScotland also comment that although the football pitch is badly drained and as a consequence under used, this could be remedied. They also consider that the adjoining blaes pitch at Kilsyth Academy is an unattractive and unsuitable facility for children of primary school age.

The proposal conflicts to some extent with the Kilsyth Local Plan Policy CF 5, which presumes against development affecting sports facilities.

Although the football pitch issue is significant, it is not considered that this should prohibit a grant of permission. The nursery classroom is part of the Balmalloch Primary School operation and, as such, requires to be within or adjacent to the school grounds. It is not possible to build within the grounds as this space is required for car parking. The football pitch is not actively used due to drainage problems. There is no proposal to form a new sports pitch in view of lack of space and resources. Primary school children will have access to the Kilsyth Academy football pitch.

Taking the above factors into account, I recommend that planning permission be granted. In view of the outstanding objection from SportScotland the application requires to be notified to the Scottish Ministers under the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981 if the Committee accepts my recommendation.

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

Reason: To ensure that fencing and walls are appropriate for the site and the general area.

3. That as shown on the approved plan public footpath access shall be maintained between Highland Park and Neilston Walk.

Reason: To ensure public footpath access between Highland Park and Neilston Walk.

Note to Committee

This application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981. Background Papers:

Application form and plans received 14th August 2002

Memo from NLC Community Services received 12th September 2002 Letter from Scottish Water received 6th September 2002 Letter from The Coal Authority received 29th August 2002 Letter from SportScotland received 9th September 2002

Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459. Application No: N/02/011 5l/FUL

Date Registered: 20th August 2002

Applicant: Mr & Mrs Rogan 11 Raith Drive Blackwood Cumbernauld G68 9PF

Development: Removal of Condition 8 of Planning Consent N/98/00226/FUL to allow Change of Use from Equipped Play area to Amenity Open Space

Location: 11 Raith Drive, Blackwood, Cumbernauld G68 9PF

Ward: 67: Moodiesburn East And Blackwood West (William Hogg)

Grid Reference: 271 8889 6740765

File Reference: N/02/01151/FUL

Site History: N/97/00327/FUL - Planning Permission granted for the Erection of 164 Houses, Formation of Roads, Landscaping and Play Area

Development Plan: The application site is covered by Housing Policy HG5 and Public Services Policy PS 2 of the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations: NLC Community Services (Comments)

Representations: 3 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the removal of Condition 8 of Planning Consent N1981002261FUL in order to allow for the removal of an equipped play area and its change of use to an area of amenity open space.

Two letters of objection and one petition of 30 signatories in support of the application have been received. The proposal is contrary to approved Council Policy on the provision of play areas in new residential developments, is contrary to Local Plan policy and would be to the detriment of the amenity of the housing estate. The local member, Councillor Hogg, has requested a Site Visit and Hearing.

It is recommended that planning permission be refused. Produced by Planning and Environment N/02/01151/FUL Northern Division Mr & Mrs Roaan Bron Wav Raith Drive, klackwood, Cumbernauld rkshin? A Change of use of Play Area to Amenity Open Space Cnundl 1:1250 * : Objectors Recommendation: Refuse for the Following Reasons:.

1. The removal of the play equipment will be to the detriment of local children since it is the only equipped play area in the Raith Drive section of Blackwood, a housing estate which suffers from a lack of play area provision. 2. That the removal of the play equipment is contrary to the Council's "Open Space Guidelines: Active Play/Open Space" for new residential developments.

3. That the removal of the play equipment is contrary to Public Services Policy PS 2 of the Cumbernauld Local Plan 1993, in that it would lead to the removal of a facility provided for the public.

Background Papers:

Application form and plans received 20th August 2002

Memo from NLC Community Services received 12th September 2002

Letter from Mr 8 Mrs Rogan & 30 Signatories,ll Raith Drive, Cumbertnauld, G68 9PF received 16th August 2002. Letter from Mrs L McNaught,83 Raith Drive, Lochpark, Cumbernauld, G68 9PE received 17th September 2002. Letter from Persimmon Homes, Persimmon House, 77 Bothwell Road, Hamilton, ML3 ODW received 13th September 2002.

Any person wishing to inspect these documents should contact Mr. Thomson at 01236 616466. APPLICATION NO. N102101ISllFUL

REPORT

1. Description of Site and Proposal

1 .I This application seeks permission for the removal of Condition 8 of Planning Consent N/98/00226/FUL to allow for the removal of an equipped play area and its change of use to amenity open space. The applicants state that the play area is being used by youths engaging in anti-social activities.

1.2 Planning permission for a housing development was granted to Barratt in January 1998 (No.97/00327/FUL). Amendments were made by Tillbury Douglas and permission was granted in February 1998 (N/98/00226/FUL). Condition 8 of the consent ensured the provision of play area in accordance with the approved plans.

1.3 The play area is located at the end of a cul-de-sac in Raith Drive, Blackwood,

2. Development Plan

2.1 The adopted Local Plan for the area within which the site is located is the Cumbernauld Local Plan 1993. The application site is located within the area covered by policies, which presume against inappropriate development within residential areas and Policy PS2, which seeks to provide community facilities for the Blackwood residential area.

2.2 There are no Structure Plan implications

3. Consultations and Representations

3.1 A petition with 30 signatures in support of the application has been submitted by the applicants. The signatories argue that the play park has attracted young people drinking alcohol and carrying out anti-social behaviour. The police have been notified of this behaviour and have been unable to prevent it. The objectors claim that removing the equipment should prevent these youths gathering in this location.

3.2 Two letters of objection have been received regarding this proposal. One is from Persimmon Homes (successors to Tilbury Douglas) who built the housing estate and the play area. They argue that the removal of the play area would be to the detriment of the amenity of the wider area. Furthermore, Persimmon state that since it was Council policy which required the play area in the first place, if it is subsequently removed then Persimmon should be compensated for cost that they have incurred in its construction.

3.3 A second letter of objection has been received from one of the residents of Raith Drive, the main points of which can be summarised as follows:

0 That the people applying for permission to remove the play area have put their house up for sale, so the play area may no longer be an issue for them; 0 The play area was included in the plans for the housing estate, so people would have been aware of it before they purchased their houses; 0 The residents of the whole estate have all paid a factoring fee of f 100 - if the play area was to be removed will this be reimbursed? 0 Unsociable behaviour at the play area is a Police matter; 0 Removing the play equipment will be to the detriment of the children of the whole street and the wider neighbourhood who use it. 3.4 The Council’s Community Services Department objects to this application as this is the only children’s play facility in the whole Blackwood area. Its removal would be to the loss of the wider community.

4. Plannina Assessment and Conclusions

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

4.2 The Local Plan covering the area is the Cumbernauld Local Plan 1993. The site is located within an area covered by Public Services Policy PS2 which seeks to ensure the provision of proper community facilities for the Blackwood area. The removal of the play area would be contrary to this policy.

4.3 North Lanarkshire Council has also adopted an Open Space / Play Area Policy for all new residential developments. This seeks to ensure that all new housing developments make open space and play provision for the future residents. In line with this policy, Persimmon Homes have recently completed the housing at Raith Drive and installed the play facilities required of them in the planning consent (N/98/00226/FUL). The removal of this facility would be contrary to approved Council Policy.

4.4 Representations have been received pointing out that whilst the removal of the play area would perhaps benefit the immediate neighbours it would be to the detriment of the amenity of the rest of the neighbourhood. The Play Services Manager from the Council’s Community Services Department points out that these are the only children’s play facilities for the whole Blackwood area.

4.5 The applicants are applying to have the play area removed because they argue that it is now a place for youths, engaging in anti-social behaviour, to loiter in the evenings. They claim that removing the equipment would remove the convenient place for these youths to congregate. The controlling of anti-social behaviour is a matter for the Police to enforce and it is my opinion that any attempt to control this behaviour using the planning system is inappropriate.

4.6 Representations received about the reimbursing of money to residents of Raith Drive in connection with factors’ fees, or matters to do with financial compensation to Persimmon Homes should the swing park be removed are not material considerations for the Planning Authority to take into account in their determination of this application.

4.7 In conclusion, while recognising the temporary problems which can be generated by the provision of equipped play areas in housing estates, it is recommended that planning permission be refused on policy and amenity grounds. Application No: N/02/01257/FUL

Date Registered: 11th September 2002

Applicant: Lanarkshire Primary Care NHS Trust Strathclyde Hospital Airbles Road Motherwell MLI 3BW

Agent Lawrence McPherson Associates Suite 1 Beresford Court 6/8 Beresford Lane Ayr KA7 2DW

Development: Construction of a Temporary Health Centre

Location: Site Adjacent to Salvation Army Hall, Clouden Road, Kildrum Cumbernauld

Ward: 53: Kildrum and Park (Margaret Murray)

Grid Reference: 277081 675040

File Reference: N/02/01257/FUL

Site History: No relevant history.

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

Contrary to Development Plan: No

Consultations: S.E .P.A.(W est) (No response) Scottish Water (No response) Scottish Power (No response) British Gas Transco (No response) The Coal Authority (No objections) Strathclyde Fire Brigade (No response)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a temporary health centre on an area of amenity open space adjacent to the Salvation Army Hall, Clouden Road, Kildrum, Cumbernauld.

The temporary health centre will be constructed using a series of 11 interlocking portacabins and is required by the Primary Care NHS Trust until their new health centre has been constructed on Afton Road (Application Number N/02/00877/FUL)

No objections have been received. The proposal is not contrary to Local Plan policies and it is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:-

(a) the parking and manoeuvring of 30 cars; (b) the provision of an ambulance bay; (c) the provision of turning areas so that all vehicles enter and leave the site in forward gear

shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site in the interest of road safety.

3. That the site shall be restored to its former condition within three months of the removal of the temporary health centre hereby approved.

Reason: To ensure re-instatement of the site in the interest of amenity.

Background Papers:

Application form and plans received 11th September 2002

Any person wishing to inspect these documents should contact Mark Thomson at 01236 616466. Application No: C/O2/00769/FUL

Date Registered: 14th June 2002

Applicant: Stephen Whitehead 52 West End Drive Bellshill ML4 3AS

Agent James Strain 7 Douglas Avenue Carmyle Glasgow G32 8JN

Development: Change of Use of Factory Unit to Gymnasium

Location: 260 Main Street Coatbridge Lanarkshire ML5 3RS

Ward: 34: Coatbridge Central (Thomas Nolan)

Grid Reference: 274477664808

File Reference: CTM030/DB/LR

Site History: C/O1/00900/FUL 19th September 2001 PER C/01/00557/FUL 21st November 2001 REF

Develop ment Plan : The site is covered by industrial policies in the Monklands District Local Plan 1991

Contrary to Development Plan: Yes

Consultations:

Representations: None Received

Newspaper Advertisement: 19 June 2002

Comments:

This application is for the change of use of a vacant factory unit in the former Pettigrew Printing Works, 260 Main Street Coatbridge. The building now comprises four units. Permission has recently been granted for the change of use of one of the units to storage and distribution with an ancillary trade counter (C/O1/00900/FUL). Permission has also been refused for change of use of this unit to nurserylcare unit (C/01/00557/FUL). The applicant proposes to use the unit as a gymnasium, and provide exercise classes in the evenings. The site is in an area of existing industrial units and as such the proposed commerciallleisure use is contrary to policy ECON2 contained in the Monklands District Local Plan 1991 , The Transportation Section has indicated that there is insufficient parking provision, servicing areas or separation between vehicle and pedestrian movements. I therefore consider that the proposed gymnasium be refused on the grounds that it is incompatible with the development plan zoning and would significantly impact on traffic and pedestrian safety.

Recommendation: Refuse for the Following Reasons:- Cliftonhill Park (Albion Rovers FC)

Wardmy

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RanningRcduced and by Emironmnt Planning Application No C/02/00769/FUL Hstldqmrien W~MI,neming muse

CUMBWWU\ULD2 Try* Re& Change of Use of Factory Unit to Gymnasium 067 rJvv 01236616210 Fax 01236616232

Os L~cenceLPi09043L 260 Main Street Coatbridge 1, That the proposed gymnasium use conflicts with Policy ECON 2 Existing General Industrial Areas of the Monklands District Local Plan 1991 in that it does not retain the predominantly industrial character of the area, does not provide a continuation of industrial use, is not a wholesale or distribution unit and there is no major benefit to this partial change of use.

2. That the proposed parking and servicing arrangements, including the existing shared access provides no segregation between vehicles and pedestrians that would be associated with the gymnasium use to the detriment of road safety and the operation of existing businesses.

3. That the presence of the proposed gymnasium may prejudice the future use of the unit for general industrial development that would be acceptable in principle under the terms of Policy ECON 2 of the Monklands District Local Plan 1991.

Background Papers:

Application form, supporting statement and plans received 31st May 2002 and 2 September 2002

Memo from Transportation Section received 30 July 2002 and 18 September 2002 Memo from Local Plans Section received 11th July 2002 Memo from Protective Services Section received 26 June 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. APPLICATION NO. C1021007691FUL

REPORT

1. Description of Site and Proposal

1.I This application relates to the change of use of a vacant factory unit to a gymnasium at the former Pettigrew Printing Works, 260 Main Street, Coatbridge. The existing building has recently been refurbished to provide 4 units for leasing. Permission has been granted for the change of use of one of the units to storage and distribution (flat pack kitchens) with an ancillary trade counter. This unit was also subject of a refused application for change of use to a nurserykare unit. The site is located on the south side of Main Street opposite the District Court with access taken from a shared access with William Lawson Distillers. The application site is lower than street level and the existing access is relatively steep. There are footways at the first few metres of the site access however the internal layout provides no clear pedestrian or vehicular segregation.

1.2 William Lawson Distillers is situated to the east of the building and the former Monkland canal footpath is situated to the south. There is a vacant site to the west zoned as industrial land for company expansion. The site is enclosed by a chainlink fence and there is an area for parking around the north, east and west elevations of the building.

1.3 The applicant proposes a change of use of the southern most unit within the building. Access is to be taken via the existing shared access with the rest of the building and the adjacent William Lawson Distillers. There is no indication of parking or pedestrian arrangements although these would presumably be provided adjacent to the building. No external alterations are proposed at this time.

1.4 Following discussion with the applicant a supporting statement was submitted with revised plans indicating that the gymnasium although open during office hours would be busier in evenings. The statement also refers to the difficulty of finding an appropriate town centre location due to size requirements and cost.

2. Development Plan

2.1 The site is zoned ECON 2 Existing General Industrial Areas in the Monkland District Local Plan 1991.

3. Consultations and Representations

3.1 Following neighbour notification and advertisement in the local press no representations were received.

3.2 The Protective Services Section has indicated no objection to the proposal subject to the provision of appropriate ventilation and shower facilities and operating under the terms of the Health and Safety at Work etc. Act 1974.

3.3 The Transportation Section has pointed out the inadequacies of the access described above. It serves a number of other businesses some of which are served by HGV's. The existing car parking areas surrounding the building of which this unit is part appear well used at present with little spare capacity. No dedicated parking for the future users of the gymnasium is proposed and it would appear from the applicant's supporting letter that this cannot be provided within or adjacent to the site although a requirement of 25 spaces for users along with 1 space per 3 staff exists. 4. Planning Assessment and Conclusions

4.1 This application should be assessed in terms of the Development Plan and other material considerations. In this instance the site is zoned ECON 2 Existing Industrial Areas in the Monklands District Local Plan. In ECON 2 areas there is general support for the retention of the predominantly industrial character, continuation of industrial use where practical, the subdivision of vacant factories to provide premises for small firms (subject to appropriate parking, servicing etc.) and the change of use to wholesale and distribution but not retail.

4.2 In terms of meeting the requirements of policy ECON 2, it is clear that the use of the premises as a gymnasium does not accord with the retention of a predominantly industrial character. The continuation of an industrial use is also expected unless this is proved to be impractical due to ground stability, unsuitability of buildings, or if there are major benefits likely to result from a change in use. While the existing unit is currently vacant there is no obvious reason why the premises cannot be utilised for an industrial or wholesale and distribution use in accordance with policy. In particular, reference should be made to the recent consent for storage and distribution (with ancillary trade counter) in the adjacent unit (C/O1/00900/FUL). I also consider that a gymnasium at this location is inappropriate due to uncertainty over possible future uses within the site. Policy ECON 2 allows for a range of potential industrial uses that could clearly be both acceptable and desirable in principle for this location. The proposed gymnasium is not such a use and as a comrnercialAeisure use is considered contrary to policy.

4.3 Considering the lack of detail relating to parking provision and taking into account the shared access to the premises with the other units and the William Lawson Distillers the applicant has been unable to demonstrate appropriate provision for both vehicles and pedestrians associated with the gymnasium. While there may be similar examples within industrial areas, in this case the shared access is considered to be unacceptable. It is reasonable to expect a degree of conflict between the presence of pedestrians and heavy goods vehicles serving the current and future adjacent uses. To this end, I would support the comments of the Transportation Section relating to the undesirability of encouraging pedestrians into an industrial area where there is no clear arrangements for safe segregation and passage.

4.4 Considering the lack of detail relating to parking provision for the gymnasium I would agree with the concerns of the Transportation Section relating to the potential for indiscriminately parked vehicles adversely affecting the vehicle movements associated with adjoining businesses. Weekly HGV movement would be associated with both the recent consent for the adjacent unit and William Lawson Distillers.

4.5 In conclusion the proposal is considered to be unacceptable in that it is for a commerciallleisure use within an industrial area and therefore conflicts with the spirit and intentions of Policy ECON 2 of the Monklands District Local Plan 1991. It is also considered that there are locational factors particular to this site that strengthen grounds for refusal. Firstly, there is a shared access with adjacent units and the neighbouring William Lawson Distillers. The applicant has been unable to demonstrate satisfactory parking and pedestrianhehicular access. There is already a heavy goods vehicle presence in vicinity (William Lawson Distillers) and the recent consent granted and possible future uses are likely to exacerbate this problem further. In terms of the Local Plan the site is covered by by ECON 2 policies that aim to ensure that industrial uses for the currently vacant units should not be compromised. Application No: C/02/00925/0UT

Date Registered: 4th July 2002

Applicant: William John Shaw Clark 8 Grahamshill Street Airdrie ML6 7EN

Development: Erection of Dwellinghouse (In Outline)

Location: 8 Grahamshill Street Airdrie Lanarkshire ML6 7EN

Ward: 44: Clarkston (Campbell Cameron)

Grid Reference: 277435.665629.

File Reference:

Site History: C/PL/AIG750 - IJ/LR

Development Plan: The site is covered by policies HG9 (Existing Residential Areas) and ENVl5/2 (Conservation Areas) in the adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: West Of Scotland Water (No objections) British Gas Transco (No objection) Scottish Power (No objection) The Coal Authority (No objection) British Telecom (No response)

Representations: 4 Representation Letters

Newspaper Advertisement: 17th July 2002

Comments:

Consent is being sought for the erection of a detached dwellinghouse within the garden grounds of the residential property addressed as no.8 Grahamshill Street, Airdrie. The proposal seeks to create a new vehicular access directly from Grahamshill Street into the development site which will accommodate a single dwelling set between the existing residential properties at nos.6a and 8 Grahamshill Street. No details have been provided at this outline application stage on specific house type, site layout etc. and the only known factors are that a section of the sites road frontage stone wall will require to be demolished to accommodate the site access, as will a mature hedgerow to provide the new on site driveway. A number of objections were received in respect of this proposal, the details of which will be discussed in the accompanying report.

Having regard to the provisions of the approved design guide on "lnfill Housing" as contained within the adopted Monklands District Local Plan 1991 I consider that the proposal is defficient in terms of a number of significant areas and that if approved it would introduce a substandard vehicular access onto Grahamshill Street as advised by the Transportation Section. Planning Application No. C/02/00925/OUT Erection of Dwellinghouse (In Outline) 8 Grahamshill Street, Ardrie d N3t toscale CS L1c.n~. LA090411 * Location of Objectors Having regard to these matters, and to the concerns raised by the objectors, I therefore recommend that the application is refused for the attached reasons.

Recommendation: Refuse for the Following Reasons:-

1. That the proposal is contrary to the provisions of the adopted Monklands District Local Plan 1991 approved Design Guidance on "lnfill Housing" in respect that the proposal represents a backland development which would be detrimental to amenity of the surrounding Conservation Area location.

2. In the interest of road safety in that the applicant does not have control over sufficient ground to provide clear and unobstructed visibility splays at the site frontage onto Grahamshill Street in both directions.

Background Papers:

Application form and plans received 4th July 2002

Letter from West Of Scotland Water received 30th July 2002 Letter from British Gas Transco received 24th July 2002 Letter from Scottish Power received 23rd July 2002 Letter from The Coal Authority received 23rd July 2002 Letter from J McKitchie,8 Rosemount Court, Forrest Street, Airdrie, ML6 7BB received 12th July 2002. Letter on behalf of Owner/Occupier,6 Rosemount Court, Forrest Street, Airdrie, received 12th July 2002. Letter from John McMillan,l5 Rosemount Court, Forrest Street, Airdrie, ML6 7BB received 16th July 2002. Letter from Kerr Chalmers, "Travee" Grahamshill Street, Airdrie, ML6 7EN received 18 July 2002.

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382 APPLICATION NO. C10210092510UT

REPORT

1. Description of Site and Proposal

1.I Consent is being sought in outline for the erection of a single dwellinghouse on an area of flat, grassed land located between the residential properties addressed as nos.6a and 8 Grahamshill Street, Airdrie. The area of ground presently forms part of the side and rear garden ground of no.6a Grahamshill Street and is currently an area of well maintained grassed land. The site is located within the Drumgelloch Conservation Area and is bounded to the north by Grahamshill Street and on the other elevations by the curtilages of surrounding residential properties.

1.2 The proposal is for the erection of a single detached dwelling on the application site. The application is seeking outline consent at this stage and no details have been provided on possible site layout, house type etc. as these matters would be considered at a reserved matters submission should this present proposal be considered acceptable. It is however known at this stage that vehicular access to the site will be taken from a point on Grahamshill Street by means of an elongated driveway and that any new dwelling will be positioned in the rear part of the site behind the front building line of the adjacent detached dwellinghouses.

2. Development Plan

2.1 In terms of the adopted Monklands District Local Plan 1991 the site is covered by the following policies: HG9: Existing Residential Areas and ENVl5/2: Conservation Area.

3. Consultations and Representations

3.1 Following the standard neighbour notification and public advertisement procedures four letters of objection were received against this proposal. The basis of these objections is primarily that the proposal is backland, if approved it would adversely affect the openness of the surrounding Conservation Area and the proposal is unable to comply with the Councils design guidelines on depths of rear gardens and window positioning.

3.2 The Transportation Section has objected to the proposal due to the inability of the applicant to provide the necessary access visibility splays at the site frontage.

3.3 None of the Statutory Consultees offered any objection to the proposal.

4. Planning Assessment and Conclusions

4.1 Applications of this nature require to be assessed fully against the provisions of the Development Plan including any Design Guidance provided within and also any other matters that are considered relevant and material. In this instance the proposal requires to be considered in terms of the approved design guidance on “lnfill housing” which provides detailed guidance on building a house on small sites in residential areas.

4.2 Having regard to the layout of the application site it is evident that any structure would have to be positioned within the rear part of the site behind the building line of the properties on either side. Taken that access to the site will be from a 10.4 metre frontage reducing in width within the site to 6.3 metres (with the removal of an established hedgerow) the proposal is clearly “backland” in terms of the design guidance in that the new build would have no clear road frontage and would be positioned to the rear of the front building line of the forwardmost house on the original plot.

4.3 Any new development would also have an adverse impact on the privacy of the adjoining plot (no.6a) in that to position any new build in the rear part of the site with a front elevation towards Grahamshill Street, as is the normal pattern of development along that roadway, then it would not be possible to achieve the minimum of 18 metres from directly facing windows between the application site and no.6a Grahamshill Street. Therefore, having regard to the only acceptable positioning of a dwellinghouse within the site, in relation to the approved design guidance on “Open Space” the proposal would also be defficient in terms of minimum rear garden depths (10 metres) and minimum rear garden areas (70 sq. metres).

4.4 The proposal requires the removal of a section of the large stone built wall fronting the site to accommodate the new driveway and the Transportation Section has objected to the proposal on the grounds that the applicant does not control land outwith the application site which is necessary to provide the required visibility splays in both directions. Taken also that the application site is positioned below the street level of Grahamshill Street then to create any new acceptable standard of access would require the removal of a significant section (if not all) of that substantial stone wall along the site frontage together with the reduction in height of sections of wall either side of the new access. The loss of such a level of prominent frontage boundary treatment together will the inevitable loss of the large established hedgerow within the site (to accommodate the driveway) are both at odds with the principles of acceptable “lnfill housing” type developments especially within such a high amenity Conservation Area location.

4.5 In terms of general layout pattern of existing developments within this Conservation Area location it is seen that whereas the predominance is for street frontage locations (properties fronting onto directly onto Grahamshill Street) there are examples to the east of the application site of individual private access driveways serving a number of properties. There are however no existing examples where an elongated driveway serves a single property, as currently proposed, and therefore in addition to being unacceptable in terms of “backland development” the layout would be alien to the character of the surrounding Conservation Area location.

4.6 Having regard to the foregoing I consider the proposal unacceptable in that it is a backland type development as defined in the adopted Local Plan, it would introduce an unacceptable form of development within a Conservation Area location and that the applicant does not have control over sufficient land to provide acceptable site accessing arrangements. I therefore recommend that the application is refused for the reasons attached to this report. Application No: C/02/00945/FU L

Date Registered: 28th July 2002

Applicant: Orange PCS Ltd St James Court Great Park Street Almondbury Park Bristol BS32 4QJ

Agent Knight Frank Sutherland House 149 St Vincent Street Glasgow G2 5NW

Development: Erection of 25 Metre High Telecommunications Monopole and associated Antennas, Transmission Dishes, Equipment Cabinet and Fencing

Location: Terra Tec Rochsolloch Road Airdrie Lanarkshire ML6 9BG

Ward: 47: North Cairnhill And Coatdyke (Peter Sullivan)

Grid Reference: 275051 664721.

File Reference: C/PL/AI R4561DBILR

Site History:

Development Plan: The site is covered by industrial policies and assessed in terms of policy TELI Telecommunications Developments contained in the Monklands District Local Plan 1991

Contrary to Develop ment Plan : No

Consultations: Countryside And Landscape Manager (No Objection) Scottish Power (No Objection) West Of Scotland Water (No Objection) The Radio Communications Agency (No Objection) NLC Education (Objection)

Representations: 3 Representation Letters

Newspaper Advertisement: 14 August 2002

Comments:

This application relates to the erection of a 25m high telecommunications mast and associated cabinet and compound on land within the Terra Tec yard space, Rochsolloch Road, Airdrie. 3 letters of objection were received following neighbour notification and advertisement in the local press; details of which are included in the attached report. The Local Member has verbally indicated his objection and the Director of Education has indicated an objection based on perceived potential health concerns of parents in respect to the mast being sited near to a school. Produced by Planning Application No. C/02/00945/FUL Nor# Planning and Emironmnt anarkshire Headquaters Erection of 25 Metre High Tellecommunications Monopole and associated Sute 501, Fleming House Antennas, Transmission Dishes, Equipment Cabinet and Fenang 2Tfyst Rod CUMBERNAULD G67 iJW A Rprcdvd homfhOCn;.buwymqpqwlh Terra Tec Rochsolloch Road, Airdrie M236 616210 Fax 012% 616232 I\bt to Scale $~~"$o~~~~~~~hnr"'+''' Ululhm*.d rwodrcla inkiqr Crwn ScWndIl d mayl~dlopm.EYba orslnlpOs..dlw os Lcence v\ Q3041L * Location of Objectors The site is in a predominantly industrial area and sited over 300m from the nearest school. A certificate of ICNIRP compliance was submitted with the application. The proposal is in line with policy TELI contained in the Monklands District Local Plan and current guidance on such installations. I therefore recommend that the application be approved subject to the attached conditions.

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. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

4 That before the development hereby permitted starts full details of the external finishes of the mast, cabinet and compound fencing shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

Background Papers:

Application form and plans received 3rd July 2002

Memo from Transportation Section received 4 September 2002 Letter from Countryside and Landscape Manager received 19th August 2002 Letter from Scottish Power received 12th August 2002 Letter from West Of Scotland Water received 17th August 2002 Letter from The Radio Communications Agency received 16th August 2002 Memo from Director Of Education received 15th August 2002 Letter from Lothian Investments Ltd, Mossband Farm, Newhouse, Lanarkshire, ML1 5ST, received 10th July 2002. Letter from Trucks Unlimited,64 Rochsoloch Road, Airdrie, ML6 9BD received 31st July 2002. Letter from Bell Group Plc., Block No.5, Burns Lane, Chapelhall Industrial Estate, Chapelhall, ML6 8QH received 23rd July 2002.

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. APPLICATION NO. C1021009451FUL

REPORT

1. Description of Site and Proposal

1.I This application relates to the erection of a 25m high telecommunications mast and associated cabinet and compound on land within Terra Tec's yard space, off Rochsolloch Road. The site is located on the east side of the yard behind an area of amenity landscaping that fronts onto Rochsolloch Road.

1.2 The mast proposed is of a monopole design some 0.8m in diameter at the base reducing to 0.5m at the top. The mast head is approximately 3.5m in diameter and 2m high.

1.3 The application was submitted along with a certificate of ICNIRP compliance and a supporting statement setting out the reasons why this site is proposed.

2. Development Plan

2.1 The site is zoned ECON2 Existing General Industrial Area and assessed in terms of policy TELI Telecommunications Developments contained in the Monklands District Local Plan 1991

3. Consultations and Representations

3.1 Following neighbour notification and advertisement in the local press 3 letters of objection were received and made reference to the following points: a) concerns about health from the radiation levels; b) the erection of the mast will affect the ability to let adjoining properties (from owners of adjacent offices and yardspace); c) potential overshadowing of the mast on an adjoining property; d) the ground level shown on the application plans does not match surrounding ground level; e) no indication is made of colour of mast and cabinet; and f) the neighbour notification was served in advance of the application being submitted.

3.3 The Local Member has also indicated verbally his objection to the proposal based on the above grounds and his concern that the development of a mast at this location may adversely impact on potential redevelopment of the Rochsolloch area.

3.3 The Director of Education has objected in general terms to the proposal on perceived health concerns that parents have in relation to the proximity of masts to schools as this may affect their decisions when deciding which school their children should attend.

3.4 No objections were received from the other consultees.

4. Plannina Assessment and Conclusions

4.1 Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

4.2 The applicant has supplied information that indicates the need for a mast within this area to meet a shortfall in coverage. Several sites were investigated including mast sharing before this was put forward. It is in a predominantly industrial area and therefore a structure of this type could be expected on the skyline. The site was also chosen because of the backdrop against the high railway embankment that is to the south of the site.

4.3 My comments on the letters of objection are as follows: The mast will omit less that the ICNIRP levels and is therefore meets with current guidance. Health concerns are not therefore a relevant planning matter in this instance. The objectors concern about letting the properties as a result of the erection of this mast is a commercial issue and not a valid planning matter. The mast is a monopole design and sited some 50m away from the objector’s property. The mast should not therefore shadow the property. Ths mast will be sited at around 90-95m above sea level. This is below the level of Rochsolloch Road to the north of the site and properties to the east. The neighbour notification was served in advance of the application being submitted and with the requirement for the application to be advertised in the local press I consider that no- one was adversely affected by the delay between serving the notice and the submission of the application. The details of the colour of the mast have yet to be agreed and can be dealt with through condition.

4.4 The Councillor’s concerns relating to potential impact on any redevelopment within the area are noted. However, the proposal requires to be considered on its own merits, and how potential future development may come forward is not sufficiently certain or clear to be material to the assessment of this application.

4.5 In conclusion therefore I consider that the proposal is in line with policy TELI contained in the Monklands District Local Plan and current guidance on such installations and subject the proposed conditions should not significantly impact on the amenity of this industrial area. Application No: C/02/00953/0 UT

Date Registered: 2nd July 2002

Applicant : John Murphy Rowantree Row Biggar Road Chapelhall ML6 8XP

Development: Erection of 2 Dwellinghouses (In Outline)

Location: Rowantree Row Old Biggar Road Chapelhall Airdrie Lanarkshire ML6 8XP

Ward: 52: Salsburgh (Brian Brady)

Grid Reference: 278687.661842.

File Reference: C/BC/CH0297/DB/LR

Site History:

Development Plan: The site is within an area covered by leisure policies and assessed against policy HGI0 Residential Development Outwith Residential Areas in the Monklands District Local Plan1991

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (No Objection) Scottish Water (Comments) Scottish Power (Objection) The Coal Authority (No Objection) SEPA (Comments)

Representations: 1 Representation Letter

Newspaper Advertisement: 24 July 2002

Comments:

This application is for the erection of two dwellinghouses, in outline, on land to the south of Rowantree Row, Old Biggar Road, Chapelhall where there are two existing semi-detached houses. The site is within an area zoned as LR6 Develop Facilities for Golf and LRI 1 Improve Public Open Space and the proposal should be assessed against policy HGIO Residential Development Outwith Residential Areas in the Monklands District Local Plan 1991. One letter of objection was received following neighbour notification and advertisement in the local press. Scottish Power, SEPA, Scottish Water and Transportation Section have raised issues in relation to infrastructure. Greater details of these objections are included in the attached report. Policies LR6 and LRll indicate that the area should be protected against development that would impact on the proposal to form a golf course or adversely impact the existing open space. Policy HGIO indicates that new build development should not occur in areas identified as LRI 1 Improve Public Open Space. The site is currently accessed via a narrow lane and considerable improvements would be required to provide an appropriate road. I therefore consider that the proposal is contrary to the development plan and in light of this and the associated access difficulties recommend that it be refused. Produced by Planning and Environmnt Planning Application No. C/02/00953/OUT rkshire Headqurners CEUIi.3 Sue501 Fieming House

ZTrystRodCUMBERNAULD Erection of 2 Dwellinghouses (In Outline) A wpdud homlh Ordnn. Suw.ymlppq wlh G67 1JW &~;$~~~~~d~~Miaw 01236 616210 Fax 01236 616232 tbt to Scale Rowantree Row, Old Biggar Road, Chapelhall, Airdrie Lhufhone.drqadusla Int1rg.r Crmn CDpVlohl nd m.yludtopmsrubm (.cIvII PO&lw OS Lcmce LA 09041L Recommendation: Refuse for the Following Reasons:-

1. That the proposed erection of two houses is contrary to policies LR6 Develop Facilities for Golf, LRI 1 Improve Public Open Space and HGIO Residential Development Outwith Residential Areas in the Monklands District Local Plan1991 in that the erection of two houses at this location would represent to sporadic unjustified development within an area zoned for leisure uses.

2. That the proposed dwellinghouses would be served by a substandard access to the detriment of traffic and pedestrian safety.

Background Papers:

Application form and plans received 2nd July 2002

Memo from Transportation Section received 13th September 2002 Letter from Scottish Natural Heritage received 26th August 2002 Letter from Scottish Water received 19th August 2002 Letter from Scottish Power received 30th July 2002 Letter from The Coal Authority received 30th July 2002 Letter from SEPA received 12th September 2002 Letter of objection from GS Brown, St. Madoes, Glencarse, PH2 7NF received 5 July 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. APPLICATION NO. C/02/00953/0UT

REPORT

1. Description of Site and Proposal

1.I This application is for the erection of two dwellinghouses, in outline, on land to the south of Rowantree Row, Old Biggar Road, Chapelhall. The site is in an area surrounded by open fields to the south of Dunalistair residential development and north of the A8.

1.2 The site is served by a 3.3m wide lane with no passing places, turning facilities, street lighting or footpaths. The proposal shows no improvement to the lane although turning facilities are shown within the site.

2. Development Plan

2.1 The site is within an area zoned as LR6 Develop Facilities for Golf and LRll Improve Public Open Space and should be assessed against policy HGIO Residential Development Outwith Residential Areas in the Monklands District Local Plan1991.

3. Consultations and Representations

3.1 Following neighbour notification and advertisement in the local press one letter of representation was received that indicated that: a) the access lane to the application site is not in the applicant’s control; and b) no more than two houses should be served by a private access in terms of the current roads guidelines.

3.2 Scottish Natural Heritage and The Coal Authority have indicated no objection to the proposal.

3.3 Scottish Water have indicated that the applicant should contact their Developer Services to discuss the drainage strategy for the site and the provision of site water mains.

3.4 SEPA have indicated that connection to a public sewer or suitable watercourse is not available for the disposal of foul drainage, A total soakaway would appear to be the likely option dependent on the porosity of the sub-soil within the site.

3.5 Scottish Power has raised an objection to the proposal based on the potential impact of the development on transmission and pilot cables and an overhead line adjacent to the site.

3.6 The Transportation Section have indicated objection to the proposal on traffic and pedestrian safety grounds as the existing access that presently services the two dwellings is substandard in horizontal geometry and in width being only 3.3m along its 180m length as opposed to a requirement of 5.5m. In addition no passing places, turning facilities, footways or street lighting exist along its length. The access is therefore unsuitable to accommodate any further increase in vehicular or pedestrian traffic.

4. Planninn Assessment and Conclusions

4.1 In assessing the proposal against the local plan policies LR6 and LRll indicate that the area should be protected against development that would impact on the existing open space or the proposal to form a golf course.

4.2 Policy HGIO indicates that new build development should be directed to existing residential urban or general urban areas. This proposal would result in the loss of area identified as open space and represents sporadic development of a site outwith the urban envelope that would create a precedent for similar types of development.

4.3 The site is currently accessed via a narrow lane outwith the applicant's control and considerable improvements would be required to provide an appropriate road which would be required to serve both the existing and proposed houses. The development of two houses is not likely to finance the required improvements.

4.4 In conclusion therefore I consider that the development is contrary to the development plan in respect to policies LR6, LRI 1 and HGIO and in light of the associated access difficulties recommend that the proposal be refused. Application No: C/02/01039/AMD

Date Registered: 19th July 2002

Applicant: Dundas Estates & Development Co. Ltd Carriden Sawmills Bo'Ness West Lothian EH51 9SQ

Agent James Doherty - Architect The Bourse 47 Timberbush Leith Edinburgh EH6 6QH

Development: Amendment to Planning Permission C1001009171AMD for Erection of Shops, Flats and Housing Estate

Location: Development Site (including Nos) 102-104 Coatbridge Road Glenmavis Airdrie Lanarkshire

Ward: 45: New Monklands West. (Sandra Cox)

Grid Reference: 2751 10 667289

File Reference: CIP LIG MC520ICMILR

Site History: CI97100316IFUL Mixed Development Withdrawn C/OO/OO366/FUL Mixed Development Withdrawn CIOOIOO917IFUL Mixed Development Granted August 2001

Development Plan: The site is covered by General Urban Area and Greenbelt policies of the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Councillor Sandra Cox (No response)

Representations: 3 Letters of Representation

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought for alteration to an approved housing site layout at Glenmavis. The amendments involve a reconfiguration of the plots and house types and a minor alteration to the proposed access from Glenmavis Road. House numbers would be reduced from 48 to 46 units. The proposal also includes minor amendments to shops and flats that form part of the larger development site.

Following consideration of the proposed alterations and having taken into account the terms of Planning Application C/02/01039/AMD Amendment to Planning Permission C/OO/OO917/AMD for Erection of Shops Flats and Housing Estate Development Site Including Nos 102-104 Coatbridge Road 8 Glenmavis Airdrie * Location of Objectors Not to Scale objection I have concluded that the proposal is acceptable and would not have a detrimental impact on the amenity of the surrounding area. It is therefore recommended that planning permission be granted subject to conditions.

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

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

3. That before any of the dwellinghouses hereby permitted, are occupied, the proposed fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To safeguard the residential amenity of the area,

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

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

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

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

6. That within one year of the occupation of the last 2 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area. 7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shaded red on the approved plans; (b) the proposed grassed, planted and landscaped areas hatched green on the approved plans; (c) the proposed walls to be erected along the boundaries marked purple on the approved plans.

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

8. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 7 shall be in operation.

Reason: To safeguard the residential amenity of the area.

9. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses hereby permitted shall be finished in materials which match those used on the existing dwellinghouse.

Reason: To safeguard the residential amenity of the area.

10. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed or brought into use everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

11. That no works shall start on the private housing site until the traffic calming measures proposed along Coatbridge Road and Glenmavis Road have been completed.

Reason: In order to ensure the completion of the major element of planning gain within the development, to ensure the appropriate phasing of the development and in the interests of traffic and pedestrian safety.

12. That no fences or walls shall be erected and no trees or shrubs shall be planted within the 2.0 metre public utility strip that runs parallel to the rear of the kerb defining the edge of the public road.

Reason: In order to protect statutory undertakers apparatus.

13. That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to basecourse standard.

Reason: In the interests of traffic and pedestrian safety. 14. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road.

Reason: To safeguard the amenity of future residents and in order to protect the visual amenity of the surrounding area.

15. That the entrance to each shared access driveways (at plots nos. 15, 16, 23 and 24) shall be a minimum width of 5 metres.

Reason: In the interests of traffic and pedestrian safety.

Background Papers:

Application form and plans received 19th July 2002

Two Letters from Mr T. McPartland, Meadow View, 86 Coatbridge Road, Glenmavis, Airdrie, ML6 ONJ received 1st August and 9 September 2002. Letter from Mr & Mrs C Gibson,The Oaks, 88 Coatbridge Road, Glenmavis, Airdrie, ML6 ONJ received 2nd August 2002.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376. APPLICATION NO. C1021010391AMD

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for alterations to an approved housing layout at Coatbridge Road, Glenmavis. The site extends from the corner of Coatbridge Road and Glenmavis Road and incorporates an area of derelict land and a green field situated to the south west of the centre of the village. The development comprises a mix of commercial and residential uses including a Community Hall. Works have been underway since October 2001 and most of the mixed commercial and residential units and community hall has been completed. The current proposal includes a reconfiguration of the house types proposed for the green field site resulting in a reduction in density from 48 to 46 two storey dwellinghouses. Minor alterations to the finishing treatments of the shopdflats are also proposed.

2. Development Plan

2.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy ECON 8 (General Urban Area) and GB 1 (Greenbelt).

3. Consultations and Remesentations

3.1 There was no objection received from the Transportation Section

3.2 Three letters of objection were received from two neighbours. The material terms of the objection can be fairly summarised as follows.

0 The provision of the two storey houses to plots 23 and 24 would affect the outlook from the rear garden areas resulting in a loss of amenity. It is considered that 2 bungalows would be more acceptable. 0 The development would lead to a reduction in natural habitat to wildlife.

4. Planninn Assessment and Conclusions

4.1 As noted above the proposal relates to relatively minor amendments to the approved housing layout and finishing of the commercial units/flats. The Transportation Section had no objections to the repositioning of the access and reconfiguration of the house plots subject to conditions. The amendments to the layout are minimal and are restricted to a small reconfiguration to the plots and repositioning of the house types. The layout accords with the Councils design guidance and is considered acceptable.

4.2 With regard to the material terms of objection I would comment as follows.

0 The objectors’ properties sit to the north of the site but at a much higher level than the proposed housing site and tree belt planting area. Indeed this part of the site is characterised by a large retaining wall that is approximately 6 metres in height. The proposed two storey houses would be set back some 9 metres from this high wall and located within fairly large garden areas. As such I do not consider the provision of two storey houses at this particular part of the site would have a detrimental impact on the objectors’ properties or on any other part of the surrounding area. In addition I consider it would be unreasonable to request that bungalows be provided at plots 23 and 24. 0 It is acknowledged that the development of the green belt site may result in a general loss of wildlife habitat. However this issue, among others was duly addressed before the planning permission, which this application merely seeks to amend, was granted for the release of the green belt site for housing purposes.

4.2 In conclusion I consider the proposed amendments to be acceptable and recommend that planning permission be granted subject to conditions. Application No: C/02101081/FUL

Date Registered: 21 st August 2002

Applicant : Martin McGoldrick 26 Dalrymple Drive Coatbridge Lanarkshire ML5 4FG

Development: Erection of 1.82m High Fence

Location: 26 Dalrymple Drive Coatbridge Lanarkshire ML5 4FG

Ward: 40: Old Monkland (Thomas Maginnis)

Grid Reference: 272933664085

File Reference: CIPLICTD0260261LMILR

Site History: C10000089FUL 20thApril 2000 PER

Develop men t Plan : The residential policies of Monklands District Local Plan are relevant to this area.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a 1.82metre high fence, 1metre from the heel of the footway. The initial application placed the fence O.6metres from the heel of the footway, but on the recommendation of the Transportation Section this was increased to 1metre ensuring that adequate visibility is achieved.

Following the submission of the application one letter of objection was received from the residents of the property to the south of the application site, 24 Dalrymple Drive. The reasons for the objection were that the fence would restrict vehicle access to their property as well as reducing sightlines while exiting their driveway. In addition, when their property was purchased the area in question was designated as open space within the development.

In response to the road safety objection this concern has been addressed through the fence position being amended from 0.6m to Im from the heel of the footway. In respect of the objection that the land had been designated as open space, an application for change of use from open space to garden ground was granted on 20th April 2000, under delegated powers. The objector was notified of this as part of the application process.

The main considerations in assessing this application are how the proposed fencing will impact the surrounding residential area in terms of amenity and road safety. It is considered that it will not be sufficiently detrimental to justify refusing planning permission. The objections submitted are not considered material to the recommendation.

Notwithstanding the concerns raised by the objector it is recommended that the planning permission be granted.

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.

Background Papers:

Application form and plans received 30th July 2002

Letter from Transportation Section received 26'h September 2002

Letter from Mr & Mrs B Cunningham, 24 Dalrymple Drive, Coatbridge, ML5 4FG received 6th August 2002.

Any person wishing to inspect these documents should contact Leigh Menzies at 01236 812375. Application No: C/02/01133/FUL

Date Registered: 13th August 2002

Applicant: T Mobile Ltd Clo Agent

Agent Stappard Howes The Fountain Business Centre Ellis Street Coatbridge ML5 3AA

Development: Erection of 17.2m High Telecommunication Mast and Associated Cabinet & Compound.

Location: Land North West Of Drumpellier Home Farm Coatbridge Lanarkshire

Ward: 32: Blairpark (Jim McKinlay)

Grid Reference: 271397665423

File Reference: CIPLICTD4761DBILR

Site History: No previous applications

Development Plan: The site is covered by Greenbelt policies and assessed against policy TELI Telecommunications Developments in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Countryside And Landscape Manager (Comments) Scottish Natural Heritage (Comments) The Radio Communications Agency (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application relates to the erection of a 17.2m high telecommunications mast, cabinet and compound on land to the east of Drumpellier Home Farm, Drumpellier Avenue, Coatbridge. The site is zoned as GBI Restrict Development in the Greenbelt and assessed against policy TELI Telecommunications Developments in the Monklands District Local Plan 1991. A certificate of ICNIRP compliance was submitted with the application. Following normal neighbour notification no objections were received. SNH and NLC Community Services have indicated objections to the potential impacts on the Garnheath Wood SINC. Following discussion with the applicant revised plans were submitted that diverted the access track away from the Wood. I now consider that subject to the proposed conditions the mast will be located in such a way as to be well screened by both existing and proposed planting and should not significantly impact on the amenity of the area. \

'mduced by Planning Application No. C/OZOI 133/FUL 'lanning and Ewironmnt rkshire Cadquaters mwa Sute 501 Fieming House 2Tryst ROaj Erection of 17.5m Telecommunications Mast XlMBEFNAULD 367 1JW and Associated Cabinet and Compound A ~pdddtornlhohnrSuwywpqwlh 31236616210 Fax 01236 616232 Not to Scale LE;=&: MlrN' UlutbPmdrvodrslrn Miqr Crwn d m.y bmdlopm8w#m DI an1 Podlrp 35 Licmce LA WC41L Land North West of Drumpellier Home Farm, Coatbridge 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. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

3. That before the development hereby permitted starts full details of the external finishes of the mast, cabinet and compound fencing shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

4. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, to the north of the site, and no trees or shrubs shall be removed without the approval in writing of the Planning Authority.

Reason: To protect the trees within the SlNC to the south east of the site in the interest of amenity .

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, for the area outlined in GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted and details of the phasing of these works.

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

6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of the planted and landscaped areas outlined in GREEN on the approved plans.

Reason: To enable the Planning Authority to consider these aspects. 7. That within one year of the completion of the development hereby permitted, all planting and seeding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed; and any trees or shrubs which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the compound is adequately screened in the interest of amenity.

8. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 6 shall be in operation.

Reason: To ensure adequate maintenance of the trees and shrubs in the interest of amenity.

Background Papers:

Application form and plans received 13th August 2002

Memo from Transportation Section received 26 September 2002 Memo from NLC Community Services received 20th September 2002 Letter from Scottish Natural Heritage received 11th September 2002 Letter from The Radio Communications Agency received 28th August 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372. Application No: U0210 11 56/N ID

Date Registered: 21 st August 2002

Applicant: North Lanarkshire Council Housing Department Broomknoll Street Airdrie ML6 6BN

Development: Change of Use of Open Space Area to Garden Ground. (In Retrospect)

Location: 1 Annandale Greengairs Airdrie Lanarkshire ML6 7UB

Ward: 45: New Monklands West (Sandra Cox)

Grid Reference: 278749 670654.

File Reference:

Site History: IPLlGW 4675001 -IJ/LR

Development Plan: The site is covered by policy HG9 (Existing Residential Area) in the adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: 18'h September 2002

Comments:

Consent is being sought in retrospect for the incorporation of an area of public open space into garden ground at no.1 Annandale, Greengairs. The area of ground extends to approx. 90 sq. metres and formerly formed part of a large rectangular area of public open space (183 sq.metres) which extended from the gable elevation of the end terraced dwellinghouse at no.1 Annandale to the heel of the public footpath fronting Greengairs Road. The proposal involved the enclosure of approximately half of that open space area into the curtilage of no.1 Annandale through the erection of a 2 metre vertical slatted wooden fence around its exposed boundaries as indicated on the plan accompanying the submission. The enclosed ground will be used soley as domestic garden ground.

This proposal, albeit in retrospect, was a result of complaints received by the Housing Department, via the local elected member, from the elderly residents of no.1 Annandale in respect of persons loitering within the open grassed area adjacent to the gable of their property. To give added security to those elderly residents, and to deter the loitering at this gable elevation, the Housing Dept. erected a screen fence between the gable and the public footway on Greengairs Road thus enclosing an additional area of ground within the curtilage of no.1 Annandale.

A single letter of objection was received following the standard neighbour notification procedure and the material points of objection raised are loss of symmetry of open plan layout, obscuring view of oncoming traffic to pedestrians and adverse effect on security of residents. In respect of these points it should firstly be stated that a similar form of enclosure (incorporating a change of use from open space to garden ground) has previously been implemented by the Housing Dept. around the gable elevation of the associated end terraced property at no.5 Annandale. Having regard to this, I consider that, contrary to the objectors view, the current submission will in fact balance the visual appearance between the terraced row of properties (nos.1-5 Annandale) and the adjoining retained open space areas. The extended fence line is set some 4 metres from the heel of the footway on Greengairs Road (6.5 metres from the roadway) and this distance is considered sufficient to allow pedestrians on the Annandale footpath a clear and unobstructed view in both directions of vehicles travelling along Greengairs Road. In this respect it is a relevant point to note that since erection of the boundary fence around the application site no complaints have been received from the general public in relation to difficulty in seeing vehicles on the roadway and no accidents have been reported involving pedestrianshehicles at this location. The fence itself was erected to provide added security to the residents of no.1 Annandale and to prevent persons loitering along the obscured gable of their property. This has successfully been achieved and has removed the congregation of persons at that location to the added benefit and security of the adjacent residents, none of whom, with the exception of the single objector, has raised any issue of adverse impact on privacy and security resulting from this proposal.

Having regard to the foregoing, and while carefully considering the points raised by the objector I consider that the proposal is acceptable in that the form of enclosure provided will compliment similar extended boundary treatment to the associated end terraced dwelling (n0.5) and that the proposal will remove the previous anti-social problem of persons congregating at this location to the benefit of all the elderly residents around Annandale. I therefore recommend that the application is approved subject to the attached condition.

Recommendation: Approve Subject to the Following Condition:-

1. 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 buildings or structures shall be erected on the site without the prior written approval of the Planning Authority.

Reason: To define the permission.

NOTE TO COMMITTEE

If approved, the application requires to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Development by Planning Authorities)(Scotland)Regulations 1981, as amended.

Background Papers:

Application form and plans received 21 st August 2002

Letter from Mr R. Blades,2 Annandale, Greengairs received 28th August 2002.

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382. Application No: S/01/00862/0UT

Date Registered: 24th July 2001

Applicant: Mr B And S Hill Woodypoint Bonkle Newmains ML2 9QF

Development: Construction of 200 Dwellinghouses

Location: Land Opposite 117-205 Morningside Road Wishaw Lanarkshire

Ward: 16: Newmains (David McKendrick)

Grid Reference: 283173 655101

File Reference:

Site History: S/98/00819/OUT: Construction of 100 Houses granted 20th August 1998 S/97/00107/MIN: Opencast coal extraction works, granted 1997. Extraction works now complete.

Development Plan: The site is covered by opencast related policies within the adopted Central Area Part Development Plan 1964

The site is zoned partly by Policy HSG2 (Private Housing Development Opportunity) and Policy ENV 6 (Green Belt) within the Southern Area Local Plan Finalised Draft (Modified 2001)

Contrary to Development Plan: Partial departure

Consultations: Scottish Water (Conditions) The Coal Authority (Conditions) Scottish Natural Heritage (No objections) British Telecom (No objections) NLC Education (No objections) British Gas Transco (Conditions) NLC Community Services (Conditions)

Representations: None Received

Newspaper Advertisement: 3 August 2001

Comments:

This application originally appeared on the agenda of the Planning and Environment Committee's meeting of 5'h June 2002. However, the applicant was concerned about the nature and scope of some of the proposed planning conditions relating to vehicular access and off site road improvements and they asked that consideration of the application be deferred pending further discussions with my Department. These discussions have now taken place and a minor alteration made to one of the conditions. APPLICATION Planning permission in outline is sought for a development of 200 houses within a site at the southern edge of the village of Morningside. The site has a lengthy planning history attached to it, and the principle of housing (over the majority of the site) has already been established through previous planning permissions and the zoning of the draft local plan. The development will require various access improvements including the creation of a roundabout on Morningside Road. In lieu of the children's play areas and kick-about areas normally required by such development, the developer has agreed to make a financial contribution to the Council in order that some of the facilities can be accommodated within the adjoining Council owned area of open space. The developer of the housing site immediately to the north also proposes similar improvements.

Although the proposal is at variance with some elements of the emerging local plan in terms of the extent and capacity of the site, 1 am satisfied that the proposal is acceptable and would recommend that planning permission should be granted subject to the attached conditions. I would also ask that permission should not be issued until the necessary legal agreements relating to the improvements to the open space have been successfully concluded.

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 provision of equipped play areas; (e)the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (9) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (j) the phasing of the development; (j) the provision of drainage works; (j) the disposal of sewage; (k) details of existing trees, shrubs and hedgerows to be retained; (I) details of existing and proposed site levels.

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

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

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

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

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

4. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SlSG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers.

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

Reason: To ensure that the site is free of contamination in the interests of public safety.

6. That notwithstanding the generality of condition no. 1 above, the means of access to the site shall comprise a four arm roundabout on Morningside Road with two arms embracing Morningside Road and two taking access to a loop road within the application site.

Reason: To ensure an appropriate means of access to the site in the interests of highway safety.

7. That before any works commence on site, full details and time scale for the implementation of off-site road works and improvements shall be submitted to the Planning Authority for its prior approval, and these shall include details of the following:

(a) Traffic calming measures to be provided along Morningside Road between the proposed roundabout (see condition 6 above) and the roundabout on the A71 with suitable elements to be provided every 60.0 metres or thereby,

(b) improvements to footways, street lighting and drainage including the creation of a new footway along the west side of Morningside Road between the proposed roundabout (see condition 6 above) and the existing footway at 168 Morningside Road

(c) Bus lay-by to be provided on the west side of Morningside Road at a point to the north of the proposed roundabout.

Reason: To ensure that the local road network can accommodate the additional traffic generated by the development in the interests of highway safety.

8. That the internal road network should be designed in accordance with the 1986 "Roads Guidelines" and Chapter 6 of the 1996 "Roads Development Guide", published by the said Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

9. That notwithstanding the generality of conditions 1 and 8 above, the internal road layout shall be designed to allow for a vehicular road connection with the proposed development of houses to the northwest of the application site. Reason: To ensure the proper co-ordination of developments within the village in the interests of highway safety and convenience.

10. That no part of the development hereby permitted shall exceed two storeys in height and the dwellinghouses shall all have traditional double-pitched roofs.

Reason: In order that the development will be properly integrated into its surroundings in the interests of protecting the character and amenity of the area.

11. That the dimensions and layout of all private garden grounds shall comply with the North Lanarkshire Council document "Developer's Guide to Open Space".

Reason: In the interest of amenity and in accordance with Council policy.

12. That those houses to be sited in the vicinity of the area marked YELLOW on approved plans shall be orientated towards the area of open space to the north of the application site.

Reason: To ensure a satisfactory relationship between the proposed housing and the open space in the interests of protecting and enhancing the visual amenity and character of the area.

13. That incorporated within the reserved matters as outlined within condition 1 above, shall be details of a scheme of woodland planting relating in particular to the western and southern parts of the site and also those areas around the northern and eastern parts of the site deemed unsuitable for built development.

Reason: In order to ensure the proper integration of the site into its surroundings in the interests of the visual amenity and character of the area.

14. That before the development hereby permitted starts, a woodland management and maintenance scheme, covering the woodland agreed under the terms of condition 13 above, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) proposals for the continuing care, maintenance and protection of the trees, shrubs and hedges, including details of the timing and phasing of all such works; (b) details of the location, number, variety and size of trees and shrubs to be planted, and the phasing of such works.

Reason: To ensure the long term care of the management scheme in order to protect and enhance the amenity and character of the area.

15. That within 3 years of the development hereby permitted starting on site (or any other timescale agreed in advance with the Planning Authority) the woodland and woodland management and maintenance scheme, approved under the terms of condition (13) and (14) above, shall be implemented and in operation to the satisfaction of the Planning Authority.

Reason: To ensure the long term care of the management scheme in order to protect and enhance the amenity and character of the area.

16. That before development starts, full details of the location of 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 shall comply with the Scottish Environment Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS). Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest SEPA guidance.

Note: The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the provision of enhanced facilities within the adjoining area of open space. The planning permission should not be issued until this matter has been concluded and the application has been referred to the Scottish Ministers in accordance with the Town and Country Planning (notification of Applications) (Scotland) Directive 1997

Background Papers:

Application form and plans received 13th July 2001 Letters from applicant dated 23 August 2001, 3 April 2002, 22 May 2002 and 29 August 2002 Transportation Assessment from Dougall Baillie Associates received 6 February 2002 Revised plans from applicant dated 8 January 2002 Memo from Transportation Section received 10th April 2002 Letter from Protective Services Section received 6th August 2001 Letter from West of Scotland Water received 24th August 2001 Letter from the Coal Authority received 9th August 2001 Letter from Scottish Natural Heritage received 22nd August 2001 Letter from British Telecom received 10th August 2001 Letter from NLC Education received 9th August 2001 Letter from British Gas Transco received 8th August 2001 Letter from NLC Community Services received I1th September 2001

Any person wishing to inspect these documents should contact Lindsay Kellock at 01698 302090. AP PLI CAT1 0 N N0. SI0 1/00862/0 UT

REPORT

Description of Site and Proposal

Planning permission is sought in outline for the construction of 200 houses within a site at the southern edge of Morningside. The site extends to approximately 8.3 hectares and is bounded by Morningside Road to the east; Council owned open space to the north-east and a proposed housing site to the north-west (see paragraph 2.2 below). The application site and those areas to the west and south form part of a former opencast coal mine, much of which has now been restored. The planning application submission was supplemented by a Transport Assessment which was received in February.

Backaround and Context

Planning permission was granted in outline for 100 houses over part of the current application site in 1994. Permission was then renewed in 1998 for a further 3 years and this expired in August 2001. The site has also seen opencast coal extraction works which were carried out during the late 1990’s. These workings were restored under the supervision of an engineer to ensure ground conditions which would accommodate an afteruse of housing.

Members will recall the special meeting of the Planning and Environment Committee of 19 February 2002, whereby it was agreed that planning permission should be granted for a development of 61 houses within the area immediately to the north-west of this site (see attached plan). This extended over part of the site which previously had planning permission for 100 houses. The layout for the 61-house development was designed to ensure a road connection at some time in the future with the development site currently under consideration. Planning permission for that development will not be issued until certain legal agreements have been concluded. In particular, these agreements will ensure the following:

0 Construction traffic to enter the site via a remote access road thus avoiding the need to use School Road. This seems likely to be located along the former opencast access road from the roundabout on the A71.

0 Contribution from the developer to the Council for the upgrade of the adjoining Council owned “village green”. This contribution is in lieu of an equipped play area within the application site.

0 The provision of traffic calming measures on School Road.

0 A mechanism to ensure that once both residential developments are complete, the main access route to both sites will be via the new roundabout on Morningside Road and not School Road which is considered to be substandard.

3. Development Plan

3.1 The majority of the site is identified as a Private Housing Development Opportunity (Policy HSG2) within the Southern Area Local Plan Finalised Draft (Modified 2001). The extent of ground zoned for residential purposes reflected the area previously granted planning permission as noted above. The remainder of the application site is identified as part of the Green Belt (Policy ENV 6). 3.2 It is considered that the proposal is not of strategic sgnificance and as such accords with the policies and aims of the approved Structure Plan. Further details of this assessment can be found in section ‘5’ below.

3.3 The site is also covered by opencast related policies within the adopted Central Area Part Development Plan 1964, although given the age of this plan and the change of circumstances since then I would give little or no weight to this plan.

4. Consultations and Representations

4.1 The Transportation Section has advised that the Transportation Assessment which accompanied the application is lacking in several respects. Nevertheless, it has been possible to come to a conclusion on this matter and it is recommended that a series of improvements be made to the site access and local road network including the creation of a new roundabout access to the site from Morningside Road; the formation of a new bus lay-by on Morningside road along the site frontage and various improvements to Morningside Road (including traffic calming and footway/lighting/drainage improvements). The Transportation Section has also asked that the proposed internal road layout should connect with the new development of 61 houses to the north.

4.2 Scottish Water has asked that a “SUDS” drainage system be incorporated into the scheme. The Coal Authority has advised of the presence of previous mining activity in the area. NLC Community Services has asked that for existing trees to be retained and that a woodland buffer should be created around the edge of the site. NLC Education has advised that sufficient capacity exists within existing schools to accommodate the additional population.

4.3 There have been no objections to the proposal from local residents.

5. Plannina Assessment and Conclusions

5.1 The principle of housing development has already been established within the majority of the site in the past. I would suggest that the key aspects to consider are; is the extension of the site into the Green Belt acceptable; is the proposed increase in capacity acceptable and finally, how can the development be properly integrated into its surroundings?

6.2 In terms of assessment under the terms of the emerging and approved development plan, the key issue is the incursion of part of the site into the green belt. It should be noted that the part of the site within the green belt has already been stabilised as part of the previous restoration works associated with the opencast workings. Also, in terms of land take the extension of the site is off-set by a similar size of area located within the area zoned for residential purposes which is said to be unsuitable for building works due to poor ground conditions. This area would be used for landscaping/ open space/ garden ground etc. I am satisfied therefore that whilst this proposal is in part contrary to the relevant green belt policies of the emerging local plan and the approved structure plan, there are sufficient mitigating reasons to suggest that the principle of a relatively small incursion into the green belt at this location is acceptable. It will however due to the scale of the development, be necessary to refer the application to the Scottish Ministers.

6.3 In terms of capacity, this and the adjoining proposal would together allow for 152 more houses compared to what was granted in the past and also compared to that accounted for within the land supply figures. However, the site is large enough to accommodate the increase in numbers quite comfortably. Of greater concern may be the ability of the village to accommodate the increase in population. However, there have been no objections to this proposal from local people or the Residents’ Association and the draft local plan already allowed for a significant increase in the population of the village. The School Board of Morningside Primary School is on record as supporting additional house building within the village in order to ensure the viability of the school and NLC Education has confirmed that the local schools can accommodate the increase in numbers. The increase in capacity could also be seen as a more efficient use of land compared to the very low densities previously approved.

6.4 Subject to conditions reflecting the comments of the Transportation Section, I am satisfied that the local road network can accommodate the traffic generated by the proposed development. Following discussions between the applicant and representatives of my Department, the applicant has agreed to the imposition of a condition requiring a connecting road to the site to the north; the provision of a new roundabout on Morningside Road and other improvements to Morningside Road including improved footway provision and the creation of new traffic calming measures.

6.5 In discussions with the developer, it has been agreed that the open space provision within the site would be less than normally required, and instead a contribution will be made to the Council to allow for assorted improvements to the “village green” including the provision of suitable kick-about areas and play provision. Such an arrangement will require the developer to enter into a legal agreement with the Council, and permission should not be issued until this matter has been finalised.

6.6 In conclusion, I am satisfied that the development can be made to be acceptable, subject to suitable planning conditions and a legal requirement relating to the provision of enhanced facilities within Council owned land. Application No:

Date Registered: 23rd October 2001

Applicant: George Wilson (Stonehouse) Ltd Lochpark Green Street Stonehouse ML9 3LP

Development: Erection of 36 Dwellinghouses

Location: Land North Of Junction Of Logans Road With Watling Street Motherwell Lanarkshire

Ward: 4: North Motherwell (William Martin)

Grid Reference: 274546657974

File Reference: SIPUBII 3/27(29) LKSlMJ

Site History: No significant planning history

Development Plan: Zoned for Industrial Purposes within the 1953 Burgh of Motherwell and Wishaw Development Plan

Zoned as an Established Leisure Facility within the Southern Area Local Plan Finalised Draft (Modified 2001)

Contrary to Development Plan: Yes

Consultations: Scottish Water (Comments) The Coal Authority (No objection) Scottish Natural Heritage (No objection) Railtrack Scotland (Comments) Sportscotland (Comments)

Representations: None Received

Newspaper Advertisement: 9 November 2001

Comments:

Planning permission is sought for 36 houses with ancillary access roads, play area and landscaping. The development results in the removal of a football field and car park last used by the site owner Motherwell Bridge. In order to address the loss of the football pitch, and following discussions with Sportscotland, the company has offered a sum of up to f20,000 compensation to be used in the upgrade of existing Council sports facilities in the vicinity. Should the Council wish to grant planning permission, the decision notice should not be issued until the necessary legal agreement is concluded which would bind the company to making the donation.

Although not zoned for residential purposes, i am satisfied that the principle of the development is acceptable. The detail of the development is also acceptable although I have concerns regarding the relationship of the houses with the adjoining railway line. On balance the proposal is deemed to be llwlh PLANNING APPLICATION No. S / 01 / 01429 / FUL Lanarkshire ; countl ERECTION OF 36 DWELLINGHOUSES

LAND NORTH OF LOGANS ROAD / WATLING STREET, MOTHERWELL. acceptable and I recommend that planning permission should be granted subject to the attached conditions and the above noted legal agreement.

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

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

3. That following the completion of the works required under the terms of condition (2) above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition (2) above in the interests of health and safety.

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

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

5. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 4 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

6. That notwithstanding the generality of condition 4 above, or those details shown on approved plans, the boundary treatment alongside the landscaped strip (adjoining Watling Street and Logans Road) shall match that of the existing adjoining housing development on Watling Street.

Reason: In the interests of the visual amenity of the area and to ensure visual continuity with the adjoining development.

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

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

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

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

9. That within one year of the occupation of the last 5 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the timeous implementation of the necessary landscaping scheme.

10. That before the development hereby permitted starts, a scheme, for the provision of 1 equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b details of the surface treatment of the play area, including the location and type of safety surface to be installed: (c) details of the fences to be erected around the play area.

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

11. That before occupation of the last 6 dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area and, included in the scheme approved under the terms of condition 10 above, shall be completed.

Reason: To ensure the timeous implementation of the necessary landscaping scheme.

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, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of all areas of open space, including the play area and landscaped strip alongside Watling Street and Logans Road.

Reason: To ensure the long term maintenance of these areas in the interests of amenity. 13. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 12 shall be in operation.

Reason: To ensure the timeous implementation of the necessary maintenance and management scheme.

14. That no integral garage shall be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To ensure the provision of adequate parking within each plot.

15. That no garages shall be constructed within 6.0 metres of the heel of the footway.

Reason: To ensure the provision of adequate parking within each plot.

16. That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course.

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

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

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

18. That before any development commences on site, revised plans shall be submitted to the Planning Authority for its prior approval, and these shall demonstrate the following;

a) a revised scheme of visitor parking with an even distribution of spaces, all designed in accordance with Development Roads Guidelines. b) the upgrading of the Watling Street and Logans Road footway to a width of 2 metres.

Reason: To ensure satisfactory parking facilities and pedestrian access.

19. That none of the dwellings in plots 11-13, and 16-25 hereby permitted shall be occupied until all the noise attenuation measures detailed in the Castella Stanger report of 23 May 2002 entitled “Railway Noise and Vibration Assessment, Residential Development, Watling Street, Motherwell” have been implemented to the satisfaction of the Planning Authority.

Reason: In the interests of the residential amenity of future occupiers.

20. That prior to the occupation of the last dwelling hereby permitted the detailed scheme approved under the terms of condition 18 above shall be implemented to the satisfaction of the Planning Authority.

Reason: To ensure satisfactory parking facilities and pedestrian access Note: The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of a contribution of up to f20,000 to the Council to be used in the enhancement of existing sports facilities. The planning permission should not be issued until this matter has been concluded.

Background Papers:

Application form and plans received 23rd October 2001 Memo from NLC Protective Services received 8 November 2001 and 27 June 2002 Letter from Scottish Water received 15th November 2001 Letter from The Coal Authority received 9th November 2001 Letter from Scottish Natural Heritage received 15th November 2001 Letter from Railtrack Scotland dated 31'' July 2002-09-24 Letters from Sportscotland dated 30thAugust 2002 and 1gth September 2002

Any person wishing to inspect these documents should contact Lindsay Kellock at 01698 302090. APPLICATION N0. SI0 110 1429/FU L

REPORT

1. Description of Site and ProDosal

1.I Permission is sought by Wilson Homebuilders Ltd for the construction of 36 detached and semi-detached dwellinghouses. The site is bound by Watling Street and Logans Road to the south, the ‘west-coast’ railway line to the north-east and an on-going housing development of new houses (also by Wilson Homebuilders Ltd) to the west. The site was last used early in 2002 partly as a car park and partly as a football field, both of which were used exclusively by the site owner ‘Motherwell Bridge’ whose premises are sited immediately to the south.

1.2 Vehicular access to the site would be taken from Watling Street. The site would also contain a small equipped play area. The application was accompanied by a specialist report on the likely impact on the development of noise and vibration from the adjoining railway and industrial premises (Motherwell Bridge).

1.3 The site owner has made the following comments in support of the application;

a) the proposal continues the regeneration of the area in a coherent manner with positive benefits to the local community. b) Motherwell Bridge has a justifiable and pressing need to dispose of the land in order to reinvest in its core business. c) the site can accommodate 36 houses within a satisfactory residential environment and the number of units is critically linked to the viability of the development. d) the existing staff car park on site has been replaced by a new 221 space car park within the curtilage of their existing premises. e) the football field was last used in early 2002 by an amateur club affiliated to ‘Motherwell Bridge’. The company will encourage the continuation of the club by ensuring adequate funding for the hire of other football facilities.

2. Development Plan

2.1 The development is not of a size or nature which raises strategic issues, although the approved Structure Plan does encourage the proper re-use of brown field sites within urban areas.

2.2 The site is zoned for industrial purposes within the 1953 Motherwell and Wishaw Development Plan. This zoning reflected the use of the site at that time. Given the age of the plan, and the current use of the site, I would give very little or no weight to the terms of that plan.

2.3 The Southern Area Local Plan Finalised Draft (Modified 2001) zones the site as an ‘Established Leisure Facility’ in recognition of the sites past use as a football field.

2.4 In terms of national planning guidance, NPPGI 1 ‘Sport, Physical Recreation and Open Space’ establishes a presumption against the loss of playing fields.

3. ConsuI tat ions and Representations

3.1 There have been no objections to the proposals from neighbouring proprietors.

3.2 Sportscotland, the government’s advisory body on sports matters, originally submitted an objection to the proposal due to the removal of the football field. Following discussions between the site owner (Motherwell Bridge), Sportscotland and my Department, it has been agreed that Motherwell Bridge should make a contribution of up to f20,000to the Council to put towards upgrading existing sports facilities within this part of the Council area, thus acting as compensation for the loss of the football facility.

3.3 Scottish Natural Heritage, Scottish Water and The Coal Authority have no adverse comments to make on the proposals. Railtrack have stipulated conditions to be adhered to during the construction phase. NLC Protective Services Section has advised that;

a) a report will be required to assess the levels of contamination on the site, along with any mitigation measures. (Note: This can be addressed by suitable conditions on any planning permission). b) there is no objection to the proposed development in terms of noise and vibration from the adjoining railway and industrial premises, subject to the recommendations of the noise and vibration report being implemented.

3.3 The Transportation Section is satisfied with the general layout of the development, but has asked that various minor alterations be made. These can be addressed through suitable planning conditions.

3.4 NLC Community Services, when commenting on plans originally submitted with the planning application, noted the lack of equipped play area and the lack of structural planting around the edges of the site including alongside the railway and the public road. Other than the structural planting alongside the railway, these concerns have been addressed through the submission of revised plans.

4. Plannina Assessment and Conclusions

4.1 Although not zoned for residential purposes, I am satisfied that the proposal is acceptable in principle. The adopted development plan for the area is now very old and the industrial zoning merely reflected the use of the site in the early 1950’s. The emerging development plan reflects the most recent use of part of the site as a football pitch. Subject to the financial compensation package agreed with the site owner, I am satisfied that the zoning of the site in the emerging local plan should not act as a hindrance to the proposed development.

4.2 In terms of a suitable use for the site, a residential development will compliment established and recently built housing areas in the immediate proximity of the site. The scale of the development is relatively small and given the context of the site, I am satisfied that it does not conflict with the terms of the adopted Structure Plan. Accordingly, despite being a departure from the adopted and emerging development plan, 1 am satisfied that the principle of the development is acceptable.

4.3 In terms of assessing the details of the proposal, the development meets the terms of the Council’s Guidelines on Open Space Provision and is laid out in a manner typical of such developments. Revised plans have now addressed early concerns relating to the treatment of the elevations from Watling Street and Logans Road, and subject to suitable conditions, the proposal will meet the requirements of the Transportation Section.

4.4 My only concern relates to the relationship of the development with the adjoining railway. Other recent housing developments on Watling Street which adjoin the railway have incorporated a 10.0 metre deep (or thereabouts) landscaped area between the houses and the railway to act as a visual and aural buffer. However, this is missing from the proposal development. The applicant and the site owner have argued that the incorporation of such a feature would render the development unfeasible, and in any case the noise and vibration report, prepared by a specialist in this field, does not advocate such a measure. It is also noted that the terms of the report are accepted by NLC Protective Services Section. I have no doubt that the provision of a landscaped buffer would enhance the quality of life of those living next to the railway line. I am also concerned about claims of inconsistency when previous nearby developments have incorporated such a feature. Despite this, and taking into account the arguments of the applicant, 1 would find it difficult to justify the refusal of planning permission for this reason alone, and I therefore recommend that planning permission should be granted subject to the attached conditions and the noted legal agreement.

4.5 Finally, it is noted that whilst the proposal is a departure from the development plan, the scale and context of the development is such that is not deemed to a significant departure and therefore will not require to be referred to the Scottish Executive. Also, if the Council is minded to grant planning permission, the decision notice should not be issued until the necessary legal agreement tying up the financial contribution has been concluded. Application No: S/01/01702/FUL

Date Registered: 21st December 2001

Applicant: Anell Developments 750-754 Old Edinburgh Road Viewpark Uddingston Glasgow

Agent Russell, Paterson Associates 27 Bothwell Road Hamilton ML3 OAS

Development: Proposed Shopping Development

Location: 648-650 Old Edinburgh Road Uddingston Glasgow G71 6HQ

Ward: 22: Fallside (Charles Hebenton)

Grid Reference: 271 056.661 109.

File Reference: S/PLIB/9/67(69)

Site History: 560/93 Consent granted for single shop 7 September 1994

Development Plan: The site is within an area shown as Private Open Space on the Uddingston - Tannochside Town Map. On the Southern Area Local Plan Finalised Draft (Modified 2001) it is within an area covered by Policy RTL6 - Secondary, Village and Neighbourhood Commercial Areas.

Contrary to Development Plan: No

Consultations: The Coal Authority (No Objection) Strathclyde Police (No Response) NLC Community Services (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the construction of a small retail development at Old Edinburgh Road, Uddingston comprising three small shops. The development site is adjacent to two existing shops and a Nursing Home. I recommend that permission be granted subject to conditions.

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

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

3. That before the development hereby permitted is completed, 9 off-street car parking spaces, including one disabled space, shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

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

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

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

5. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit.

6. That before the development hereby permitted is completed the new vehicular access shall be constructed with 10 metres radius kerbs and a 6 metres wide road.

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

7. That before the development hereby permitted starts agreement shall be reached with the Roads Authority with regard to the siting of the bus shelter adjacent to the site and, if necessary, the bus shelter shall be moved to the required location before the development is completed or brought into use at the expense of the developer.

Reason: In the interests of road safety.

Background Papers:

Application form and plans received 21 st December 2001

Letter from The Coal Authority received 15th January 2002 Memo from NLC Community Services received 25thFebruary 2002 Memo from NLC Transportation Section received 21" February 2002

Any person wishing to inspect these documents should contact Alistair Maclean at 01 698 302093. APPLICATION NO. S/01/01702/FUL

REPORT

1. Description of Site and Proposal

1.1 The site of the proposed development is a small vacant site within a mixed use area on Old Edinburgh Road, Uddingston. Although predominantly in a residential area there is a number of other uses nearby, including commercial, a nursing home and a football ground.

1.2 The proposed development will comprise three small shops of single storey construction with pitched roof. The units will be 97 sq. m., 49 sq. m. and 32 sq. m. A service area for turning and parking will be provided with access off Old Edinburgh Road. The access will be shared with Thorniewood United Football Club which has its own parking area.

1.3 A consent was issued in 1993 for one shop and a unit to replace the Senior Citizens Hut on the site. This consent was never implemented. The present proposal will not affect the Senior Citizens Hut.

2. Development Plan

2.1 The site is within an area shown as Private Open Space on the Uddingston - Tannochside Town Map. On the Southern Area Local Plan Finalised Draft (Modified 2001) it is within an area covered by Policy RTL6 - Secondary, Village and Neighbourhood Commercial Areas.

3. Consultations and Representations

3.1 No adverse comments were received from the consultees.

4. Plannina Assessment and Conclusions

4.1 When initially received the proposals put forward were sub-standard in many respects especially in relation to the proposed access, service and parking arrangements. The applicant has amended the plans and a satisfactory solution has resulted. The provision of parking alongside the shops should encourage shop users to make use of the car park rather than park on Old Edinburgh Road in a congested area where there is a bus stop and pelican crossing. I therefore recommend that planning permission be granted, subject to conditions. Application No: S/02/00296/FUL

Date Registered: 8th April 2002

Applicant: M And D Leisure Ltd Scotlands Theme Park Strathclyde Park Hamilton Road Motherwell Lanarkshire

Agent Douglas McConville Partnership 21 Carlton Court Glasgow G5 9JP

Development: Erection of 51 Bed Hotel with Lounge Bar, New Connection to Existing Bowling Alley, Formation of New Access and Associated Car Parking

Location: Scotland’s Theme Park Strathclyde Park Hamilton Road Motherwell Lanarkshire

Ward: 25: Orbiston (Richard Lyle)

Grid Reference: 272219 658178

File Reference: SIPLIBI7I1OOIPW

Site History:

Development Plan: Zoned as within the Greenbelt in the Central Industrial Area Part Development Plan 1964 but shown as a colliery site. Zoned within the Greenbelt in the Southern Area Local Plan Finalised Draft (Modified 2001)

Contrary to Development Plan: Yes

Consultations: Strathclyde Police (No Objections) S.E.P.A.(West) (No Objections) Scottish Water (Comments) The Coal Authority (Comments) Scottish Natural Heritage (No Objections) Councillor Richard Lyle (No Objections) South Lanarkshire Council (No Objections) Scottish Power (Comments) British Gas Transco (Commen ts) Scottish Natural Heritage (No Objections) Scottish Executive Development DeF)artment( Comments)

Representations: None Received

Newspaper Advertisement: 26 April 2002

Comments:

This application seeks consent for the erection of a 51 bedroom hotel, lounge bar with connection to existing bowling alley and associated carpark and vehicular access at M & Ds funfair, Strathclyde Park, Motherwell. The application site lies to the northwest of the existing bowling alley within the confines of the existing funfair site which is zoned within the Greenbelt in the Southern Area Local Plan finalised draft (Modified 2001). The proposed hotel is three stories high and the connecting bar lounge/foyer, which would link the proposed hotel with the existing bowling alley, includes a glazed and metal clad conical spire structure rising to 20 metres. The application has been assessed in terms of the relevant Structure Plan and Local Plan policies and in terms of the Council's approved strategy for the park. Although the site lies within the greenbelt, it is considered that its impact is within acceptable limits as the site is within the existing funfair carpark and the majority of existing trees around the edge of the site can be retained in order to soften and screen the proposal and minimise its visual impact. Furthermore, although the proposed hotel is not directly required for the purposes of outdoor recreation, it is considered that it will have a strong enough relationship with the existing funfair, which is predominantly outdoor recreation use. Additionally, the applicant has submitted a revised scheme in terms of layout and proposed architecture, which is considered to be acceptable. This application is therefore recommended for approval subject to the imposition of the appropriate conditions

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

Reason: In order for the Planning Authority to assess these matters in the interests of visual amenity.

3. That before the commencement of work on site, the applicant must submit details of a revised car parking layout for the hotel including proposed tree retention to be approved in writing by the Planning Authority and the approved scheme shall be implemented to the satisfaction of the Planning Authority prior to the opening of the hotel

Reason: To provide satisfactory dedicated parking provision and to accommodate the retention of existing trees on the southern roadside of the site in the interests of visual amenity.

4. That before commencement of work on site, the applicant must submit detailed drawings of the relative site levels of the bowling alley, existing trees to be retained and the proposed hotel and associated car parking areas. Reason: In order for the Planning Authority to fully access this aspect in the interests of amenity and to confirm that the tree retention referred to in condition 3 above can be satisfactorily achieved.

5. That before commencement of work on site, the applicant must submit drawings showing a revised roof and elevational treatment of the proposed hotel to be approved in writing by the Planning Authority.

Reason: In order to achieve a satisfactory architectural design and minimise the massing effect of the proposed hotel in the interests of visual amenity.

6. That before commencement of work on site, the applicant must submit a noise assessment carried out by a recognised specialist consultant with respect to the impact of existing noise within the funfair site on the proposed development, to be approved in writing by the Planning Authority and the approved scheme implemented to the satisfaction of the Planning Authority prior to the opening of the hotel hereby being permitted.

Reason: To ensure that existing noise levels are acceptable or can be made acceptable by the application of the appropriate noise attenuation procedures, in the interests of residential amenity.

7. That before the commencement of work on site, the applicant must submit details of the proposed delineation and traffic management scheme for the main funfair carpark, including landscaping work appropriate, to be approved in writing by the Planning Authority and the approved scheme shall be implemented to the satisfaction of the Planning Authority prior to the opening of the hotel hereby permitted.

Reason: To ensure that that the resultant car parking provision for the funfair will be acceptable, in the interests of amenity and road safety.

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

Reason: To enable these matters to be fully assessed in the interests of amenity.

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

Reason: To ensure the satisfactory implementation of the scheme as approved under condition 8 above.

10. That the developer shall afford access at all reasonable times to the West of Scotland Archaeology Service or other archaeological contractor approved in writing by the Planning Authority prior to the commencement of the development, and shall allow them to observe work in progress and record any items of interest and finds uncovered by the proposed works, and that notification of the commencement date shall be given to the West of Scotland Archaeology Service or the approved archaeological contractor in writing not less than 14 days before work commences on site.

Reason: To ensure that if any significant archaeology exists on the application site, that it can be appropriately noted.

NOTE

If granted, this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997

Background Papers:

Application form and plans received 11th March 2002 and amended plans received 11 August 2002 Supporting Statement for application from John Warren Planning Consultants dated 19.02.02. Central Industrial Area Part Development Plan 1964 Southern Area Local Plan Finalised Draft (Modified 2001) Glasgow and Clyde Valley Joint Structure Plan 2002 N.L.C. Strathclyde Country Park Development Strategy 2000 Letter from Strathclyde Police received 10th July 2002 Letter from S.E.P.A.(West) received 20th May 2002 Letter from Scottish Water received 31st May 2002 Letter from The Coal Authority received 9th May 2002 Letter from Scottish Natural Heritage received 16th September 2002 Letter from Councillor Richard Lyle received 25th April 2002 Letter from South Lanarkshire Council received 16th May 2002 Letter from Scottish Power received 1st May 2002 Letter from British Gas Transco received 30th April 2002 Letter from Scottish Natural Heritage received 30th April 2002 Letter from Scottish Executive Development Department received 23rd April 2002 Memo from NLC Protective Services Section received 30 April 2002 Memo from NLC Transportation Section received 14 May 2002

Any person wishing to inspect these documents should contact Paul Williams at 01 698 302091. APPLICATION NO. S/02/00296/FUL

REPORT

I. Description of Site and Proposal

1.I This application seeks consent for the erection of a 51 bedroom hotel, foyer/bar lounge with connection to the existing bowling alley and the formation of associated vehicular access and carpark at M&D’s funfare, Strathclyde Park, Motherwell.

1.2 The application site lies to the northwest of the existing bowling alley on ground currently taken up with roadside landscaping and a dedicated tarmac carpark for the funfair and in this respect is within the confines of the existing funfair.

1.3 The proposed Hotel is three storeys high with a dual pitched and hipped roof and predominantly finished in facing brick, with a roof ridge height of approximately 12 metres, 2 metres higher than the ridgeline of the roof of the existing bowling alley.

1.4 The proposed hotel building is angled away from the existing road through the park in order to accommodate a dedicated access and pathway area to the front of the hotel.

1.5 The applicant also proposes to erect a bar/lounge reception area between hotel and the bowling alley, which would act as a physical link. It is circular in plan with a central glazed and metal clad conical spire structure rising to 20 metres.

2. Development Plan

2.1 The site is zoned within the Greenbelt in the adopted Central Area Part Development Plan 1964 but is also shown as a colliery site. This reflects the sites previous use as part of Bothwellhaugh Colliery. It is zoned within the Greenbelt in the emerging Southern Area Local Plan finalised Draft (Modified 2001), which is considered to be the relevant and overriding local plan when taking into account the age relevancy of the adopted local plan. The site is covered by policies ENV 6 and L8 in the emerging local plan. Policy ENV6 identifies the site within the Greenbelt and presumes against any development or change of use other than that directly associated with and required for agriculture, fishery, the generation of power from renewable sources, outdoor leisure and recreation, telecommunications or other appropriate rural uses. Policy L8 states that the Council will seek to further enhance facilities within Strathclyde Country Park provided that they are consistent with the Council approved Strathclyde Park Development Strategy.

2.2 Other relevant policies are summarised as follows :-

Policy L1 - Which seeks to enhance existing leisure facilities and support private sector initiatives.

Policy L2 - Council support for leisure development to promote economic regeneration.

Policy L5 - The Council will give favourable consideration to tourism related proposals where they accord with local plan polices.

Policy L6 - The Council will seek to encourage Hotel and B+B proposals in appropriate locations. Policy EN5 - Seeks to keep the landscape and visual impact of a proposal within acceptable Iitn its.

Policy EN13- Seeks to protect existing habitats and species.

Policy EN14- Seeks to protect Sites of Importance to Nature conservation or Local Nature Reserves from development.

2.3 Strathclyde Park is identified as a Strategic Environmental Resource in the Glasgow and Clyde Valley Joint Structure Plan 2000 (Policy SP7). It is also identified as a Tourism Development Area (Policy SP5). Other relevant polices are SP6 and SP9. Policy SP6 seeks to improve health, quality of life and safeguard Local employment opportunities. Policy SP9 seeks to protect against sporadic development and safeguard investment in areas identified in Policies SP5 and 7 (ie, Strathclyde Park).

2.4 Although not part of the Development Plan, the application has to be assessed against the Strathclyde Country Park Development Strategy approved by the Council in 2000. The strategy seeks to encourage appropriate development within the park which accords with the Parks main function of providing community leisure and sporting activities which do not compromise the country environment of the park.

3. Consultations and Rewesentations

3.1 The application was advertised as being potentially contrary to the emerging Southern Area Local Plan Finalised Draft (Modified 2001) and as a potential bad neighbour development. No representations were received as a result of the advertisement or through neighbour notification procedure.

3.2 No objections have been received as a result of the consultation process. West of Scotland Water, Scottish Power, Transco, and the Coal Authority have all provided informational comment. SEPA, South Lanarkshire Council, Strathclyde Police and Scottish Natural Heritage have all expressed no objections to the proposal, although Scottish Natural Heritage expressed concern over what it considers to be the incrimental urbanisation of the park.

3.3 The local member, Councillor Lyle, has formally expressed no objections to the proposal. NLC Community Services has expressed concerns regarding the design of the Hotel and any resultant tree loss.

3.4 The Scottish Executive Development Department Road Network Management and Maintenance Division has indicated that a Transportation Assessment in terms of Traffic generation would not be required.

4. Planning Assessment

4.1 This proposal must be assessed in terms of the appropriateness of the proposed use for the application site, the potential environmental and visual impact of the proposal on the park and the potential impact on traffic generation for the surrounding road network.

4.2 The first two issues are adequately covered by the relevant Development Plan Policies as well as the approved Park Development Strategy. In terms of traffic generation, it is envisioned that the proposal, due to its scale, will not significantly impact on traffic flow in the surrounding road network at peak times. 4.3 In terms of Policy, this application must be assessed in the context of the relevant Local Plan and Structure Plan. Due to the obsolete nature of the adopted Local Plan it is considered that the emerging Southern Area Local Plan Finalised Draft (Modified 2001) is more appropriate and relevant and therefore a strong material consideration which outweighs the adopted plan. The application must therefore be assessed in the context of the relevant policies in the emerging local plan and the Glasgow and Clyde Valley Joint Structure Plan 2000.

4.4 The application must also be assessed in terms of the Council approved Strathclyde Country Park Development Strategy 2000.

4.5 The application site is zoned as Greenbelt in the emerging Local Plan. This means that there is a presumption against any development not directly associated with agricultural, forestry, renewable power, telecommunications or outdoor leisure and recreation or other appropriate rural uses. It is considered that the proposal is not directly required for outdoor leisure and recreation, although it is associated with and would be physically linked to the funfair, which is predominately outdoor leisure and recreation. The policy also states that proposals to extend existing businesses in the Greenbelt will only be acceptable where the development would not adversely effect the character and function of the Greenbelt. As the application site lies within the confines of the existing funfair site and the proposed buildings can be adequately screened, this is not considered to be an issue.

4.6 In terms of visual impact, Policy ENV5 seeks to keep the visual impact that a proposal can have in Landscape terms within acceptable limits. Although the proposal hotel is three storey, the applicant has demonstrated that it will not be significantly taller than the existing and adjacent indoor bowling facility. The proposed lounge badconnecting foyer although striking in appearance and rising to a height of 20 metres is considered to be an acceptable and appropriate design when taken in the context of the funfair. Additionally, in this regard, the funfair site is dominated by a big wheel and rollercoaster, which although temporary structures, are reasonably long term in nature.

4.7 It is considered that the proposal will not be significantly visible from the A725 or the M74 from either direction. It will be visible on the northbound carriageway of the East Kilbride Expressway, although from such a distance that its impact is considered to be insignificant. It is considered that the greatest impact in visual terms will be experienced by visitors within the park approaching the site from the Raith Interchange approximately 50 metres from the site. It is however considered that this impact can be kept within acceptable limits with appropriate tree retention measures. In terms of the impact of the massing of the proposed hotel building, it is considered that this can be reduced to acceptable limits with the appropriate architectural amendments. It is therefore considered that the proposal, subject to the appropriate tree retention and architectural amendments will be acceptable in visual terms and therefore compliant with policy ENV5. In terms of the appropriateness of use and visual impact it would be noted that a similar hotel development (The Holiday Inn Express) has been developed within the park adjacent to the Raith Interchange. This hotel is of comparative high visibility and of a modest design, which may be partly due to function as a trunk road roadside facility.

4.8 Policy L8 specifically relates to Strathclyde Country Park and seeks to enhance existing facilities provided that such enhancements are consistent with the Councils Park Development Strategy. This Strategy seeks to encourage appropriate development which accords with the parks aims of providing community leisure and sporting activities which do not compromise the environment of the park. It is considered that provided the visual impact of the proposal is acceptable, the proposal is broadly in accordance with this policy. The concerns expressed by NLC Community services in respect of design and tree loss should be overcome by the submission of the revised design and lay-out of the hotel. 4.9 It is considered that the proposal generally complies with the other related policies L1, 2, 5 and 6 and ENV13 and 14 as outlined in paragraph 2.2. This is because the proposal is in broad compliance with the aims of L1, 2, 5 and 6, which promote economic regeneration, leisure and tourism. It is considered that the proposal complies with policies EN13 and 14 because the application is contained within the existing funfair and will not impact on adjacent environmentally sensitive issues. Furthermore, it is considered that the proposal complies specifically with Structure Plan Policies SP5 and SP7 which identify the park as a leisure and tourist destination and generally with Policy SP9 in the Glasgow and Clyde Valley Joint Structure Plan 2000, which seeks to reinforce the benefits of the park.

5. Conclusion

5.1 In terms of the appropriateness of the proposed use of the site in the context of Greenbelt Policy ENV6, it is considered that the proposal is not required directly for agriculture or any of the other criteria, including outdoor recreation. However, it is considered that the proposed hotel is linked to outdoor recreation, as it will be within the existing site area of the funfair and physically linked to it.

5.2 It is further considered that the proposal can be kept within acceptable limits in terms of visual impact subject to the implementation of the appropriate tree retention measures and architectural amendments. In this regard it is considered that the proposal will comply with Policy ENV5 and satisfy the aims of the Council Development Strategy for the Park.

5.3 It is also considered that the proposal complies with the terms of the relevant Structure Plan Policies.

5.4 This application is therefore recommended for approval subject to the application of the appropriate conditions. It should however be noted that as the proposal does not accord with the adopted or approved Local Plan for the area and is located on land in which the Council has both an interest and a possible financial interest, the application needs to be referred to the Scottish Minister Application No: S/02/00425/0UT

Date Registered: 15th April 2002

Applicant: Lanarkshire Primary Care NHS Trust Strathclyde Hospital Motherwell MLI 3BW

Agent Allied Surveyors Scotland Plc 19 Eastgate Peebles EH45 8AD

Development: Erect ion Of Dw e1 Iing

Location: 187 Station Road Shotts Lanarkshire ML7 4BD

Ward: 18: Dykehead (James Robertson)

Grid Reference: 2871 11.659902

File Reference: SIP LIB 17/61 (61 7)IRT

Site History: No relevant site history

Development Plan: The site is covered by the residential policies within the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: No

Consultations: Scottish Water (comments) S.E. P .A.(West) (no objections) British Telecom (no objections) West Of Scotland Archaeology Service (no objections) The Coal Authority (com ments) British Telecom (no response)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Planning permission is sought for the erection of a dwellinghouse (in outline) at 187 Station Road, Shotts. The erection of a dwellinghouse on this particular site is considered acceptable and will tidy up a site, which is presently fenced off and in an untidy state. No objections have been received from surrounding neighbours or statutory consultees. However Scottish Water indicated that sewer connection can only be made to Robert Street, Shotts, and an advisory note has been attached to highlight this issue to the applicant. The planning application raised no strategic or local plan issue and I recommend that permission be granted, subject to the attached conditions.

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.

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

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

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

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

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

4. That the development hereby permitted shall not exceed one and a half storeys in height and the dwellinghouse shall have a traditional double pitched roof.

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

5. That no habitable windows shall be installed on the side elevations of the dwellinghouse hereby permitted.

Reason: In the interests of the amenity of the adjoining neighbours.

6. That the frontage of the proposed dwelling will be sited so as to be on (or in the approximate vicinity of) the building line of the adjoining properties at 183 and 189 Station Road, Shotts.

Reason: To complement the existing street scene and in the interests of the visual amenity of the area.

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

Reason: To ensure the provision of adequate parking facilities within the site. 8. That before the dwellinghouse hereby permitted is occupied 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 the interests of traffic and pedestrian safety.

9. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

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

Background Papers:

Application form and plans received 5th April 2002 Southern Area Local Plan Finalised Draft (Modified 2001) Memo from NLC Transportation Section received 1st May 2002 Letter from Scottish Water received 7th June 2002 Letter from S.E.P.A. (West) received 30th April 2002 Letter from British Telecom received 12th June 2002 Letter from West Of Scotland Archaeology Service received 28th June 2002 Letter from The Coal Authority received 6th May 2002

Any person wishing to inspect these documents should contact Rosaleen Toal at 01698 302104. Application No: S1021007381FUL

Date Registered: 27th June 2002

Applicant: Messrs Divine & Gray CIo Agent

Agent Architectural Design Solutions 50 Hillcrest Terrace West End Carnwath ML11 9RY

Development: Erection of 2 No. Single Storey Dwellings

Location: Land West Of 275 Allanton Road Shotts Lanarkshire

Ward: 17: Stane (Frank Gormill)

Grid Reference: 285459657984

File Reference: SIPLIB1311 7( 46 )IRC

Site History: No relevant history for application site. Previous consent 287193 for a bungalow (now expired) for adjoining site on west side.

Development Plan: The site is zoned for Other Commercial Uses in the Southern Area Local Plan Finalised Draft (Modified 2001). Policy RTL9 states that proposed new uses will be considered in the light of other Local Plan policies, with particular regard given to their potential compatibility with surrounding land uses.

Contrary to Development Plan: No

Consultations: S. E.P.A.( West) (Comments) Scottish Water (Comments) The Coal Authority (Comments)

Representations: None Received

Newspaper Advertise ment: Not Required

Comments:

The applicant seeks full planning permission for the erection of two single storey detached dwellings on a site west of 275 Allanton Road, Allanton, Shotts. This is a vacant, cleared site whcih is zoned for Other Commercial Uses in the emerging Local Plan. A mixture of other commercial uses lie to the northwest of the rear of the site, and across the access road to the west of the site is a commercial car garage. However, immediately east of the application site and across Allanton Road are other single storey residential properties, and in these circumstances I have no objection in principle to a residential proposal for this site.

Two three bedroomed bungalows are proposed with a new shared access to Allanton Road, and a double garage, parking and turning area provided at the front of each plot. The access and parking arrangements are satisfactory and a 2 metre wide footway along the site frontage can be secured by condition. The proposal meets the Council's open space standards and I would recommend that conditions should be used to secure an adaquate fence and conifer hedge boundary treatment, for visual and sound protection from the commercial premises to the rear. Following consultation replies, I would also recommend a condition to require site contamination investigation and any necessary treatment, and an informative to advise the applicant of the need to agree drainage proposals with SEPA. In conclusion, I would recommend approval of this application subject to conditions.

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

Reason: To safeguard the residential amenity of the area.

3. That before the occupation of either of the dwellinghouses hereby permitted, a 2metre high close boarded fence shall be erected along the boundaries marked GREEN on the approved plans, and a 1.8metre high close boarded fence shall be erected along the boundaries marked BROWN.

Reason: To safeguard the residential amenity of the dwellings, in view of the commercial uses to the north and west, and the residential amenity of the adjoining property to the east.

4. That within six months of the occupation of the first of the dwellings hereby permitted, planting of a conifer hedge shall take place along the inside of the boundary marked GREEN on the approved plans, in accordance with details to be submitted to and agreed in writing by the Planning Authority before development starts. Any trees which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the dwellings, in view of the commercial uses to the north and west.

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

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

6. That before the development hereby permitted is occupied, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. Reason: In the interests of pedestrian safety.

7. That before the first of the dwellinghouses hereby permitted is occupied, a dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

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

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

Reason: To ensure the site is free of contamination.

Background Papers:

Application form and plans received 29th May 2002

Memo from NLC Transportation Section received 14th August 2002 Memo from NLC Protective Services received 12th August and 5th September 2002 Memo from NLC Protective Services received 5th September 2002 Letter from S.E.P.A.(West) received 19th August 2002 Letter from Scottish Water received 19th July 2002 Letter from The Coal Authority received 12th July 2002

Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128. Application No: S/02/00739/FUL

Date Registered: 27th June 2002

Applicant: Brian Jordan Lower Carbarns Wishaw Lanarkshire ML2 ORJ

Agent Mr. J. Kerr McDougall Unit 27 Carfin Industrial Estate Carfin MLI 4UL

Development: Construction of a Detached 4 Bedroomed Dwelling and Alterations to Existing Farm Building to Create a First Floor, 2 Bedroom Flat

Location: Lower Carbarns Wishaw Lanarkshire ML2 ORJ

Ward: 13: Muirhouse And Netherton (Gerald Mciaughlin)

Grid Reference: 277082.653692.

File Reference: S/PL/B/2/23/RC/MJ

Site History: No relevant history

Development Plan: The site is subject to Green Belt policies in the Glasgow and the Clyde Valley Structure Plan 2000 (Strategic Policy I),the Burgh of Motherwell Part Development Plan 1953 and the Southern Area Local Plan Finalised Draft (Modified 2001) (Policies ENV6 and HSG12 apply). In the Local Plan, the site is also designated an Area of Great Landscape Value (Policy ENVI5 applies). Immediately south of the site is a Site of Importance for Nature Conservation and the proposed Clyde Walkway, to which Policies ENV14 and L2.7 of the Local Plan apply.

Contrary to Development Plan: Yes

Consultations: S.E.P.A.(West) (No objection) Scottish Water (Comments) The Coal Authority (Comments ) South Lanarkshire Council (Comments) Scottish Natural Heritage (Comments)

Representations: None Received

Newspaper Advertisement: 12'h July 2002 ,\IT/,

I PLANNING APPLICATION No. S/02/00739/FUL ProdYcBd by Planniw and Environment Headquarters CONSTRUCTION OF NEW DWELLINGHOUSE AND Suite 501, Fleming House 2 Tryst Road ALTERATIONS TO EXISTING FARM (STUD) BIJlLDlNG CUMBERNAULD li G67 1JW TO CREATE A TWO BEDROOM FLAT 01236616210 Fax 01236616232 1:5000 I1 os Llcance LA09041L LOWER CARBARNS, WISHAW Comments:

Full planning permission is sought for the demolition and rebuilding of the structurally unsound Lower Carbarns Farmhouse, together with the creation of a stud manager's flat by the conversion of existing farm buildings. The farm is located at the end of Carbarns Road, southwest of Netherton and the sewage works, in open Green Belt land close to the proposed Clyde Walkway.

In addition to the existing farmhouse, two open storage barns, fixed to the west and southwest sides of the stone farm courtyard buildings, would also be demolished. A two bedroomed stud managers first floor flat is proposed to be created by conversion of space over stables and outbuildings along the south side of the farm courtyard buildings, through the insertion of dormer and velux windows. The proposed new farmhouse would be of equivalent footprint area to the buildings to be demolished, and would be sited mostly on existing hard standing areas immediately south of the remaining farm courtyard buiIdi ngs.

Whilst the proposed replacement farmhouse is a substantial structure, I am satisfied that following amendments made to the originally proposed siting and design, that this application meets the green belt and environmental policy constraints applying to this site. I consequently recommend approval of the application subject to conditions.

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

Reason: In the interests of visual amenity in this area of Great Landscape Value and Green Belt location.

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

Reason: In the interests of visual amenity in this area of Great Landscape Value and Green Belt location.

That, 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 application site, other than that expressly authorised by this permission.

Reason: In the interests of visual amenity in this area of Great Landscape Value and Green Belt location.

That within six months of the first occupation of the replacement farmhouse hereby permitted, all buildings and structures shown to be demolished on the approved plans shall be completely cleared and the land restored, to the satisfaction and agreement in writing of the Planning Authority.

Reason: To accord with the approved Green Belt policy.

Background Papers:

Application form and plans received 28th May 2002, as amended by letters and plans received 22nd July, 21" August and 5'h September 2002 together with letter from Gunn Colthart Structural Engineers dated 1Oth April 2002 Memo from Transportation Section received 22nd July 2002 Letter from S.E.P.A.(West) received 20th August 2002 Letter from The Coal Authority received 12th July 2002 Letter from South Lanarkshire Council received 29th July 2002 Letter from Scottish Natural Heritage received 5th August 2002 Circular 24/85 Development in the Countryside and Green Belts The Glasgow and The Clyde Valley Structure Plan 2000 Southern Area Local Plan Finalised Draft (Modified 2001) The Burgh of Motherwell and Wishaw Part Development Plan 1953 Planning Advice Note 36 Siting and Design of New Housing in the Countryside

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128. APPLICATION NO. S1021007391FUL

REPORT

I. Description of Site and Proposal

1.I The application site is a courtyard complex of farm buildings and surrounding land, at the end of Carbarns Road southwest of Netherton, in open land between a sewage works and the River Clyde. On the south side of the courtyard complex is an area of hardstanding, with a two storey farmhouse to the east of this (to be demolished) and two barns to the west side (also proposed for demolition).

1.2 It is proposed to erect a part 2 storey, part 1% storey replacement 4 bedroomed farmhouse immediately south of the remaining farm courtyard buildings. This would be constructed in roughcast stone walls and dark grey tiles, with an octagonal turret feature at the east end and two chimneys. The building would be 8.8 metres high for most of the living accommodation, but a 1% storey west wing indoor pool and fitness room would be 7 metres high, similar to the existing farm courtyard buildings and designed to resemble a barn structure.

1.3 Secondly, it is proposed to create a two bedroomed stud manager’s first floor flat, by converting existing space over stables and outbuildings along the southside of the farm courtyard buildings. The slate roof would be renewed at its existing 7.2 metre height and a total of four dormer and six velux windows inserted.

2. Development Plan

2.1 The site is subject to Green Belt policies in the Glasgow and the Clyde Valley Structure Plan 2000 (Strategic Policy l),in the Burgh of Motherwell Part Development Plan 1953 and in the Southern Area Local Plan Finalised Draft (Modified 2001) (Policies ENV6 and HSG12 apply).

2.2 In the Local Plan, the site is also designated an Area of Great Landscape Value.

2.3 Immediately south of the site lie a Site of Importance for Nature Conservation and the proposed Clyde Walkway, to which Policies ENV14 and L2.7 of the Local Plan apply.

3. Consultations and Representations

3.1 Scottish Natural Heritage and South Lanarkshire Council have no objection to this proposal, subject to suitable design and conditions which address the planning policy green belt and environmental constraints.

3.2 Scottish Water and SEPA have commented that details of a drainage scheme will need to be agreed, which can be covered by an informative. The Coal Authority’s comments that the site lies within the zone of influence of past mine workings and that appropriate technical advice should be followed can also be addressed by an informative.

3.3 My Transportation Section have no requirements for this proposal and there have been no third party representations received. 4. Plannina Assessment and Conclusions

4.1 The issues which require assessment for this application relate primarily to the green belt and other environmental policy constraints applying to this site and nearby land to the south. There are no residential amenity or transportation concerns in this case and the only issues raised by consultation responses from Scottish Water, SEPA and the Coal Authority could be addressed by condition.

4.2 Green Belt policy set out in Local Plan Policy ENV6 requires that the character and function of the Green Belt be safeguarded, and allows only a limited range of development or changes of use including that directly associated with agriculture, forestry, outdoor leisure and recreation and other appropriate rural uses. In this case, the proposed farm stud manager’s flat proposed by the change of use and conversion of an existing farm building accords with this policy. Neither is there any green belt policy case in principle against the proposed replacement farmhouse, given that the applicant has submitted evidence from a qualified consultant which condemns the existing farmhouse as structurally unsound and incapable of economic restoration.

4.3 The requirements of Local Plan Policy HSG12 on housing in the Green Belt must also be considered. This sets criteria for the conversion of existing buildings to residential use (on being worthy of preservation and not resulting in a significant floorspace increase) which are met for the proposed stud manager’s flat. It also gives requirements for replacement houses where they are necessary, that these should be of comparable footprint, located close to the existing footprint, and with no significant increase in overall floorspace. The proposed replacement farmhouse in this case is of equivalent footprint to the total of the buildings proposed for demolition and also very comparable in terms of overall floorspace. Whilst the new farmhouse would be significantly larger than the existing dwelling alone, taking into account of the proposed demolition of two barns, the footprint and floorspace criteria are met and there would be an additional benefit in terms of opening up views to the stone courtyard farm buildings, which are at present obscured by the barns.

4.4 There are additional requirements in Policy HSG12 on housing in the Green Belt which require the Council to take account of design features and finishes, the visual prominence of the site and the compatibility of the design to a rural location. These aspects can be assessed along with the requirement of Policy ENV15 on the Clyde Valley Area of Great Landscape Value, to resist any proposal having a significant adverse effect on the character and quality of the environment, and the proximity of the proposed Clyde Walkway (Policy L2.7) to the south. The materials, roof heights and design features of the proposed replacement farmhouse have been significantly amended from the original proposals by a simplification of styles and stonework (with the roughcast to follow the stone colour), with the roof in dark grey slate-effect tiles. The lower west wing would have the appearance of a barn-like structure. Subject to a condition on agreeing material samples, I am satisfied with the design now proposed. I would also recommend conditions to restrict and control any future extensions or the erection of fences or walls, and to ensure the clearance of all buildings and structures proposed for demolition.

4.5 The final environmental policy which needs addressing with respect to this application is Local Plan Policy ENV14 on Nature Conservation Sites, in view of the nearby presence of a Site of Importance for Nature Conservation (SINC) to the south. Scottish Natural Heritage has confirmed it has no objection to this development proposal, as it considers there is unlikely to be a threat to natural heritage interests. Subject to an informative requiring drainage details to be agreed through SEPA, I am satisfied that the wildlife interest of the SINC will be protected.

4.6 In the light of the above assessment, I conclude that the Council’s green belt and environmental policy requirements are satisfied by this proposal. There are no other material considerations to address, and I therefore recommend approval of the applications subject to conditions. Application No: S10210091 I/FUL

Date Registered: 28th June 2002

Applicant: Taylor Homes (Scotland) Ltd. Unit 3 Woodhall Road Cambusnethan Wishaw ML2 8PY

Development: Construction of 2 Storey Dwellinghouse

Location: Plot 15 Land SE Of 41 North And South Road Cleland Mot herwelI Lanarkshire

Ward: 18: Dykehead (James Robertson)

Grid Reference: 281424658136

File Reference: SIPLIBI4I411LK

Site History: 467/92 Residential Development (Outline) Granted 1994 S/01/01608/FUL Construction of 14 Houses on adjoining site granted February 2002 S/02/00436/AMD Construction of 14 Houses on adjoining site granted June 2002

Development Plan: Zoned as Green Belt within Southern Area Local Plan Finalised Draft (Modified 2001) Zoned as Green Belt within The Burgh of Motherwell and Wishaw Development Plan 1953

Contrary to Development Plan: Departure

Consultations: The Coal Authority (No objections) Scottish Natural Heritage (Comments)

Representations: I Letter of Representation

Newspaper Advertisement: 19th July 2002

Comments:

Planning permission is sought for a detached 2 storey house which, along with planning application ref. no S/02/00947/FUL (erection of dwellinghouse, also being considered at this meeting) and the 14 houses granted permission earlier this year (application ref. no. S/02/00436/AMD) would result in a culs-de-sac development of 16 houses. Both applications under consideration are identified as being within the green belt within the adopted and emerging local plan. However, planning permission was granted in outline in 1994 (application ref. no. 467/92) for amongst other things a housing development in this location and this should have been reflected in the proposals map of the emerging local plan. The fact that both sites are identified as being within the green belt is, in my opinion, a draughting error in the preparation of the proposals map and accordingly I have no objections in principle to either planning application.

Further details of both planning applications (including a neighbour objection relating to potential noise nuisance from a local dairy business and issues relating to an adjoining Site of Interest for Nature Conservation) is contained within the attached report.

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

Reason: To ensure that all external finishing materials are appropriate in the jnterests of residential amenity.

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

Reason: To ensure a satisfactory standard of development in the interests of the amenity of the area.

4. That notwithstanding the generality of condition no. (3) above, the proposed landscaping scheme shall include a densely planted scheme of tree planting (using native species) within the area hatched GREEN on the approved plans.

Reason: To protect and enhance the setting of the site in the interests of the visual amenity of the area.

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

Reason: To ensure a satisfactory standard of development in the interests of the amenity of the area. 6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of the tree planting scheme referred to in condition number (4) above.

Reason: To ensure the provision of an adequate maintenance scheme for the area.

7. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition (6) shall be in operation.

Reason: To ensure the long term success of the planting scheme in the interests of the amenity of the area and the amenity of the future residents.

8. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

Reason: To ensure a satisfactory standard of development in the interests of the amenity of the area.

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

Reason: To ensure that all fences and walls are appropriately positioned and designed in the interests of residential amenity and road safety.

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

Reason: To ensure that no uses incompatible with a residential area take place within the garage in the interest of residential amenity.

11. That the integral garage shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To ensure that there is adequate and appropriate parking provision within the plot in the interests of residential amenity and road safety.

12. That prior to the commencement of any development on site a report from a professionally qualified person shall be submitted to the Planning Authority in relation to the impact of noise levels from the operation of the adjoining dairy upon the proposed dwellinghouse.

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

13. That prior to the commencement of any development on site detailed proposals shall be submitted to and approved in writing by the Planning Authority relating to any noise attenuation measures required arising from the results of the noise survey carried out under the terms of condition (12) above and designed to minimise the impact of the operation of the dairy on the amenity of the proposed dwellinghouses.

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

14. That the noise attenuation measures required in accordance with the terms of condition (13) above shall be implemented in accordance with a timetable to be agreed with and to the satisfaction of the Planning Authority

Reason: In the interests of the amenity of future residents

Background Papers:

Application form and plans received 28th June 2002 Memorandum from NLC Community Services dated 22 August 2002 Letter from The Coal Authority received 23rd July 2002 Letter from Scottish Natural Heritage received 5th August 2002 Letter from James Speirs, 220 Carlisle Road, Bellside, Cleland, ML1 5NX received 12th July 2002.

Any person wishing to inspect these documents should contact Lindsay Kellock at 01698 302090. APPLICATION NO. S10210091 IIFUL AND S1021009471FUL

REPORT

1. Description of Site and Proposal

1.1 This report relates to the two separate but similar and adjoining planning applications for 2- storey detached dwellinghouses at North and South Road Bellside. Access to the two new houses would be via the culs-de-sac which forms part of the planning permission granted this year for a development of 14 detached dwellinghouses. Plot 15 would back onto North and South Road with a dairy business further to the west on the other side of the road. Plot 16 would back onto the wooded valley and burn. Both application sites are bounded to the south by a horse stabling and paddock area.

1.2 In addition to the planning permissions granted in and around the application sites as noted above, planning permission was granted in 1994 for a large mixed use development which amongst other things allowed for a residential development in this location. In particular, the application site contained the area which currently has planning permission for 14 houses as well as the two application sites currently under consideration.

2. Development Plan

2.1 The sites are identified as Green Belt within the Burgh of Motherwell and Wishaw Part Development Plan 1953 and within the Southern Area Local Plan Finalised Draft (Modified June 2001). The emerging local plan also identifies the area to the north as a private housing development opportunity (Policy HSG2) and the area to the east of plot 16 as a SlNC (Site of Interest for Nature Conservation).

3. Consultations and Representations

3.1 The Coal Authority and the Transportation Manager have no objections in principle to the proposals.

3.2 Scottish Natural Heritage (SNH) has no objections in principle to either planning application but has made the following comments:

0 these developments may create a precedent for further development and a defensible edge of tree planting should be created to the south of the sites using native species 0 no storage or dumping of material should take place outwith the sites, and in particular, no works shall take place within wooded area adjoining the burn 0 no access during or after construction to be taken from the site into the adjoining SlNC

3.3 NLC Community Services has asked that further tree planting be undertaken to ensure that the development is properly integrated into the landscape; that measures are undertaken to ensure the protection of the hawthorn hedge next to plot 15; that the garden at the rear of plot 16 is set back to ensure the protection of the wooded valley area and that the mounding to the south of the site is pulled back to ensure that it does not interfere with the root systems of nearby trees.

3.4 The proprietor of the nearby dairy business has objected to plot 15 for the following reasons:

0 Work at the dairy business commences at 3.00am with vans being loaded and unloaded. 0 the proprietor is aware of the potential of noise disturbance to neighbours, and the location of the dairy business was chosen partly because of its remote nature . 4. Planninu Assessment and Conclusions

4.1 The adopted and emerging local plans both identify the sites as being part of the green belt which normally suggests that both planning applications are unacceptable in principle. However, there are other material considerations which lead me to the conclusion that the principle of the development in both instances is in fact acceptable. As noted above, outline planning permission was granted in 1994 for a residential development, the extent of which covered not only the site which currently has planning permission for 14 houses, but also covers the 2 sites under consideration. The area identified for housing purposes within the emerging local plan should have reflected the planning history of the site, but due to a draughting error, the southern boundary seems to have been drawn too far north. I would argue that in this instance the previous planning permission has in fact established the principle of housing within the site, and that this has not been reflected accurately within the emerging local plan. Despite being a departure from the local plan, I do not consider the application to be of strategic importance. Also, it is not considered to be a significant departure and therefore does not require to be referred to the Scottish Ministers.

4 .2 In terms of assessing the details of the proposals, both are of a similar layout and style to the 14 houses already with planning permission. The relationship between plot 15 and the nearby dairy is no different to the layout which already has planning permission. As before, I would recommend that a noise assessment be carried out by suitably qualified personnel and its recommendations implemented thereafter. Similarly, the comments of both SNH and NLC Community Services can be addressed by suitably worded planning conditions.

4.3 In conclusion, despite the terms of the adopted and emerging local plan, I consider both planning applications to be acceptable in principle. Also, subject to conditions relating to amongst other things noise and landscapinglnature conservation, the proposal is acceptable in detail, and as such I would recommend that planning permission is granted for both proposals. Application No: S/02/00947/F UL

Date Registered: 1st July 2002

Applicant: Taylor Homes (Scotland) Ltd Unit 3 Woodhall Road Cam busnethan Wishaw

Deve Io pme nt : Construction of 2 Storey Dwellinghouse

Location: Plot 16 Land SE Of 41 North And South Road Cleland Motherwell Lanarkshire

Ward: 18: Dykehead (James Robertson)

Grid Reference: 281466 658466

File Reference: SIPLIB14I41ILK

Site History: 467/92 Residential Development (Outline) Granted 1994 S/01/01608/FUL Construction of 14 Houses on adjoining site granted February 2002 S1021004361AMD Construction of 14 Houses on adjoining site granted June 2002

Development Plan: Zoned as Green Belt within Southern Area Local Plan Finalised Draft (Modified 2001) Zoned as Green Belt within The Burgh of Motherwell and Wishaw Development Plan 1953

Contrary to Development Plan: Yes

Consultations: The Coal Authority (No objections) Scottish Natural Heritage (Comments) NLC Community Services (Comments)

Representations: None Received

Newspaper Advertisement: No Response

Comments:

Planning permission is sought for a detached 2 storey house which, along with planning application ref. no S/02/00911/FUL (erection of dwellinghouse, also being considered at this meeting) and the 14 houses granted permission earlier this year (application ref. no. S/02/00436/AMD) would result in a culs- de-sac development of 16 houses. Both applications under consideration are identified as being within the green belt within the adopted and emerging local plan. However, planning permission was granted in outline in 1994 (application ref. no. 467/92) for amongst other things a housing development in this location and this should have been reflected in the proposals map of the emerging local plan. The fact that both sites are identified as being within the green belt is, in my opinion, a draughting error in the preparation of the proposals map and accordingly I have no objections in principle to either planning application.

Further details of both planning applications (including a neighbour objection relating to potential noise nuisance from a local dairy business and issues relating to an adjoining Site of Interest for Nature

Conservation) are contained within the report attached to planning application S/02/0091 I/FUL earlier within this agenda.

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

Reason: To ensure that all external finishing materials are appropriate in the interests of residential amenity.

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

Reason: To ensure a satisfactory standard of development in the interests of the amenity of the a rea.

4. That notwithstanding the generality of condition no. (3) above, the proposed landscaping scheme shall include a densely planted scheme of tree planting (using native species) within the area hatched GREEN on the approved plans.

Reason: To protect and enhance the setting of the site in the interests of the visual amenity of the area.

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

Reason: To ensure a satisfactory standard of development in the interests of the amenity of the area.

6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of the tree planting scheme referred to in condition number (4) above. Reason: To ensure the provision of an adequate maintenance scheme for the area.

7. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition (6) shall be in operation.

Reason: To ensure the long term success of the planting scheme in the interests of the amenity of the area and the amenity of the future residents.

8. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

Reason: To ensure a satisfactory standard of development in the interests of the amenity of the area.

9. That within one month of the date of this permission or before any works commence on site (whichever is the earlier) chespale fencing shall be erected along the boundary as marked YELLOW on approved plans, and at no time during construction works shall any access be taken to the area shaded YELLOW on approved plans and the area shail not be used for dumping or storage of materials or for the siting of plant or machinery.

Reason: In order to protect the Site of Interest for Nature Conservation in the interests of nature conservation.

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, including any modifications as may be required.

Reason: To ensure that all fences and walls are appropriately positioned and designed in the interests of residential amenity and road safety.

11. That notwithstanding the generality of condition no. 10 above, those fences shall not allow for pedestrian access from the development site into the area shaded YELLOW on approved plans, and at no time in the future shall future occupiers of the dwellinghouses of plots 7-10 (inclusive) or plot 16 create a pedestrian linkage into the said area without the written consent of the Planning Authority.

Reason: In order to protect the Site of Interest for Nature Conservation in the interests of nature conservation.

12. That the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouses on the site and no commercial activity shall be carried out, in, or from, the garage.

Reason: To ensure that no uses incompatible with a residential area take place within the garage in the interest of residential amenity.

13. That the integral garage shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To ensure that there is adequate and appropriate parking provision within the plot in the interests of residential amenity and road safety.

Background Papers:

Application form and plans received 28th June 2002 Memorandum from NLC Community Services dated 22nd August 2002 Letter from The Coal Authority received 23rd July 2002 Letter from Scottish Natural Heritage received 5th August 2002

Any person wishing to inspect these documents should contact Lindsay Kellock at 01698 302090. Application No: S/02/00982/ADV

Date Registered: 11th July 2002

Applicant: Maiden Outdoor Advertising Unit 2, Buchanan Business Park Cumbernauld Road Stepps G33 6HZ

Development: Display of Illuminated Advertisement Hoarding

Location: Land At Sub-station Glasgow Road Wishaw Lanarkshire

Ward: 14: Pather And Gowkthrapple (John McGhee)

Grid Reference: 278730 6551 82

File Reference: SIPLIBII 011 7

Site History: No relevant history for application site. Illuminated advert hoarding S/01/01152/ADV dismissed on appeal on 23.07.02 for nearby site at Heathery Rd/ Glasgow Rd junction

Development Plan: The site is zoned as Private Open Space in the adopted Burgh of Motherwell and Wishaw Part Development Plan 1953. It forms part of an Established Utilities site in the Southern Area Local Plan Finalised Draft (Modified 2001) and is subject to PolicyCS5, which requires assessment of new developments against other plan policies and compatibility with surrounding land uses. Policy ENV17 of the Local Plan on Advertisement Hoardings requires examination of their affect on the visual amenity of the area, the affect on public safety and the proliferation of hoardings in the area Contrary to Development Plan: No

Consultations: None

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application seeks express consent for the erection of 1 x 48 sheet externally illuminated advertisement hoarding in a prominent position immediately east of the roundabout junction of Glasgow Road and Alexander Street, Wishaw. The hoarding would measure 6.1 x 3 metres and be fixed to a base plinth 2.5 metres high. It would be situated along the northeastern boundary of a landscaped substation site, and would require the removal of a tree 6 metres in height and a number of shrubs and bushes up to 3 metres in height.

To the south and southwest of the utilities site lie extensive recreational grounds. To the north is an area of mixed residential and ground floor commercial uses in a Secondary Commercial Area. Policy

ENVl7 on Advertisement Hoardings contained in the emerging Finalised Draft Local Plan recognises both the positive and negative effect advertisement hoardings can have on the visual environment in urban areas. In this particular case it is considered the proposed hoarding would be harmful to the visual amenity of the area, in terms of the impact on views for pedestrians, road users and from the residences opposite. An attractive area of landscaping on one of the main approaches to Wishaw Town Centre would be adversley affected. It should be noted that a number of advert hoardings have been allowed on the north side of Glasgow Road west of the current site, and one to the northeast of the current site, however these are in front of derelict land and a railway bridge respectively. Allowing the current proposal would cause an unacceptable proliferation of advertisements along this section of Glasgow Road, contrary to Policy ENV17.

In terms of affect on public safety, I have some concerns that the hoarding could distract drivers negotiating the roundabout immediately west of the application, but on balance I do not consider this sufficient to warrant a road safety reason for refusal.

However, in the light of the amenity issues and the adverse visual affect on a prominent landscaped area on a main approach road to Wishaw, I would recommend refusal of this application.

Recommendation: Refuse for the Following Reasons:-

1, That the proposed hoading, by virtue of its size, position and illumination, would be seen as an over-dominant and conspicuous feature in a landscaped area, thereby being detrimental to the visual amenity of the surrounding area.

2. That the proposed advertising hoarding would be harmful to amenity, and as such it is contrary to the principles of Policy ENV17 of the Southern Area Local Plan Finalised Draft (Modified 2001).

Background Papers:

Application form and plans received 10th July 2002

Memo from Transportation Section received 4th September 2002

Appeal decision letter dated 23.07.02 on application S/01/01152/ADV

Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128. Application No: S/02/01056/OUT

Date Registered: 12th August 2002

Applicant: Mr J Brown 170 Bonkle Road Newmains ML2 9AA

Development: Erection of Residential Development

Location: Land West Of Hawthorn Avenue Newmains Wishaw Lanarkshire

Ward: 16: Newmains (David McKendrick)

Grid Reference: 283310656574

File Reference: SIPLIB13148 RClMJ

Site History: No relevant site history

Development Plan: The proposal is covered by Strategic Policy 1 in the Glasgow and the Clyde Valley Structure Plan 2000. The site is zoned as Greenbelt in the Central Industrial Area Part Development Plan 1964 and the Southern Area Local Plan Finalised Draft (Modified 2001) (Policy ENV 6 applies). - It is also zoned as a Site of Importance for Nature Conservation (Policy ENV 14 applies). - A small rectangle of land to the rear of Nos. 198 and 198A Bonkle Road, ( on which garages used to exist) is zoned within an Existing Housing Area (Policy HSG8 applies).

Contrary to Development Plan: Yes

Consultations: S.E.P.A.(West) (Comments) Scottish Water (Objection) British Gas Transco (Comments) Scottish Power (Comments) The Coal Authority (Comments) West Of Scotland Archaeology Service (Comments)

Representations: 8 Letters of Representation

Newspaper Advertisement: 28th August 2002

Comments:

There are strong policy objections to the development proposed for this site because of its longstanding Greenbelt designation, and also its designation in the Southern Area Local Plan Finalised Draft (Modified 2001) as a Site of Importance for Nature Conservation. There are also transportation and road safety concerns due to the proposed access via Hawthorne Avenue. I recommend, for reasons detailed in the attached report, that permission should be refused. ERECTION OF RESIDENTIAL DEVELOPMENT N $iL$k$h& (IN OUTLINE ) A Recommendation: Refuse for the Following Reasons:-

1. That the proposed residential development is contrary to greenbelt policy set out in the approved Glasgow and the Clyde Valley Joint Structure Plan 2000 (Strategic Policy I), the Southern Area Local Plan Finalised Draft (Modified 2001) (Policy ENV 6), the adopted Central Industrial Area part Development Plan 1964 and in Circular 2411985. The proposal furthermore would have a detrimental affect on an identified Site of Importance for Nature Conservation and be contrary to Policy ENV14 of the Southern Area Local Plan.

Note to Committee

If granted, this application will be required to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

Background Papers:

Application form and plans received 31st July 2002

Memo from NLC Community Services received 20thSeptember 2002 Memo from Transportation Section received 23rd September 2002 Letter from S.E.P.A.(West) received 9th September 2002 Letter from Scottish Water received 17th September 2002 Letter from British Gas Transco received 30th August 2002 Letter from Scottish Power received 29th August 2002 Letter from The Coal Authority received 29th August 2002 Letter from West Of Scotland Archaeology Service received 13th September 2002

Letter from Mr Edward Meechan,l98 Bonkle Road, Newmains, Wishaw, ML2 9AA received 6th August 2002. Letter from Mr & Mrs Chambers,200 Bonkle Road, Newmains, Wishaw, ML2 9AA received 6th August 2002. Letter from Mr Patrick & Mrs Anne Byrne,198 Bonkle Road, Newmains, Wishaw, ML2 9AA received 6th August 2002. Letter from Andrew Merrylees,204 Bonkle Road, Newmains, ML2 9AA received 6th August 2002. Letter from James Irving,35 Hawthorn Ave, Newmains, Wishaw, ML2 9HJ received 15th August 2002. Letter from Mr Mark T McCormick,l94 Bonkle Road, Bonkle, Wishaw received 13th August 2002. Letter from Mr And Mrs J Hyslop,202 Bonkle Road, Newmains, Wishaw, ML2 9AA received 7th August 2002. Letter from Mr Robert Pretswell,29 Hawthorn Avenue, Newmains, Wishaw, ML2 9AJ received 16th September 2002.

Circular 2411 985 Southern Area Local Plan Finalised Draft (Modified 2001) Glasgow and the Clyde Valley Structure Plan 2000

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128. APPLICATION NO. S/02/01056/OUT

REPORT

1. Description of Site and Proposal

1.I The application site of approximately 1.5 hectares site forms part of a large tract of open land to the southeast of the existing housing area of Newmains. It's present condition is that of scrub grassland with bushes and it slopes down to the Auchter Water, which forms the eastern site boundary, close to which is an area of trees with grassland used for grazing beyond. To the west of the application site is a grassed recreation ground, whilst the southwestern boundary adjoins the rear of houses fronting Bonkle Road.

1.2 This is an outline application for residential development of houses and flats. No further details have been supplied but the only point of access to a public road is in the northwest corner of the site, at the eastern end of Hawthorne Avenue.

2. Development PIan

2.1 The proposal is covered by Strategic Policy 1 in the Glasgow and the Clyde Valley Structure Plan 2000. The site is zoned as Greenbelt in the Central Industrial Area Part Development Plan 1964 and the Southern Area Local Plan Finalised Draft (Modified 2001) (Policy ENV 6 applies).

2.2 It is also zoned as a Site of Importance for Nature Conservation (Policy ENV 14 applies).

2.3 A small rectangle of land to the rear of Nos. 198 and 198A Bonkle Road, (on which garages used to exist) is zoned within an Existing Housing Area (Policy HSG8 applies).

3. Consultations and Rewesentations

3.1 Scottish Water have objected to this application as it is outwith the terms of land allocations in the local plan.

3.2 NLC Community Services strongly oppose this application as the great majority of the site is covered by the Crinkledyke Burn Site of Importance for Nature Conservation, which comprises the Auchter Water, marshland, species rich grassland and scattered scrub. They also note that the low ground near the watercourse may be liable to flooding.

3.3 West of Scotland Archaeology Service would not wish to see any approval of this application without a report on an archaeological evaluation of the site being provided by the applicant. However, if the Council were minded to approve the application, they recommend a condition to secure an agreed programme of archaeological works prior to any development commencing, but note that this option may preclude the Scottish Executive's preferred option of preserving any exceptional remains found, in situ.

3.4 My Transportation Section have some concerns about a proposed access via Hawthorne Avenue, as this residential road is liable to be extensively single parked during evening hours. There would be a need to create suitable turning facilities within the application site to serve Nos. 9-35 (odd) Hawthorne Avenue, as well as any new development.

3.5 SEPA have commented that previous uses may have resulted in contamination of the site and a condition would be required to secure investigation and any necessary treatment. Drainage details would also need to be agreed, which could be covered by an informative. 3.6 Comments received by Transco, Scottish Power and the Coal Authority would require informatives to be added, in the event of approval, to ensure the necessary investigation and consultation of potential site hazards or constraints.

3.7 Turning to third party representations, a total of eight letters, all of objection, have been received from all notified neighbours plus one additional resident of Hawthorne Avenue. Issues raised are:- harm to the natural environment and Green Belt and against Green Belt policy; loss of wildlife, including herons; loss of open space used for leisure by local adults and children; potential pollution of Auchter Water and harm to fishing; potential flooding and sewerage problems (Bonkle Road main sewer already at capacity); ground stability concern due to coal workings; additional traffic concerns, with Bonkle Road already being congested and a hazard and Hawthorne Avenue an unsuitable access where there would be road safety concerns for children and a need to provide a replacement road end turning facility; loss of privacy and sunlight; two storey development would be out of character with adjoning Bonkle Road bungalows; noise pollution; applicant wrongly claims ownership of the northwest corner of the site, to south of 198A Bonkle Road.

4. Plannina Assessment and Conclusions

4.1 The first key issue in the consideration of this application is its assessment against national and Development Plan policies on the Green Belt. National green belt policy is set out in Circular 24/1985, which states that there should be a general presumption against any intrusion into designated green belts and that town and villages within green belts should not be allowed to expand beyond the limits established by local plans. This circular also sets out the purposes of green belts, which include establishing a clear definition of settlement boundaries and maintaining the landscape setting of towns. The current application site clearly contributes to these purposes. Further relevant national planning policy is set out in NPPG3 Land for Housing and NPPGI The Planning System.

4.2 Development Plan policies on green belt land are set out firstly in the recently approved Glasgow and the Clyde Valley Joint Structure Plan 2000. Strategic Policy 1 of the Structure Plan requires the continued safeguarding of the Glasgow and the Clyde Valley Green Belt, and imposes a presumption against the spread of built up areas and the encroachment of development into the countryside. It goes on to state that Local Plans shall define the detailed boundaries and policies to protect the Green Belt.

4.3 Policy ENV6 of the Southern Area Local Plan Finalised Draft (Modified 2001) states that this Council will safeguard the character and function of the Green Belt, and indicates that there will be a presumption against development other than that required for agriculture or appropriate other rural uses. Its associated text goes on to set out 7 purposes for Green Belt land locally as:

0 Controlling the growth of built-up areas. 0 Preventing neighbouring settlements from merging. 0 Preserving the character of settlements including their setting. 0 Protecting good quality agricultural land for its productive use. 0 Preserving landscape character. 0 Providing for the enjoyment of the countryside. 0 Preserving natural habitats. 0 Preserving natural habitats.

4.4 The current application site contributes positively to the purposes of the Green Belt within which it lies, and I therefore consider that national and Development Plan policies clearly preclude the granting of an outline consent for residential development. This is an inappropriate form of development in the Green Belt and I do not consider that there are any material considerations which would justify departing from the presumption against development. If members were minded to approve this application, it would need to be referred to the Scottish Ministers as a significant departure from the Development Plan.

4.5 There are a number of other important environmental issues to be assessed in the consideration of this application. Apart from land to the rear of 198 and 198A Bonkle Road, the status of this site is designated in the Southern Area Local Plan as a Site of Importance for Nature Conservation. It immediately adjoins the Auchter Water burn and there are known nature conservation interests in the site which would be harmed by its development. I would also be concerned at the loss of land used for informal recreation purposes, such use being in accord with its green belt status. The West of Scotland Archaeology Service have pointed out that previously undiscovered archaeological remains may be present within the site, given the known history of field enclosure and archaeology improvement in the area, which could be lost by development. Concerns have been raised about the potential for sewerage and flooding problems, but I consider these issues could be covered by a condition requiring agreement of drainage details. I do have concern, however, about the potential for harm by pollution to the Site of Importance for Nature Conservation.

4.6 Turning to access and road safety issues, these have been raised both in third party representations and by my own Transportation Section (see paragraphs 3.7 and 3.4 above respectively). I do not, however, consider these concerns sufficient to warrant a reason for refusal of this outline planning application. Clearly, were the application to proceed to detailed application stage, then the detailed means of access to the site and the layout of all roads, footways and parking areas would need to be fully addressed.

4.7 Additional issues raised by consultation replies on this application include SEPAs suggestion of a requirement to investigate and mitigate possible site contamination, which could be secured by a condition. Other consultation replies indicate the need for conditions or informatives on the need to agree drainage details, investigate part mining issues and consult with statuary service providers. More fundamentally, there is an objection by Scottish Water to the development of this unallocated site which is not designated through the Local Plan for development.

4.8 I turn finally to additional issues raised by third party representatives which are not already covered by this report. Residential amenity concerns have been raised on the potential for loss of privacy and light through the proposed development. However, I am satisfied that, subject to a satisfactory layout and design details, which would be required at detailed application stage, that these issues would not be sufficient to warrant a reason for refusal at this outline stage. Finally, it would appear that a small part of the application site to the south of 198A Bonkle Road is outwith the applicants control. However, as that property owner and also North Lanarkshire Council were both notified of the application, I do not consider this any reason to not determine the application in this case.

4.9 In conclusion, for the reasons set out in the above report, I recommend the application for refusal for reasons of green belt policy and impact on a designated nature conservation site. Application No: S/02/01130/0UT

Date Registered: 13th August 2002

Applicant: Job West 145 Mill Road Allanton ML7 5DD

Agent Robert MacGillivray 6 Blair Road Crossford Lanark ML8 5RF

Development: Construction of Dwellinghouse

Location : 145 Mill Road Allanton Shotts Lanarkshire ML7 5DD

Ward: 17: Stane (Frank Gormill)

Grid Reference: 284663.657792.

File Reference:

Site History: S/02/00444/0UT for 2 dwellinghouses refused 19.07.02 Planning permission 89/448 was granted on 7'h March 1990 for two dwellings with an occupancy condition linking them to the Woodend Caravan Park to the south side (covered by permission 81/155). Since then, permission has been given for two detached dwellings on plots 141 and 143 Mill Road to the east.

Development Plan: The front third of the site is zoned as housing land and the rear part as Countryside Around Towns, in the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: No

Consultations: None

Representations: None Received

Newspaper Advertise ment: 28'h August 2002

Comments:

The applicant seeks outline planning consent for the erection of one dwelling on land between nos. 143 and 147 Mill Road, Allanton. At present there is one mobile home and a small caravan on the site, which are used by the applicant in connection with the Woodend Caravan Park to the south. The frontage of the site to Mill Road is zoned as housing land.

The previous application for two dwellings on this site was refused as overdevelopment which would be out of character with the surrounding properties. However the current proposal for a single dwelling is acceptable and I consequently recommend approval.

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 trees, shrubs and hedgerows to be retained;

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

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

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

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

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

4. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

Reason: To safeguard the amenity of the adjoining residential area.

Background Papers:

Application form and plans received 13th August 2002

Memo from Transportation Section received 1gth September 2002 Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128. APPLICATION NO. S10210113010UT

REPORT

1. Description of Site and Proposal

1.I The application site lies to the north of Woodend Caravan Site and fronts onto the private, unmade part of Mill Road, Allanton, between the recently constructed detached house of no. 143 and the extensive garden area of no. 147 Mill Road.

1.2 Outline planning consent is sought for the erection of a single dwellinghouse. A vehicular access is shown on the application drawing along the western site boundary. No other details have been submitted at this stage.

2. Development Plan

2.1 The northern third of the site is zoned for housing in the Southern Area Local Plan Finalised Draft (Modified 2001), for which Policy HSG8 requires that the existing character be respected. Land to the south of this is zoned as Countryside Around Towns, for which Policy ENV8 states that development not related to agriculture or other appropriate rural uses will not normally be permitted.

2.2 In the adopted Shotts Local Plan 1982, the whole site is zoned a Rural Area, for which Policy RUR2 generally prohibits residential development.

3. Consultations and Representations

3.1 My Transportation Section would prefer no further developments along this stretch of Mill Road, which is non adopted and in poor condition. However, if consent is granted they would request that a 2 metre wide footway be constructed across the site frontage and suitable access details.

3.2 Scottish Water commented on the recent previous application for this site that they would require foul drainage details by sceptic tank to be submitted for their agreement.

3.3 NLC Community Services have also commented previously that they would wish to see existing trees and shrubs along the site boundaries retained and that they consider the site suitable for one large building.

3.4 There have been no other consultees responses to this application and there have been no representations arising from neighbour notifications or advertisement.

4. Planning Assessment and Conclusions

4.1 The first policy issue in the assessment of this application is the site’s split designation as housing and countryside land. A home and a caravan (used as an office in association with the adjoining caravan park) already exist on the site and much of the remainder is hard surfaced. The whole of the eastern site boundary adjoins a large residential plot (no.143). and the northern half of the western boundary adjoins a residential garden (of no.147). In these circumstances I consider that residential development is acceptable in principle on the site.

4.2 The character of adjoining land to the north, east and west is that of detached dwellings in spacious plots. I consider that the current proposal for a single dwelling on the application site would respect this existing character, subject to conditions to control detailed design, siting and landscaping issues.

4.3 Whilst my Transportation Section are concerned about the substandard condition of the unadopted Mill Road, it must be recognised that there is an existing access into the site serving present uses and I do not therefore consider this issue sufficient to warrant a refusal. Details of the proposed access and footway provision can be required to be submitted at detailed application stage.

4.4 The comments of Scottish Water can be addressed by a condition and informative and there are no other issues raised by consultees or others on this application.

4.5 In conclusion, I recommend that the application approved subject to conditions. Application No: S/02/01132/0UT

Date Registered: 13th August 2002

Applicant: Mrs M Thomson, Clo Reid 2 Royal Terrace Wishaw ML2 85X

Agent Douglas Brown Architects 4 Lansdowne Crescent Glasgow G20 6NQ

Development: Erection of Dwellinghouse

Location: Land East Of Hillpark Cathburn Road Wishaw Lanarkshire

Ward: 17: Stane (Frank Gormill)

Grid Reference: 283081 655769

File Reference: §IPLIB/3/44 RClMJ

Site History: - No relevant history on application site itself. - No1 Cathburn Road dwelling (with horticultural buildings) 98/00842/REM approved 11.10.99 with agricultural occupancy condition. - No 3 Cathburn Road dwelling 41/93A approved 12.09.94 following personal circumstances of applicant.

Development Plan: The site is zoned as Green Belt in the Southern Area Local Plan Finalised Draft (Modified 2001) and the Central Industrial Area Part Development Plan 1964.

Contrary to Development Plan: Yes

Consultations: S.E.P.A.( West) (Com ments) West Of Scotland Water (Comments) The Coal Authority (Com ments)

Representations: 3 Letters of Representation

Newspaper Advertisement: 28thAugust 2002

Comments:

The applicant seeks outline planning consent for the erection of a dwellinghouse on open green belt land to the north of Morningside and to the southeast of Newmains. The site is served by a substandard private access Cathburn Road, leading from Morningside Road. Cathburn Road serves a number of scattered dwellings linked to former smallholdings, also two recent bungalows to the southwest of the application site (see history above). In the present case I conclude that there are no special circumstances in support of this application which would outweigh green belt policy, and I therefore recommend, for the reasons detailed in the attached report and set out below, that permission should be refused. / PLANNING APPLICATION NO. S/02/01132/OUT Recommendation: Refuse for the Following Reasons:-

1. That the proposed erection of a dwellinghouse is contrary to Green Belt policy set out in the approved Glasgow and the Clyde Valley Joint Structure Plan 2000 (Strategic Policy I), the Southern Area Local Plan Finalised Draft (Modified 2001) (Policy ENV 6), the adopted Central Industrial Area Part Development Plan 1964 and in Circular 24/1985.

2. That the proposed access to serve the development is inadequate in terms of its width and condition and there would be an adverse impact on road safety, contrary to the principles of Policy TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001).

Background Papers:

Application form, plans and letter received 13th August 2002 and amendment letter and location plan received 21" August 2002.

Memo from Transportation Section received 12th September 2002 Letter from S.E.P.A.(West) received 6th September 2002 Letter from West Of Scotland Water received 3rd September 2002 Letter from The Coal Authority received 29th August 2002.

Letter from Marion McNally,'Hillpark', Cathburn Road, Wishaw, ML2 9QL received 2nd September 2002. Letter from Jack And Moira Smith,l4 Holdings, Cathburn Road, Morningside, Newmains, ML2 9QL received 5th September 2002. Letter from Frank Taylor,l7 Cathburn Holdings, Morningside, ML2 9QL received 9th September 2002.

Glasgow and the Clyde Valley Structure Plan 2000 Southern Area Local Plan Finalised Draft (Modified 2001).

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128. . APPLICATION NO. S/02/01132/OUT

REPORT

I. Description of Site and Proposal

1.I The application site consists of a grass field within a broad swathe of open land to the north of Morningside and to the southeast of Newmains. It is served by the private Cathburn Road, which leads from Morningside Road and is substandard in terms of both width and condition along this stretch. Cathburn Road continues in a northeasterly direction and serves a number of scattered established dwellings linked to farmer smallholdings. To the northeast of the application site is a complex of farm buildings, whilst to the southwest are two modern bungalows and two plastic domes approved for horticultural use (see History Section of summary report). To the northwest and southeast of the site across Cathburn Road is grazing land, across which there are extensive open views. Across Cathburn Road a little to the south lies the older Cathburn Cottage, well screened by established vegetation.

1.2 The applicant seeks outline consent for the erection of a dwelling on this site, but has supplied no further details except to say that design would respect the guidelines of Planning Advice Note 36 ‘Siting and Design of New Housing in the Countryside’. The original application letter referred to the proposed dwelling being for a family member wishing to live close to their elderly mother, but an amendment letter and plans indicate that the adjoining house has recently been sold by the appiicant. There would therefore appear io be no special personal circumstances applying to this proposal, although the applicant has been invited to submit any further revelant information.

2. Development Plan

2.1 The site is zoned as Green Belt in the Southern Area Local Plan Finalised Draft (Modified 2001) and the Central Industrial Area Part Development Plan 1964. Policy ENV6 of the SALP contains a presumption against development other than for appropriate uses and states that the Council will safeguard the character and function of the Green Belt, the purposes of which are listed in the associated text paragraph 2.44.

2.2 Strategic policy 1 of the Glasgow and the Clyde Valley Structure Plan 2000 also requires the continued safeguarding of the Green Belt, within which there is a presumption against the encroachment of development into the countryside.

3. Consultations and Representations

3.1 NLC Community Services have commented on the landscape aspects of the proposal, that a clustering of dwellings would be created which is different to what exists in the area at present, and expressing concern that an additional dwelling will begin to make the area look like an intrusion of suburban housing.

3.2 My Transportation Section state that the access is unsuitable to accommodate additional traffic, noting that Cathburn Road is only 3.7 to 4.0m wide with only one unmarked passing place over its 1 mile length. The access is also substandard in terms of horizontal and vertical geometry, with no footways or street lighting along its length.

3.3 SEPA and Scottish Water have commented on the need for suitable drainage arrangements to be agreed, but this could be dealt with by in informative in the event of approval. The Coal Authority’s comments would not require any condition or informative.

3.4 Turning to third party representatives, three letters have been received which raise the following issues and concerns: (a) Contravention of green belt policy, with application appearing to have no special circumstances to justify it, and concern expressed that a precedent for further development along Cathburn Road is not established;

(b) Loss of a local wildlife site;

(c) The poor condition of Cathburn Road and traffic hazards would be worsened;

(d) Possible drainage / flooding problems;

(e) Detailed design concerns, in particular that any dwelling should only be single storey and result in no overlooking.

4. Planning Assessment and Conclusions

4.1 The key issue in the consideration of this application is its assessment against national and Development Plan policies on the Green Belt. National green belt policy is set out in Circular 24/1985, which states that there should be a general presumption against any intrusion into designated green belts. This circular also sets out the purposes of green belts, which include establishing a clear definition of settlement boundaries, preventing coalescence, providing for recreation and maintaining the landscape setting of towns. The current application site clearly contributes to these purposes. Further relevant national planning policy is set out in NPPG3 Land for Housing and NPPGI The Planning System.

4.2 Development Plan policies on green belt land are set out firstly in the recently approved Glasgow and Clyde Valley Joint Structure Plan 2000. Strategic Policy 1 of the Structure Plan requires the continued safeguarding of the Glasgow and the Clyde valley Green Belt, and imposes a presumption against the encroachment of development into the countryside. It goes on to state that Local Plans shall define the detailed boundaries and policies to protect the Green Belt.

4.3 Policy ENV6 of the Southern Area Local Plan Finalised Draft (Modifications 2001) states that this Council will safeguard the character and function of the Green Belt, and indicates that there will be a presumption against development other than that required for agriculture or appropriate other rural uses. Its associated text goes on to set out 7 purposes for Green Belt land locally as:

0 Controlling the growth of built-up areas 0 Preventing neighbouring settlements from merging 0 Preserving the character of settlements including their setting 0 Protecting good quality agricultural land for its productive use 0 Preserving landscape character 0 Providing for the enjoyment of the countryside 0 Preserving natural habitats

4.4 The current application site contributes positively to the purposes of the Green Belt within which it lies, and I therefore consider that national and Development Plan policies clearly preclude the granting of an outline consent for residential development. This is an inappropriate form of development in the Green Belt and I do not consider that there are any material considerations which would justify departing from the presumption against development.

4.5 This application also needs to be assessed in terms of its proposed access and road safety implications. I am concerned that the proposed private access is unsuitable to serve additional development. With its poor condition, width of 4 metres or less and the absence of any footway or street lighting, I consider that road safety would be jeopardised, all contrary to the principles of Southern Area Local Plan Policy TR13 on assessing the transport implications of development.

4.6 The issues raised in the consultation replies from SEPA, Scottish Water and the Coal Authority do not raise any objection to this application as such, and could satisfactorily be dealt with by an informative to the applicant.

4.7 In conclusion, I have, therefore, recommended the application for refusal on green belt policy and on access and road safety grounds. Application No: S/02/01167/FUL

Date Registered: 29th August 2002

Applicant: Mr And Mrs Hartley 10 Prentice Lane Uddingston Glasgow

Agent Mr. Alastair MacFarlane RlBA 84 Buchanan Drive Cambuslang Glasgow G72 8BA

Development: Extension to dwellinghouse

Location: 10 Prentice Lane Uddingston Glasgow

Ward: 21: Tannochside (David Saunders)

Grid Reference: 270426 661813

File Reference: SPL/B/9/85(234) MRIM J

Site History: None Relevant

Development Plan: The site lies within an a Residential area in the Uddingston Tannochside Town map and within an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified 2001)

Contrary to Development Plan: No

Consultations: None

Representations: 1 Letter of Representation

Newspaper Advertisement: Not Required

Comments:

This planning application seeks consent for a two storey side extension to the dwelling house at 10 Prentice Lane, Uddingston. The ground floor side extension will accommodate a larger lounge. The upper floor side extension will accommodate a bedroom, hall and bathroom. One letter of objection has been received from a neighbour with a list of points which 1 detail in my attached report. Having taken all concerns into account, it is considered that the two storey side extension is acceptable in terms of its effect on neighbouring properties and I therefore recommend that consent be granted subject to conditions. PLANNING APPLICATION No. S / 02 / 01 167 / FUL

EXTENSION TO DWELLINGHOUSE 10 PRENTICE LANE, UDDINGSTON. A .k Location of Obiector 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 before the development hereby permitted is started, two off street car parking spaces shall be provided within the curtilage of the dwelling house.

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

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

Reason: To ensure that the materials complement those of the existing dwelling

Background Papers:

Application form and plans received 19th August 2002

Letter from Mr G Rabone,l2 Prentice Lane, Tannochside, Uddingston received 29th August 2002.

Letter from Mr and Mrs Hartley, 10 Prentice Lane, Tannochside, Uddingston received 21st August 2002.

Uddingston and Tannochside Town Map

Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Murray Reid at 01698 302142. APPLICATION NO. S1021011671FUL

REPORT

1. Description of Site and Proposal

1.1 The proposed development is to build a two storey side extension onto the semi-detached dwellinghouse at 10 Prentice Lane, Tannochside, Uddingston.

1.2 The dwellinghouse is located within a short CUIde sac in a residential estate and fronts onto Prentice Lane.

2. Development Plan

2.1 The site lies within an area zoned for Residential within the Uddingston - Tannochside Town Map and as an Established Housing Area in the Southern Area Local Plan Finalised Draft (Modified June 2001). The development is in accord with the development plan.

3. Consultations and Representations

3.1 No consultations were undertaken

3.2 One letter of representation was received from a neighbour at 12 Prentice Lane, the main points of which are as follows : (0 Loss of sunlightldaylight by overshadowing. (ii) Intrusion of privacy with second storey window. (iii) Access to rear of property severely restricted. (iv) Erection of scaffolding on property.

4. Planninu Assessment and Conclusions

4.1 The proposed development accords with the Development Plan and raises no strategic issues. The main consideration is therefore its impact on the amenity of the area and any neighbouring properties. The following paragraphs detail my comments on the points raised by the neighbour.

4.2 With regard to point (i) above the application property is north facing. Any loss of sunlight would only affect the objector’s front garden in the evening and hence would not fail the standard assessment.

4.3 With regard to point (ii) the proposal is for a hall window which is not a habitable room hence not a relevant consideration with regard to overlooking.

4.4 Further to points (iii) and (iv), the objector claims the extension will be 2.7 metres wide, in fact, it will be 2.1 metres wide allowing for space at the side to access the rear garden and for the erection of scaffolding.

4.5 I have considered the points of objection but find no reason to uphold the points raised or to request amendments to the proposals and as the design proposals are acceptable, I therefore recommend that planning permission be granted, subject to conditions.