PLANNING APPLICATIONS COMMITTEE
Report by Director of Development and Regeneration Services
Contact: Ms L Pasi Phone: 0141 287 6029 (NOT FRI)
APPLICATION TYPE Outline Planning Permission
RECOMMENDATION Grant Subject to Condition(s)
APPLICATION 06/03139/DC DATE VALID 21.09.2006
SITE ADDRESS Site Formerly Known As 515 Crown Street At Cathcart Road/ Caledonia Road Glasgow
PROPOSAL Erection of mixed use development comprising office, residential, hotel with associated access and car parking: Contrary (in part) to the Glasgow City Plan and the Glasgow and the Clyde Valley Structure Plan.
APPLICANT Willie Haughey AGENT Duco Architects C/o Duco Architects Prospect House Prospect House 5 Thistle Street 5 Thistle Street Edinburgh Edinburgh EH2 1DF EH2 1DF
WARD NO(S) 66, Hutchesontown COMMUNITY 02_099, Hutchesontown COUNCIL
CONSERVATION LISTED
AREA
Contrary to Development Plan ADVERT TYPE PUBLISHED 13 October 2006
CITY PLAN Other Retail and Commercial
REPRESENTATIONS/ CONSULTATIONS
The responses from the statutory consultees can be summarised as follows:
Land Services - No Objection (condition(s)).
Scottish Power - Objection. Given the outline nature of the application and the location of apparatus in the vicinity, a holding objection has been lodged, pending the submission of full details at the reserved matters stage.
Strathclyde Structure Plan Team - No Response. Refer to report for Structure Plan policy implications. PAGE 2 06/03139/DC
Architecture Heritage Society of Scotland - Concern expressed that the lack of school and shopping provision within the site will lead to traffic congestion and pollution.
Response:
The proposed site is located within a high accessibility area within the Inner Urban Area. Education, health, social and retail facilities are located within the Crown Street Regeneration Area, immediately to the north of the site and within easy walking distance.
Network Rail - No objection [Conditions].
The proposal was advertised in the Evening Times on 13 October 206, in accordance with the Town and Country [General Development Procedure] [Scotland] Order 1992.
One letter of representation has been lodged on behalf of Independent Glass Company Ltd located within the Dixon Blazes Industrial Estate, to the east of the application site. Concern has been expressed with regard to the proposed residential component of the proposed development. Given the 24 hour operation of their business, they do not want future residents to potentially prejudice their operation on the grounds of complaints regarding noise pollution from their industrial operation.
Response:
The proposed residential development will be adequately distanced from the Dixon Blazes Industrial Area to safeguard future residents from any potential disamenity associated with noise spillage from existing, indigenous businesses. Business units are proposed along the eastern perimeter of the site. This will separate and protect the residential area from the industrial estate and the main access road, Lawmoor Street. Also, all eventual residential development will be required to meet the relevant building regulations with regard to noise insulation.
SITE AND DESCRIPTION
Outline planning consent is sought for the erection of a mixed use development comprising office, residential, hotel and associated car parking, access roads and landscaping; contrary in part to the adopted Glasgow City Plan 2003 and the Glasgow and the Clyde Valley Structure Plan 2000. The estimated cost of the proposed development is in the region of around £120 million. The site is located in the south side of Glasgow, immediately south of the award winning, internationally acclaimed Crown Street Regeneration Area. The site is bounded by Caledonia Road to the north, Cathcart Road to the west, Lawmoor Street to the east, with the West Coast main railway line to the south. The proposed M74 Extension will pass between the site and the railway line to the south and will then form the southern boundary of the development. The majority of the developed area to the north is residential, whereas, to the east of the site lies Dixon Blazes Industrial Estate and the Southern Necropolis. Vacant land lies to the west, on the other side of Cathcart Road, which will be bisected by the M74 Extension. Construction of the new headquarters building for City Refrigeration Holdings (UK) Ltd, located immediately to the north east of the site and fronting onto Caledonia Road, is nearing completion. The M74 Extension will pass directly to the south of the site, with the proposed Polmadie Junction providing the nearest junction.
Historically, the site was occupied by tenement blocks and courtyards in a linear/axial pattern. The Govan Iron Works was located in the southern portion of the site. Tenement dwellings were still located at the north end of the site until the end of the 1960’s, with the southern part of the site occupied by a carpet factory. PAGE 3 06/03139/DC
PLANNING HISTORY.
94/02969/DC Erection of nine non food retail units, two fast food drive-through units with ancillary play area, petrol filling station, ancillary parking, service access and yard (contrary to Structure and Local Plans).
95/02630/DC Erection of non food retail unit, leisure units, business/Class4 units and restaurant development, associated roads, car parking, servicing and landscape works (Contrary to Structure and Local Plans).
97/02062/DC Construction of non food retail warehouse park with associated car parking, servicing and access.
00/00643/DC Erection of non food retail units , two fast food units, one petrol filling station , ancillary parking, landscaping, service access yard and new vehicular access, contrary to Structure and Local Plans.
00/00651/DC Erection of non food retail units, leisure unit, industrial unit (Class 4/5), two fast food units, associated roads, new access, car parking, servicing and landscaping, contrary to Local and Structure Plans.
There are existing retail consents on the application site, however, in view of the currently prevailing market conditions and other current major retail development within a similar catchment, it is not anticipated that a retail development of the scale approved will be viable in this location, hence the current application being advanced for consideration.
Although the Cathcart Road site is currently designated for other retail and commercial use in the City Plan, this reflects historically granted planning consents. The Council’s views on the preferred end use of the site for business and commercial is well known featuring heavily in our evidence to the M74 public inquiry. This position will also be reflected in the City Plan 2 where it is proposed that the site be designated as a strategic business location.
SUBMITTED DOCUMENTS
Financial Appraisal:
Ground conditions and infrastructure issues are dealt with in this document. The requirement for enabling development in the form of housing and a hotel is considered in financial terms. High abnormal costs associated with preparing the site for development (archaeological investigation, decontamination, general site clearance, associated archaeological investigation and monitoring, infill with imported materials, excavation of materials/testing/screening and redistribution within site, importation of materials to create new site profiles, provision of public utilities etc). The document outlines the extent of abnormal costs associated with site preparation. It provides a detailed financial development appraisal for the current mixed use proposal. The document provides evidence that the physical characteristics of the site render a purely industrial/business development unviable and that the proposed mix of uses is required for the delivery of an economically viable scheme. It is estimated that the proposed development, on completion, will create 2,000 jobs.
Masterplan Narrative Dated September 2006
Provides an overview of the outline proposal and market justification for proposed residential, hotel and office use.
Planning Statement
Notes that its purpose is to establish a strategy and design principles for a mixed use development and it is not intended to be definitive in terms of design detail. It is recognised that the detailed design of the individual buildings will be further addressed and refined at the detailed design stage. PAGE 4 06/03139/DC
Transport Assessment:
In order to minimise the use of private cars a Travel Plan has been submitted, which identifies measures to promote the use of alternative travel modes. In the absence of finalised occupiers for the full site, the Travel Plan sets out a series of measures that it is expected will be required to be adopted by each end user. The Travel Plan focus is primarily on the commercial activity. Residential travel plan objectives are primarily related to offering the opportunity for a car to be left at the destination. The Travel Plan submitted for consideration is referred to as a Green Travel Plan. Its objective is to identify sustainable transport measures to be implemented before and during occupation. The Transport Assessment was submitted to Land Services for analysis and comment. Their recommendations have been synthesised into a suite of conditions and advisory notes which will inform the refinement of the proposals, as they progress, to the reserved matters stage.
PROPOSAL
Whilst the application is seeking outline planning permission to establish the principle of office, hotel and residential use on the site, an 'indicative' layout and elevation drawings have been submitted, which illustrate that the mixed use proposal will be inclusive of the following:
• 250 000 sq feet gross of business floorspace. The office element comprises four stand-alone buildings, three of 60,000 sq ft and one of 30,000 sq ft, with car parking provision at an overall ration of 1:359 sq ft. Access is via Lawmoor Street and Cathcart Road. The indicative plans and elevations illustrate low rise 3-4 storey buildings aimed at the corporate occupier market but capable of subdivision on a floor or part floor basis, as dictated by occupier demand. A parking ratio three cars/100 sq m gross achieved.
• 60 bedroom hotel. Indicative height (8 storeys). The lowest two floors will contain restaurant and conference facilities. A parking ratio of one space/two bedrooms has been achieved. The proposed hotel access is off Cathcart Road. A building of high architectural quality will be sought for this prominent location. Its relationship with the category ‘A’ listed, ‘Greek’ Thomson Caledonia Road Church will have to be carefully considered. An advisory note will be attached to this end.
• 600 residential units (limited number of ground floor level ancillary retail, café space) 100% car parking provision, arranged in 10 blocks around central courtyards. The ‘indicative’ plans and elevations propose a range of 3 - 8-storey buildings, with one parking space per flat and incorporating 25% social housing. Access will be via Lawmoor Street and Cathcart Road. Committee is advised that these details are indicative only and should planning consent be granted, no commitment is given to this form of development. Conditions and advisory notes will be attached to any consent which reinforces the Council’s aspiration for an architectural quality and diversity, commensurate with that achieved within the Crown Street Regeneration Area. The latter will be the benchmark for the proposed development with regard to architecture public realm and landscape quality. This relates both to design quality and the final material palette.
The proposed development is inclusive of a comprehensive scheme of hard and soft landscaping. Full details will be submitted at the reserved matters stage.
It is envisaged that the three main uses on the site will be organised to allow a progression from the existing industrial uses within Dixon Blazes Industrial Estate, through the commercial zone which wraps around the residential development, which will be located to the north west of the site to allow it to relate to the existing Crown Street regeneration area. This will allow linkage and connection through the proposed housing to the shopping, healthcare and educational facilities within Crown Street. A landscape buffer is proposed between the commercial and residential zones, marking a clear separation and distinction between the two.
The proposed 60 bedroom hotel will occupy a prominent position in the north west corner of the application site. It is proposed that the vehicular access to the hotel will be kept separate from the residential and commercial accesses which will be from Cathcart Road and Lawmoor Street.
Committee is reminded that the massing, scale, building footprints, fenestration detail and material palette will all be dealt with at the reserved matters stage. The detail submitted as part of this application is indicative only. Appropriate conditions and advisory notes will be attached. PAGE 5 06/03139/DC
POLICIES
The Glasgow and The Clyde Valley Structure Plan - relevant Policies:
Strategic Policy 9 Assessment of Development Proposals. Strategic Policy 10 Departures from the Structure Plan.
Glasgow City Plan - relevant Policies:
Development Policy Principle Dev 5 Other Retail and Commercial Dev 1 Quality and Design
Res 1 Residential Site Layouts Res 3 Residential Greenspace Standards
Des1 Reinforcing Local Character and Identity Des 2 Urban Design Des 3 Building Design and Materials.
Trans 4 Vehicle Parking Standards
The application site lies within an area covered by Development Policy Principle DEV 5 - Other Retail and Commercial in the adopted City Plan. This policy states:
DEV 5
"The areas designated 'OTHER RETAIL AND COMMERCIAL' provide commercial services to the general public at out-of-centre and edge-of-centre locations, ie outwith defined areas of Town Centre and other traditional shopping centres (separate provisions apply to the City Centre). These are substantial areas that may be considered suitable for a variety of uses falling within Class 1 (Shops), Class 2 (Financial, Professional and Other Services), Class 3 (Food and Drink), Class 11 (Assembly and Leisure), and related sui generis uses.
This designation does not, however, indicate a presumption in favour of retail or commercial leisure development, and is subject to the proviso that proposals conform to the relevant policies of the Plan, particularly those relating to the sequential approach to site selection. The Council will seek to maintain and improve the quality of the environment of these areas by supporting developments that will preserve or enhance their amenity and urban design quality and by resisting those that would detract from it."
This area of the Gorbals has experienced substantial physical change over the last decade as developments associated with the Crown Street Project have been implemented. Part of this process has involved the reconfiguration of the street pattern, with the junction of Caledonia Road and Cathcart Road being moved further south and the consequential realignment of Caledonia Road. The planning history over the same period has been just as fluid, with the site's designation evolving from Residential in the Finalised Draft City Plan to the Other Retail and Commercial designation in the Adopted City Plan. This change reflected the City Plan Reporter's recommendation that the site be designated Other Retail and Commercial, in recognition of the retail consent on the former Castle Cash and Carry site.
Events have moved on since the City Plan was adopted and it now appears that the Structure Plan retail requirement for the south of Glasgow could be delivered at Toryglen, adjacent to the existing ASDA store. The site to the north of the application site, fronting Caledonia Road, is also currently being developed for a Class 4 headquarter office building for City Refrigeration Holdings (UK) Ltd. As a consequence of these issues, the emerging City Plan 2 has re- examined the most appropriate DPP for the site and proposes that it is covered by Development Policy Principle DEV 3 Industry and Business. It is also proposed that the application site will be included as part of the City's 2007 Industrial and Business Land Supply when it is reviewed in March. PAGE 6 06/03139/DC
The planning statement supporting the application makes reference to the DRS Committee Report, approved in February 2006, which identifies the site as a potential site for Phase 3 of the Strategic Business and Industrial Sites Programme. The Class 4 element of the current proposal is largely consistent with this Committee Report.
While the application site is not identified as a Strategic Economic Location in respect of Strategic Policy 5 of the Glasgow and Clyde Valley Joint Structure Plan Alteration (JSPA 2006), the proposal includes a Class 4 element greater than 2,000 sq m, and the site is not zoned for business development. As such, the Class 4 element is greater than the threshold identified in Structure Plan Schedule 9 and therefore the proposal requires to be assessed against Structure Plan Strategic Policy 9.
The requirement to assess the proposal against Strategic Policy 9 is solely due to site not being zoned for business development. As outlined above, the emerging policy context is for the site to be re-designated for industrial and business use in City Plan 2. This is clearly a major material consideration in assessing the current Class 4 development.
In respect of the criteria in Strategic Policy 9, these cover the full range of potential uses and as such many are not directly relevant to this current proposal. The criteria relevant to the Class 4 element are:
A. That the case for any development which exceeds the thresholds set out in Schedule 9 has been established in the terms of:
(i) the ten year marketable land supply for industrial and business development;
B. That the location of the development is appropriate in terms of the need to:
(i) safeguard and avoid the diversion of displacement of investment from the development locations identified in Strategic Policies 1, 5, 6 and 8.
(ii) safeguard and promote the vitality and viability of Town Centres identified in Schedule 1(a) by:
(a) locating major office developments within or adjoining the Strategic business Centres identified in Schedule 5(a);
Assessment against these criteria reveals:
A(i) At march 2006, the City's Marketable Industrial and Business Land Supply was the lowest level for the past 10 years (183.41 ha) and just below the minimum 10 year supply required by the Structure Plan (186.74 ha). Whilst the application site does not currently form part of the City's Marketable Industrial and Business Land Supply, it is proposed that the site will be included within the Marketable Land Supply following the review of the Land Supply in March 2007. The re-designation of the site for industry and business will therefore help in addressing the shortfall in the current Marketable Land Supply.
B(i) & Glasgow City Centre is identified as a Strategic Business Centre in Structure Plan Strategic Policy 1
B(iii)(a) Schedule 6(a). City Plan Policy IB 4 provides safeguards to ensure that major office investment is not diverted or displaced from the City Centre. The policy aims to ensure that higher density office developments are located in the Principal Office Area, which lies within the City Centre. The proposed Class 4 element of the current proposals would be required to satisfy the provisions of City Plan Policy IB 4.
At the Reserved Matters Stage, the proposed Class 4 element would require to satisfy the provisions of City Plan Policy IB 4, which states: PAGE 7 06/03139/DC
IB 4
Proposals for Business Class developments are acceptable in the Principal Office Area and areas covered by an Industrial and Business Development Policy Principle, with the Principal Office Area being the preferred location for major office developments. Business Class proposals may also be acceptable outwith these areas, subject to other relevant development plan policies in all cases, proposals will require to meet the following criteria:
(i) Developments shall be located on sites which are, or can be, easily accessed by foot, cycle and public transport.
(ii) Developments shall satisfy the appropriate Vehicle Parking Guidelines and Cycle Parking standards (see policies TRANS 4 and 5).
(iii) New build developments shall conform to the following plot ratios:
Principal Office Area (POA) minimum plot ratio 3.0: 1, subject to maximum plot ratio identified in Policy CC/DES 3 Inner Urban Area maximum plot ration 1.0: 1 Outer Urban Area maximum plot ratio 0.6: 1
Where new build business class proposals also involve an element of non-business use, such as residential or retail, the non-business floorspace will be excluded from the plot ratio calculation.
Exceptions to these plot ratios will only be considered where these can be justified for heritage or townscape reasons or where there would be a demonstrable contribution towards sustainable development and travel patterns. In all circumstances, buildings shall be well designed and use high quality materials (see policy DES 3: Building Design and Materials).
(iv) Outwith the Principal Office Area, a minimum of 30% of the site area of new build developments shall comprise soft landscape treatment. Exceptions to this will only be considered in the City Centre and Inner Urban Area where these can be justified for townscape reasons. Suitable provision shall be made for landscape maintenance.
(v) Developments shall be acceptable in respect of other relevant policies.
DEV 1 'Quality and Design'
This is the overarching principle that applies to development throughout the City. This requires development affecting the built and natural environment to conform to the general urban design principles in the Plan as identified under Policies DES 1 'Reinforcing Local Character', DES 2 'Urban Design' and DES 3 'Building Design and Material'. Although the application is in outline, the overall masterplan concept and indicative building plots, massing and scale show the applicant's ambition to create meaningful urban quarter. The development will be fully assessed relative to this policy at the reserved matters stage.
RES 3 'Residential Greenspace Standards'
Unless subject to the exceptions noted, all proposals for new housing developments are obliged to make provision for access to recreational greenspace (including amenity greenspace), where the standards required are not met. Provision, or contribution towards provision. will be in scale with the impact of the development on current open space and recreational provision. The development will be fully assessed at the Reserved Maters stage with regard to whether a RES 3 financial contribution is required. PAGE 8 06/03139/DC
RES 1 'Residential Density'
Development should provide a range of housing to encourage a social mix and should make provision for family houses wherever possible and practical, including within the city centre. Development of large or locally significant sites should be undertaken within the context of a masterplan for the site. The density of development permitted will be determined on the basis of design and townscape considerations.
RES 2 'Residential Site Layout'
Prescribed standards with regard to privacy, windows-to-window distances, boundary distances aspect etc outlined.
DES 1 ''Reinforcing Local Character and Identity'
The Council seeks to ensure the highest possible quality of the built environment that will enhance and promote a positive image and create a strong sense of 'place'. New development proposals and improvement measures should respect and reinforce local character and identity.
DES 2 'Urban Design'
The Council expects high standards of urban design. All new development proposals should seek to create successful, meaningful and memorable buildings and spaces.
DES 3 'Building Design and Materials'
The design of the new development should be site specific and take account of its context, as outlined in Policies DES 1 and DES 2.
All of the preceding RES and DES policies will be fully assessed at the Reserved Matters stage. The submission does, however, present an indicative layout and arrangement of building plots, generic building forms and a hierarchy of roads and open space. This has been developed and informed by the broader design aspirations for urbanity and mixed use. This indicative layout, given its outline status, is inherently flexible and is expected to be refined as each element of the scheme is subject to detailed design (at the reserved matters stage), with the intention of creating a strong sense of place.
ASSESSMENT AND CONCLUSIONS
The site was allocated in City Plan 1 for other ’retail and commercial ‘development under the terms of Development Policy Principle, Dev 5. This reflected the history of planning applications and appeal decisions on the site. It is now the City Council’s view that the development of this site and the neighbouring British Rail Board site to the west of Cathcart Road for non food retail purposes is no longer appropriate or supportable.
The Council’s view on the preferred end use of the site for ‘business and commercial’ feature heavily in our evidence in the M74 Completion Public Inquiry. Further, a report to the Development and Regeneration Committee in February 2006, recommended that the site be identified as a Strategic Business /Industrial Site. City Plan 2, currently under preparation, will reflect this view.
The difficulty of viable delivery of the site for a mono business use, however, is recognised, given the range of development constraints, including ground conditions and the requirement of major infrastructure works. Indeed, a number of strategic industrial sites within the City, which have lain similarly undeveloped, have required a more mixed package of uses to enable their delivery, notwithstanding the wider regenerative benefits such a mixture of uses delivers.
The application site has lain vacant in excess of 15 years. The applicant is unable to bring forward a development which meets the costs of tackling the adverse ground conditions and contamination, and to meet the Council’s aspirations for a high quality development with a significant investment in architectural quality and public realm. PAGE 9 06/03139/DC
The principal objective of the proposed development is the delivery of a mixed use scheme which will deliver employment [within an emergent hotel and business sector] and the creation of a quality residential environment, which will build upon, and reinforce, the Crown Street regeneration initiative. Indeed, the original Crown Street Masterplan envisaged a ribbon of residential development within the site, along Caledonia Road. In order to meet the Council’s business space aspirations, development objectives for the site and provide the basis for securing the development of the site within a reasonable timescale, residential development is being proposed, in order to offset the high abnormal costs of infrastructure, decontamination and servicing for the business component.
In conclusion, the proposed development has the potential to create a vibrant, mixed use residential/employment quarter which will realise the physical, economic and social renewal of a significant brownfield site. It will remove a large tract of derelict land which has been blighting the area for many years and could unlock the site’s potential with regard to employment generation and community renewal.
The proposed mix of uses including business, hotel, residential and local retail is viewed as compatible with the site’s land use designation within the emerging City Plan 2. On the basis of the foregoing, it is recommended that outline planning consent is granted subject to the attached conditions.
CONDITIONS AND REASONS
01. Notwithstanding the provisions of Classes 38 - 40 (inclusive) of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992 (or any order revoking and re-enacting that Order), the submission for approval of reserved matters shall incorporate details of the siting, design and enclosure of any structure for the supply of gas, electricity, or water on site.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
02. The submission for approval of reserved matters shall incorporate details of all services serving the site, (ie water, sewerage, electricity, street and footpath lighting, gas and telephone).
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
03. The submission for approval of reserved matters shall incorporate detailed plans showing existing ground levels and proposed ground levels. No alterations will be permitted without prior written approval, and spoil from founds etc. shall be removed from the site or stored in an approved area.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
04. No construction work shall take place on site until a series of tests for ground contamination have been carried out in accordance with a method approved by the Planning Authority and the recommendations published by the Department of the Environment. No construction work shall be started until remedial work considered necessary by the Planning Authority as a result of these tests has been carried out and the ground has been made safe.
Reason: To ensure the ground is suitable for residential development.
05. A series of tests for ground contamination shall be carried out on site in accordance with a method approved by the Planning Authority and the most recent recommendations published by the Department of the Environment. Full details of the tests and their results shall form part of any application for approval of reserved matters. No construction work shall take place until all remedial work considered necessary by the Planning Authority as a result of the tests has been carried out and the ground has been made safe.
Reason: To ensure the ground is suitable for residential development.
06. Proposals for contractors' storage and compound areas and construction of vehicle access shall form part of the submission of reserved matters and detailed plans shall be submitted to the Planning Authority for approval.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail. PAGE 10 06/03139/DC
07. Details of any temporary barricades proposed during the works involved shall be submitted to the Planning Authority for approval and before commencement of work on the barricades and shall be implemented in the approved manner. The barricades shall be painted and/or maintained in good condition and kept free of advertisements.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
08. Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called the reserved matters) shall be obtained in writing from the Planning Authority prior to the start of any work on site. All reserved matters to be submitted for approval within three years of the date of this permission.
Reason: In compliance with Section 59 of the Town and Country Planning (Scotland) Act 1997.
09. All telephone services within the development shall be underground and the developer shall construct ducting capable of carrying an underground service prior to the occupation of each unit.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
10. A phasing strategy is to be submitted for the consideration of the Planning Authority.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
11. A noise survey carried out by a method to be agreed by the Planning Authority shall be contained within an application for approval of reserved matters and no dwelling shall be constructed on any part of the site currently exposed to an LAeq (24 Hour) in excess of 60dB and/or an LAeq (9 hour), ie between 2200 and 0700 hours, in excess of 50dB. A scheme for protecting the occupiers of dwelling(s) shall be submitted along with the noise survey for any part of the site currently exposed to a maximum sound pressure level in excess of 70dB from rail traffic movements between the hours of 2200 and 0700. The scheme shall be approved in writing prior to the commencement of works. All works necessary to ensure that the noise levels are not exceeded shall be carried out prior to occupation of the dwelling(s) hereby approved.
Reason: In order to protect the residential amenity of the development and to ensure that no dwellings are erected in a position which exposes them to unacceptable levels of noise and/or vibration.
12. A vibration survey carried out by a method agreed by the Planning Authority shall be contained within an application for approval of reserved matters. No dwelling shall be constructed within 30 metres of a railway track where that track is in use by heavy duty locomotives or iron-ore freight trains. In all other cases a scheme which demonstrates that the construction and design of any dwelling is such that it will not be adversely affected by excessive magnitudes of vibration from rail traffic movements as detailed in BS6472:1984 "Evaluation of Human Exposure to Vibration in Buildings, (1 Hertz to 80 Hertz)" shall be submitted along with the Vibration Survey. The scheme shall be approved in writing prior to the commencement of works. All works which form part of the approved scheme shall be completed before any of the dwellings hereby approved are occupied.
Reason: In order to protect the residential amenity of the development and to ensure that no dwellings are erected in a position which exposes them to unacceptable levels of noise and/or vibration.
13. A noise survey carried out by a method agreed by the Planning Authority shall be submitted together with proposals to ensure that the dwellings shall be designed and constructed so that noise from road traffic does not give rise to an internal L10 (18 hour) level of more than 40dB(A), (windows closed). The works required to ensure that internal noise levels are not exceeded shall be approved in writing by the Planning Authority prior to construction commencing and shall be carried out prior to the occupation of any dwelling.
Reason: In order to protect the residential amenity of the development and to ensure that no dwellings are erected in a position which exposes them to unacceptable levels of noise and/or vibration. PAGE 11 06/03139/DC
14. All landscaping, including planting, seeding, turfing and hard landscaping as contained in the approved details shall be completed following the occupation of the first dwelling; any trees or plants which, within a period of five years from the completion of the development, die, are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Planning Authority gives written consent to any variation. The landscaping shall be maintained in accordance with the approved management schedule.
Reason: In order to protect the visual amenity of the surrounding area.
15. The submission for approval of reserved matters shall incorporate details of the provision of footpaths and children's play areas.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
16. The developer shall provide adequate lighting in all parking courts and along pedestrian footpaths and shall make arrangements for the future maintenance of same.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
17. The submission for the approval of reserved matters shall incorporate finished floor and road levels.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
18. Noise from or associated with the completed development (the building and fixed plant) shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve (NRC) 35 between the hours of 0700 hours and 2200 hours and Noise Rating Curve (NRC) 25 at all other times.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
19. All mechanical ventilation and air conditioning plant shall be suitably isolated from the structure of the building and fan units positioned in a ducted system shall be isolated from the ducting by means of flexible connections.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
20. Suitable provision shall be made for refuse storage facilities including provision of appropriate refuse bins. Full details shall be submitted to and approved by the Planning Authority prior to the commencement of works.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
21. Disposal of Cooking Odours/Fumes
(a) Canopies - A suitable canopy (or canopies) shall be located above all cooking appliances.
(b) Air Flow - The canopy face velocity shall be not less than 0.5 m/s.
(c) Primary Grease Filtration - Labyrinth (baffle) grease filters shall be installed within the canopy or canopies.
(d) Secondary Filtration - An open fibre disposable filter and a pleated non-woven felt type filter and a non-woven bag type filter shall be installed in the system in that order.
(e) Electrostatic Precipitation - A suitable system shall be installed downstream of the secondary filtration. PAGE 12 06/03139/DC
(f) Main Filter Media - A suitable mixed media activated filter shall be installed as final treatment of flue gases.
(g) Disposal of Flue Gases - All cooking odours from the premises shall be disposed of by means of a suitable duct carried up the rear wall and terminating above eaves level.
(h) Air Input - A suitable air input system shall be provided by means of a pleated inlet filter, supplying clean filtered air equivalent to at least 80% 'make-up¿ of the extracted air.
(i) Operation of Ventilation System - The electrical installation shall be so arranged to ensure that the ventilation system is working during periods when the premises are open for the preparation and/or cooking of food.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
22. Disposal of Cooking Odours/Fumes
(a) All cooking smells, noxious fumes or vapours from the premises shall be disposed of by means of a suitable duct carried up the rear elevation and terminating at a point 1 metre above eaves height. The duct shall be free from any obstruction such as a plate, cowl, or cap or any other deflection at its termination point.
(b) A ventilation and filtration system incorporating at least the following elements shall be installed and operational prior to the start of the use hereby approved. The elements to be included are:
(i) Canopies - A suitable canopy (or canopies) shall be located above all cooking appliances. (ii) Air Flow - The canopy face velocity shall be not less than 0.5 m/s. (iii) Primary Grease Filtration - Labyrinth (baffle) grease filters shall be installed within the canopy or canopies. (iv) Air Input - A suitable air input system shall be provided by means of a pleated inlet filter, supplying clean filtered air equivalent to at least 80% 'make-up' of the extracted air.
(c) A maintenance and management scheme for the ventilation and filtration systems including all aspects referred to in (a) and (b) above shall be submitted to, and shall be approved in writing by, the Planning Authority prior to the commencement of the use hereby approved and shall thereafter be implemented as approved.
(d) Mechanical and electrical installations shall be suitably arranged to ensure that the ventilation system is in operation during periods when the premises are open for the preparation and/or cooking of food.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
23. Light from the use of the facility shall not give rise to:
(a) An "Upward Waste Light Ratio" (maximum permitted percentage of luminaire lux that goes directly to the sky) in excess of 15%
(b) A "Light Into Windows" measurement in excess of 10Ev (lux). (Ev is the vertical luminance in lux.)
(c) A "Source Intensity" measurement in excess of 100 Kcd (kilocandela). (Source Intensity applies to each source in the potentially obtrusive direction out of the area being lit.)
Reason: In order to safeguard the property itself and the amenity of the surrounding area. PAGE 13 06/03139/DC
24. The applicant requires to submit a noise survey to demonstrate the impact of rail traffic noise on the development using the principles set out in 'Calculation of Railway Noise' (DoT, HMSO, 1995). The survey shall be submitted to and approved by the Planning Authority and shall identify the Noise Exposure Category specified in Planning Advice Not 56 within which the development will fall.
If it falls within Category 'B;' or 'C', then a scheme for protecting the proposed dwellings from transportation noise shall be included with the survey. The scheme shall ensure that the internal levels do not exceed 40dB daytime and 35dB night-time when measured as LAeqT.
If the development falls within Category 'D' and permission is not refused, the internal levels specified should still be met.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.
25. No development shall take place within the development site, until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service and approved by the Planning Authority. Thereafter, the developer shall ensure that the archaeological resources within the development site is undertaken.
Reason: To ensure that the appropriate methodology to address the archaeological issues raised by the development is considered and confirmed before development work on site commences, and would allow the Council to ensure that the correct level of mitigation fieldwork is undertaken and reported on.
26. Emissions to air from or associated with the completed development shall not lead to a significant adverse effect on the level of air pollutants as described in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
27. An assessment of the impact of emissions to air from or associated with the completed development shall be carried out and a report submitted to and approved by the Planning Authority prior to the granting of planning consent.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
28. Construction and/or demolition work associated with this development shall not give rise to a significant adverse effect on the level of air pollutants as described in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland.
Reason: To safeguard the character of the listed building and the amenity of the surrounding Conservation Area.
29. An assessment of the impact from emissions to air from construction and/or demolition work associated with this development shall be carried out and a report submitted to the satisfaction of the Planning Authority prior to the commencement of works.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
30. There is a potential for the residents of the proposed development to be exposed to levels of air pollutants that exceed air quality objectives as described in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland due to the close proximity of Cathcart Road and Caledonian Road. An assessment of the likely exposure to air pollutants for residents of the proposed development requires to be carried out. The assessment shall be submitted to and approved by the Planning Authority and mitigation measures completed prior to occupancy of any of the residential units.
Reason: In order to safeguard the property itself and the amenity of the surrounding area. PAGE 14 06/03139/DC
31. The applicant requires to submit a noise survey to demonstrate the impact of road traffic noise on the development using the principles set out in “Calculation of Road Traffic Noise” (DoE/Welsh Office, HMSO, 1988). The survey shall be submitted to and approved by the Planning Authority prior to the commencement of works and shall identify the Noise Exposure Category specified in Planning Advice Note 56 within which the development will fall.
It is within Category B or C, a scheme for protecting the proposed development from transportation noise shall be included to ensure that the internal level with the windows closed does not exceed 45dB(A) daytime and 35dB(A) night-time, when measured as LAeqT.
If the Development falls within category D and permission is not refused, the internal levels specified should still be met.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
32. The minimum business floorspace (gross), maximum number of residential units and maximum hotel bedroom space within the overall scheme shall be:
Use Floorspace Number of Units Class 4 Business 250,000 sq m Residential Flats 600 Hotel 60 bed
Reason: In order to achieve an appropriate scheme mix, consistent with the aims and policies of the Glasgow and The Clyde Valley Structure Plan and The Glasgow City Plan.
33. In conjunction with the Laurieston Regeneration Steering Group (GCC Planning Ref: 06/01855/DC), the applicant shall jointly develop/contribute towards appropriate and effective mitigating junction improvements to accommodate the expected traffic increases that will arise with both development proposals. The cumulative joint traffic impact assessment shall study the key routes and junctions where development traffic will have an adverse impact (eg Cathcart Road - Cumberland Street - Eglinton Street corridor, Gorbals Street corridor and Laurieston Road corridor). Detailed proposals for the upgrading of key junctions that are affected by development traffic shall be prepared and submitted to Land Services for approval, prior to the submission of the first 'full' or 'approval of reserved matters' application.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
34. A 'robust' Travel Plan that promotes and encourages sustainable travel to the office component of proposed development shall be developed and submitted for the approval of the Planning Authority.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
35. The indicative masterplan is not approved. All new roads and works on the existing roads shall be designed/constructed in accordance with the GCC Roads Development Guide, and as appropriate the Glasgow City Plan.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
36. In order to reduce development traffic flows at the Cathcart Road/Caledonia Road junction, the internal development road network should be redesigned in such a manner to provide a direct link between Cathcart Road and Lawmoor Street.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area. PAGE 15 06/03139/DC
37. Access to the development site shall be taken via roads (Residential - 5.5m minimum width, Commercial - 6m minimum width, with continuous 2m wide footways and turning facilities) of a sufficient length that connects/serves all the proposed entrances to the proposed flatted dwellings/commercial outlets.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
38. Suitable transition into residential elements of the development must be provided with appropriate traffic calming on all residential roads.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
39. No more than 300 residential units should be serviced from a single access point.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
40. Vehicular accesses to all 'private' car parking shall be taken via dropped kerbed footway crossing constructed in accordance with Figures 1018/10.19/10.20 of the GCC Roads Development Guide.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
41. Appropriate servicing access shall be provided for refuse collection and emergency services given the lack of direct frontage access to the site from existing surrounding roads.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
42. Car parking provision for the residential element shall accord with Policy TRANS 4 of the Glasgow City Plan. Each dwelling shall be allocated a specific 'private' off-road space (ie located within an off-road basement/undercroft/parking court).
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
43. Appropriate levels of safe, secure and sheltered storage for cycles shall be provided for the proposed office and ideally the residential elements in accordance with Policy TRANS 6 of the Glasgow City Plan.
Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.
ADVISORY NOTES TO APPLICANT
01. The applicant is advised that all foul drainage from the site should be connected to the public sewer. Written assurance should be sought from Scottish Water that the additional flow, arising from the development, will not cause or contribute to the premature operation of consented storm overflows.
02. Construction works associated with the development of the site must be carried out with due regard to SEPA's guidelines on avoidance of pollution. Reference should be made to the relevant Pollution Prevention Guidance (PPG). Notes are available on SEPA's website at www.sepa.org.uk and CIRIA publication C651 'Environmental Good Practice' pocket book.
03. The applicant is advised that, given the site's relative isolation from existing greenspace facilities, such as parks, children's play areas and outdoor sports facilities, any detailed proposal should aim to meet as much of the RES 3 requirement as possible, on site. This could be in the form of a pocket park, including games courts, play areas and amenity spaces.
04. Prior to the installation of the ventilation system for the disposal and treatment of cooking odours from the premises, the applicant should submit certification from a member of the Heating and Ventilating Contractor's Association or other suitably qualified person, to the Planning Authority, confirming that the proposed system will satisfy requirements of Sections (a) and (b) of the condition relating to the disposal of cooking odours/fumes. PAGE 16 06/03139/DC
05. Prior to the commencement of the use hereby approved, the applicant should, following the testing of the installation, submit certification from a member of the Heating and Ventilating Contractor's Association or other suitably qualified person, to the Planning Authority, confirming that the installation meets its design specification.
06. The applicant is advised to liaise with the Planning Authority during the preparation of the submission for approval of reserved matters.
07. It is recommended that the applicant should consult with Land Services (Roads) at an early stage concerning this proposal, in respect of legislation administered by that Department which is likely to affect this development.
08. It is recommended that the applicant should consult with Scottish Water concerning this proposal in respect of legislation administered by that organisation which is likely to affect this development.
09. It is recommended that the applicant should consult with Environmental Protection Services (Environmental Health) concerning this proposal in respect of legislation administered by that Department which is likely to affect this development.
10. Any proposed temporary barricade should be fitted with wooden fillets to prevent fly-posting. The barricade should be painted and maintained in good condition for the duration of its use.
11. It is recommended that the applicant should consult with Environmental Protection Services (Building Control Operations and Safety) as a Building Warrant may be required for the development.
12. The applicants are reminded of the following policies of Environmental Protection Services (Cleansing):
REFUSE CONTAINMENT
It is the responsibility of the developer/owner to purchase the agreed means of refuse containment.
WHEELED BIN REFUSE COLLECTION
Where the developer is planning a wheeled bin method of refuse containment and collection, the conditions governing this system must be complied with, ie that the wheeled bin is presented at/and collected from, the agreed location (kerb side, air space etc) on the advised day of refuse collection by the owner/tenant/caretaker etc.
13. The applicant is advised that appropriate sustainable urban drainage systems (SUDS) should be incorporated in this development. See: Sustainable Urban Drainage Systems - Design Manual for Scotland and Northern Ireland.
14. All the potential archaeological remains identified within the development area shall be dealt with, in keeping with the issued planning guidance, and hence through the Planning Authority and the West of Scotland Archaeology Service.
15. The applicant is advised that all construction and demolition wastes arising at the site must be disposed of and/or re-used in accordance with the terms of the Waste Management Licensing Regulation 1994 (as amended).
16. For the avoidance of doubt, the building locations footprints, massing and height are 'indicative' only and not approved as part of the approved consent.
17. The applicant is advised that the provision of safe, secure and covered cycle parking, in accordance with Policy TRANS 4 of the Glasgow City Plan, should be evenly distributed around the site and be easily accessible from the main cycle route. PAGE 17 06/03139/DC
18. The applicant is advised that planning approval does not sanction approval to any of the 'indicative' information submitted, relative to building design, layout, height, massing, building footprints, material palette. All details will be considered and approved at the reserved matters stage.
19. The applicant is advised to liaise, at an early stage, with Mr David Hodgson, West of Scotland Archaeology Service, 20 India Street, Glasgow G2 4PF (0141-287 8330) to discuss the anticipated complexity of the archaeological remains in this area and the difficulties that may be encountered during any excavation.
20. The applicant is advised that construction consent (S21) is required for all the proposed roads.
21. The applicant is advised that a Road Bond (S17) is required prior to house construction commencing.
22. The applicant is advised that each prospective purchaser should be advised that they will not be eligible to purchase a resident’s on-road parking permit, should these be introduced in the future, in line with Council policy.
23. The applicant is advised that all redundant roads within the development shall be stopped up under the powers of the Town and Country Planning (Scotland) Act 1977.
ADVISORY NOTES TO COUNCIL
01. This application has been identified as being either a departure or potential departure from the development plan. All third party objectors require to be notified of the decision and the reasons for it.
02. This application requires to be notified to the Scottish Ministers under the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. (NOTDIR)
REASONS FOR CONSENT CONTRARY TO DEVELOPMENT PLAN
01. The proposals, which were identified as potentially contrary to Development Policy Principle DEV 5: Other Retail and Commercial are acceptable in terms of regeneration and economic growth.
for Director of Development and Regeneration Services DC/ LKP/t/3 02/02/2007
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