North

DEPARTMENT OF PLANNING AND DEVELOPMENT

PIa nn i n g Ap pI i ca t io ns for con side rat io n of Planning and Development Committee

Committee Date : 9th September1 998

AdENOA ITEM MO. \-

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 9th SEPTEMBER, 1998

Page No. Application No. Applicant Development/Locus Recommendation

4 N/94/00420/PL Alexander Russell PLC Formation of 7.3 metres carriageway extending 750 Grant metres south from Crowwood Roundabout and Incorporating a 30 metre Span Structure over the Cumbemauld/Glasgow Railway Line, Gamkirk Estate, Cumbemauld Road, . Glasgow

10 N/98/00629/FUL James Dewar Conversion of Redundant Agricultural Buildings to Grant form Four Self-contained Tourist Units, Adamswell Farm, Cumbemauld.

18 N/98/00705/FUL Barratt West Residential Development (87 Dwellings) on Plant Grant Limited Storage Yard, 124 Heathfield Avenue, Moodiesbum.

27 N/98/00718/OUT Samurai Property Holdings Erection of 2 Storey Office Building (in outline), Grant Limited Car Park/Allotments Area, Cumbemauld House, Cumbemauld.

34 N/98/00759/FUL Park Circus Developments Erection of Residential Development comprising Grant 190 Dwellings, former Banwood Quarry, Stirling Road, .

45 N/98/00799/FUL Duncan Primrose Conversion of Former Public House to 8 Flats, 52 Refuse High Barrwood Road, Kilsyth.

50 N/98/00854/FUL Dundas Estates Formation of Temporary Access and Storage Grant Compounds, Area D Craigmarloch, Cumbemauld.

55 N/98/00891/OUT Lansdale Limited Conversion of Existing Buildings and Erection of a Grant new Dwellinghouse to form 3 Dwellings, 42-44 Road, Mollinsburn.

61 N/98/00952/FUL Mr Thomas McCracken Change of Use of Public Open Space to Private Grant Garden Use, 2 Redhill Road, Balloch, Cumbemauld.

66 John Clelland Erection of three dwellings (in outline), Refuse Craigstone, High Barrwood Road, Kilsyth.

71 Messrs W J McGonnel Erection of 2 semi-detached Houses, Plot 52, Home Grant Farm. .

77 Spice of Life Change of Use of Shop to Hot Food Takeaway and Grant Erection of Flue, 8 South Bridge Street, Airdrie.

83 Mr Dalziel Installation of Replacement Windows to Flatted Grant Dwellinghouse, 10 Rosemount Court, Forrest Street, Airdrie.

88 C/98/00959/FUL William Colquhoun Siting of Mobile Hot Food Van, Unit E7, North Refuse Caldeen Road, .

93 S/97/0074l/FUL Joseph Gorman Change of Use of Yard to Vehicle Repairs, Auto Grant Spare and Car Sales, Johnstone Street,.

96 S/98/00065/AMEND George Macaulay Non-Compliance with Planning Condition (parking Refuse of van in garage), 3 Southfield Crescent, .

102 S/98/00163/FUL N Shearer and M Creelman Change of Use from Public Footpath to Garden Refuse Ground and Construction of a Garage, 20 Kirk Road, Shotts.

107 S/98/00297/FUL Clowes Developments Construction of 7 Industrial/Warehouse Units, Grant (Scotland) Limited (Class 4, 5 & 6) Melford Road/James Street, Righead Industrial Estate, Bellshill. APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 9th SEPTEMBER, 1998

Page No. Application No. Applicant Development/Locus Recommendation

114 S/98/00534/FUL Modern Housing Limited Change of Use of Garage to form 8 Flatted Grant Dwellings, land west of junction with Shieldmuir Street/Ladysmith Street, .

118 Post Office Property Change of Use and Alterations to former Industrial Grant Holdings Unit to form Royal Mail Delivery Office, 53 Roberts Street, Wishaw.

127 Mr J Din Proposed Change of Use from Shop to Hot Food Refuse Takeaway, 42 Cambusnethan Street, Wishaw.

132 Mr D Kirkwood Construction of Licensed Betting Office, adjacent Grant to The Cascade, Coltness Road, Wishaw.

135 Brian Neill Demolition of Public House and Construction of 12 Grant Flats, Mucky Duck Bar, 1 Glen Road, Shotts.

141 T.O.M. Limited Construction of MOT, Tyre and Exhaust Centre, Grant 560 Main Street, .

149 Mr K Reilly Erection of Walls/Fence, 15 Addie Street, Grant .

153 Pioneer Aggregates (UK) Non-Compliance with Condition No. 1 of Consent Grant Limited No. S/97/00440/MIN/AMEND with respect to Working Hours, Tam’s Loup Quarry, Harthill.

159 S/98/01012/FUL Modem Housing Limited Renovation of 4 Flats and Change of Use from Hot Grant Food Takeaway, Flat 47-55 Cambusnethan Street, Wishaw .

162 S/98/0 1050NID NLC Housing Manager Environmental Improvements including Grant RepairDmprovements to Walls, Stairs, Footpaths, Car Parks and New Fencing and Landscaping, Merryton Tower, Shields Drive, Motherwell.

165 S/98/01103/FUL Turnberry Homes Limited Residential Development of 32 Dwellings, site of Grant former DSS Building, Shields Road, Motherwell. Application No: 94/00420/PL

Date Registered: 20th June 1994

APPLICANT: ALEXANDER RUSSELL PLC, PARK, UDDINGSTON, G715PH

Agent:

DEVELOPMENT: FORMATION OF ROAD LINK FROM M80 CROWWOOD ROUNDABOUT TO COLLIERY SITE

LOCATION: ESTATE, CARDOWAN BY

Ward No: 66 Grid Reference: 267160 668573

File Reference: MD

Site History: PPPA/SL/84 1: ResidentiaVLight Industrial Development (Outline) - Approved on appeal in April 1993 TP/96/114: Time Extension for ResidentiaVLight Industrial Development (Outline) - Approved August 1996

Development Plan: Strathkelvin District (Southern Area) Local Plan 1983: Policy E. PRO 2 (Greenbelt) Northern Comdor Local Plan Consultative Draft 1998: Policy TR 2 (Local Road Improvement)

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: Clyde River Purification Board, West of Scotland Water Conditions: The Coal Authority, Director of Leisure Services, National Roads Directorate, Scottish Natural Heritage No Reply:

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: No response

COMMENTS: The application is for a 750m long 7.3m wide road linking the M8O Crowwood Roundabout with the Cardowan Colliery redevelopment site. A railway bridge is incorporated within the proposals.

Due to the limitations of Cardowan Road the main access point into the Cardowan Colliery redevelopment site is required to be via the proposed link road. Outline planning permission P/PPA/SL/84 1 for residential and light industrial development at Cardowan approves the principal of the proposed road.

Details of the road have been altered to accord with the requirements of the Transportation Manager. Specification and design of the link onto the M80 Crowwood Roundabout (has been approved by the Scottish Office National Roads Directorate). ....

SPl.l I ncmp.

CARDOWAN ACCESS ROAD -2-

There are no objections to the proposed link road which is an integral part of the redevelopment of the Cardowan Colliery site. 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 5 years of the date of this permission.

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

2) That the approved access road shall be constructed as a first phase of the redevelopment of the Cardowan Colliery site as granted outline planning permission (PPPAISW84 1) in April 1993.

Reason: To accord with the outline planning permission and to ensure suitable access into the redevelopment site.

3) That the road shall be designed and constructed to an adoptable standard to the satisfaction of North Council as Planning and Roads Authority.

Reason: In the interests of public safety.

4) That the road shall be designed and constructed to accommodate the Glasgow to Cumbernauld cycle way and to provide a dedicated cycleway into the development site.

Reason: In order to accommodate the existing cycle way which crosses the line of road and to promote cycle use.

5) That the junction onto the M80 Crowwood Roundabout shall be designed and constructed to the satisfaction of the Scottish Office National Roads Directorate.

Reason: In the interest of public safety.

6) That before the development hereby permitted starts a scheme of roadside planting shall be submitted to, and approved in writing to by the Planning Authority, including any modifications as may be required, and it shall include:

a) Details of any earthmoulding 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.

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

7) That -3-

7) That within one year of the completion of the approved road all planting, seeding, turfing and earthmoulding included in the scheme of landscaping and planting approved under the terms of condition 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 similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

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

8) That any imported soil shall be from sources which do not contain invasive alien species such as Japanese Knotweed.

Reason: In the interests of nature conservation.

9) That no works associated with the proposed road shall take place under the tree canopy to the west of the road line; this is notwithstanding permitted development rights in the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

Reason: In the interests of nature conservation.

10) That any alterations to statutory undertakers’ apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.

Reason: To protect statutory undertakers’ apparatus.

List of Background Papers

Application form, plans and amended plans Strathkelvin District (Southern Area) Local Plan 1983 Northern Corridor Local Plan Consultative Draft 1998 Strathclyde Structure Plan 1995 Consultation letters from Clyde River Purification Board, The Coal Authority, Scottish Natural Heritage, Scottish Office National Roads Directorate, West of Scotland Water. Consultation memo from Director of Leisure Services Outline Permission for Residential and Light Industrial Development on the Cardowan Colliery Site granted on appeal in April 1993 (P/PPNSL/841) and renewed in August 1996 (TP/96/ 1 17)

Any person wishing to inspect these documents should contact Martin Dean at 01236-6 16459 APPLICATION NO: N/94/00420/PL

1. PROPOSAL AND SITE

The application is for a new road leading from the M8O Crowwood Roundabout to the former Cardowan Colliery redevelopment site. The road will cover a distance of 750m and includes sections of cutting and embankment plus a bridge over the Glasgow to Cumbernauld railway line.

The application was origmally submitted in 1994 under Strathkelvin District Council reference number TP/94/268. A determination has been delayed due to reorganisation, the firming up by the applicants of redevelopment proposals at the Cardowan Colliery site, negotiations with Council on the design and construction of the road and with the Scottish Office National Roads Directorate concerning the link onto the M8O Crowwood Roundabout.

Outline planning permission was granted by the Secretary of State on appeal in 1993 for the link road as part of his approval for residential, light industrial and landscaping works at the Cardowan Colliery site. Due to the limitations of Cardowan Road the M80 Crowwood Roundabout access point is fundamental to the large scale redevelopment works.

The site is zoned as greenbelt (policy E. PRO 2) in the Strathkelvin District (Southern Area) Local Pan 1983. Under this policy there is a presumption against new development unless required for agriculture, forestry or outdoor recreation. Under the terms of the Northern Corridor Local Plan Consultative Draft 1998 the site is identified for local road improvements under policy TR 2.

The proposal has been advertised in the Kirkintilloch Herald and no objections to the link road have been received.

2. CONSULTATIONS AND REPRESENTATIONS

Summaries of consultation responses are as follows:-

Clyde River Purification Board: (Comments made prior to formation of Scottish Environmental Protection Agency): No objections. The Coal Authority: Coal and fireplace seams have been mined at shallow and deeper depths. A prudent developer would seek appropriate technical advice before any construction works are undertaken on site. Scottish Natural Heritage: No objections subject to the development being carried out strictly in accordance with the terms of the application and there being no action under the adjacent tree canopy. Scottish Office National Roads Directorate: No objections in principal. West of Scotland Water: No objections. Director of Leisure Services: A comprehensive landscape scheme is required showing how the road will be assimilated into the existing landscape with roadside planting for screening and amenity purposes. Divisional Manager: No objections subject to the road being designed and constructed to an adoptable standard and Scottish Office approval being obtained for the connection at Crowwood Roundabout.

No representations have been received relevant to the application.

3.Observationsl -2-

3. OBSERVATIONS AND CONCLUSIONS

The principal of the proposed road has been established through the outline planning permission granted on appeal by the Secretary of State in 1993 for residential, light industrial and landscaping development at the former Cardowan Colliery site. Due to the limitations of Cardowan Road the proposed MSO Crowwood Roundabout link road is vital. It will be the main access point to the development site and will be constructed as part of the first phase of development.

The construction and design details of the proposed road have been negotiated with the Transportation Section and with the Scottish Office National Roads Directorate.

There are no objections to the proposed road and it is recommended that planning permission be granted. Application No: N/98/00629/FUL

Date Registered: 3rd. June 1998

APPLICANT: MR. J. DEWAR, ADAMSWELL FARM, MOLLINSBURN, CUMBERNAULD

Agent:

DEVELOPMENT: CONVERSION OF REDUNDANT AGRICULTURAL BUILDINGS TO FORM FOUR SELF CONTAINED TOURIST UNITS

LOCATION: ADAMSWELL FARM, MOLLINSBURN, CUMBERNAULD

Ward No: 68 Grid: 271878 671362 File Reference: M.D. Site History: N/97/00 196/FUL: Excavation to form Trout Fishery and Associated Works - Approved subject to Legal Agreement in November 1997.

Development Plan: Strathkelvin Southern Area Local Plan 1983: Greenbelt (E.PR0 2/4) Northern Corridor Local Plan Consultative Draft 1998: Greenbelt (ENV 8-14), Potential Methane Zone (ENV 29) Strathclyde Structure Plan 1995: Greenbelt (GB 1, GB 1A)

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: The Coal Authority, West of Scotland Water No Objection: No Reply: Conditions: Scottish Environmental Protection Agency

REPRESENTATIONS:

Neighbours: Chryston Community Council Newspaper Advert:

COMMENTS: The application is for the conversion of three redundant agricultural outbuildings to four tourist accommodation units. Ancillary gardens and parking areas are proposed.

Although not in agricultural use, the outbuildings appear to be in reasonably sound conditions, with two having been recently re-tiled.

The principal of appropriate re-use and renovation of attractive redundant agricultural buildings is acceptable under the terms of the Northern Corridor Local Plan Consultative Draft 1998. Although conversions are not specifically covered in the 1983 Local Plan greenbelt policy, this is now a common form of development. Appropriate touristhisitor related proposals are supported in the Northern Corridor Local Plan Consultative Draft. Planning/

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Planning permission has recently been granted for a visitor related trout fishery at Adamswell Farm.

A key issue is the poor condition of the access road and the often unsatisfactory sight lines onto Cumbernauld Road. A planning condition requires improvements prior to the occupation of the proposed tourist units. A planning condition also specifies limited months of occupation in order to ensure that the units are used for tourists and not as permanent dwellings.

It is considered that the proposed development is acceptable and as such 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 provision of the Town and Country Planning (Scotland) Act 1997.

2. That the approved units shall be used only as tourist accommodation and shall not be used as permanent residential dwellings.

Reason: For the avoidance of doubt.

3. That the tourist units shall only be occupied during the months of April to October or such other periods are as approved in writing by the Planning Authority.

Reason: To ensure the units are not used as permanent residential dwellings.

4. That no work shall commence until details of access road and junction improvements are submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interest of road safety.

5. That no unit shall be occupied until the access road and junction improvements approved under Condition 4 above have been completed to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason/ -3-

Reason: In the interest of road safety.

6. That before the development hereby permitted is completed or brought into use, five off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

Reason: In the interest of road safety and car park provision.

7. That before the development hereby permitted starts, full details andor samples of all external materials to be used in renovation works, 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; windows and doors shall be timber framed.

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

8. That before the development hereby permitted starts, elevations showing traditional window banding shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required; thereafter units shall be converted in accordance with approved elevations.

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

9. That before the development hereby permitted starts, fbll 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 to Planning Authority to consider these aspects in detail.

10. That before any of the tourist units hereby permitted situated in relation to a site upon which a fence or wall is to be erected is occupied, the fence or wall as approved under the terms of Condition 9 above shall be erected.

Reason: In the interests of amenity.

11. That free passage shall be maintained at all times along the access road right of way.

Reason/ -4-

Reason: To maintain the accessibility of the right of way.

12. That sewerage shall be to the satisfaction of the Planning Authority and The Scottish Environmental Protection Agency.

Reason: In the interest of amenity and public health.

13. That any alterations to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.

Reason: To protect statutory undertakers apparatus.

14. That before the development hereby permitted starts:-

a) A methane contamination assessment report and any required remedial measures or,

b) Renovation construction details based on the assumption that methane is present

shall be submitted to and approved in writing, including any modifications as may be required, by North Lanarkshire Council as Planning and Environmental Services Authority.

Reason: In the interest of public safety.

15. That prior to the occupation of the tourist units the methane contamination remedial measures or appropriate renovation construction works approved under Condition 14 above shall be carried out to the satisfaction of North Lanarkshire Council as Planning and Environmental Services Authority.

Reason: In the interest of public safety.

16. That no building shall be part demolished as part of the renovation, construction works unless with the written approval of the Planning Authority.

Reason: In the interest of the proper planning of the area.

17. That before the development hereby permitted starts, a bat survey of the redundant agricultural buildings shall be submitted to and approved in writing by the Planning Authority in consultation with Scottish Natural Heritage, including any modifications as maybe required.

Reason/ -5-

Reason: In the interest of nature conservation and as advised by Scottish Natural Heritage.

List of Background Papers:

Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Northern Corridor Local Plan Consultation Draft 1998 Strathclyde Structure Plan 1995 Consultation letters from the Coal Authority, Scottish Natural Heritage and West of Scotland Water Consultation memo from the Director of Environmental Services Letter of representation fiom Chryston Community Council, c/o The Secretary, 1 Ne& Avenue, Muirhead G69 9EX

Any person wishing to inspect these documents should contact Martin Dean on 0 1236-616459 APPLICATION NO: N/98/00629/FUL

1. SITE AND PROPOSAL

1.1 The application is for the conversion of three redundant agricultural buildings to four self-contained tourist units at Adamswell Farm, Mollinsburn, by Cumbernauld.

1.2 The three relevant buildings are in relatively good condition. They are finished in stone and rough cast and two of the buildings have recently tiled pitched roofs. The third building currently has a flat roof with the pitched roof having been recently removed. The buildings are adjacent to the farmhouse.

1.3 It is proposed that each unit has a bedroom, living room, kitchen and bathroom. A small garden area and parking facilities are provided for each unit. It is proposed to re-surface the private access road and to form four passing places.

1.4 Under the terms of the Strathkelvin Southern Area Local Plan 1983, the site is covered by Policy E.PR02 whereby the site is within the greenbelt with an absolute prohibition of all new developments or changes of use unless shown to be in the interest of agriculture, forestry or outdoor recreation. It is considered that there is sufficient potential link between the tourist units and the immediately adjacent approved trout fishery for the units to accord with greenbelt policy E.PR02 in relation to outdoor recreation.

1.5 Under the terms of the Northern Corridor Local Plan Consultative Draft 1996, the site is covered by greenbelt policies ENV.8-14. Of particular relevance is Policy ENV.13 which relates to the re- habilitation and conversion of existing buildings. The appropriate criteria of physical condition, architectural merit, non-requirement for agricultural use, existing basic services and appropriate design are met. Tourist facility policy LT5 is also relevant in that it supports touridvisitor related proposals subject to appropriate environmental protection and design controls.

1.6 Policy GBl of the Strathclyde Structure Plan 1995 specifies that the encroachment of development within the greenbelt does not accord with the Regional Development Strategy. Policy GB 1 A requires that development in the greenbelt should normally only be acceptable if justified against the criteria of economic benefit, specific locational need, infrastructure implications and environmental impact. It is not considered that policies GB 1 and GB 1A are relevant to the re-use of existing attractive buildings which are of benefit to the local rural environment.

1.7 The application has been advertised as being potentially contrary to greenbelt policy.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

The Coal Authority: No adverse comments. Director of Environmental Services: The site is within the designated methane protection area and as such a methane report should be submitted or protection measures built into the conversion works. Service Manager, Planning & Building Control: As the site is situated within the greenbelt, the development will require to be justified against the criteria highlighted in Policy GBlA of the 1995 Strathclyde Structure Plan. Scottish Natural Heritage: No objections subject to complying with the submitted plans and a bat survey being carried out in the redundant agricultural buildings prior to conversion starting.

Transportation/ -2-

Transportation Manager: Recommend refbsal as the development is accessed along a sub-standard private road with restricted visibility at the junction with Cumbernauld Road. The proposal along with the approved trout farm would significantly intensify the use of this access. West of Scotland Water: There is no apparatus in the vicinity which would be affected.

2.2 A letter of representation has been submitted by Chryston Community Council supporting the proposal in principal but pointing out the shortcomings of the access road. They suggest that planning conditions may be able to improve this situation.

3. OBSERVATIONS AND CONCLUSIONS

3.1 The suitable conversion of attractive redundant agricultural buildings is normally acceptable in the greenbelt. Tourist facilities within North Lanarkshire are to be encouraged subject to there being no ovemding policy or site specific objections.

3.2 The conversion details proposed are reasonable, although planning conditions require that windows and doors be timber framed and that there be traditional window banding.

3.3 The main problem associated with the proposed development is the poor standard of the access road. It is however relatively common for rural accesses to be single track. The re-surfacing of the access road and the formation of passing places will improve the situation. The junction onto Cumbernauld Road can have poor sight lines due to a hedge and parked cars. A planning condition requires junction improvements which will almost certainly involve the regular trimming of the adjacent hedge. It is not considered reasonable to seek control of parked cars through this application. If parked cars are causing an obstruction this is a police matter, and if they are part of a business activity then separate planning action may be appropriate.

3.4 It is considered that the principal and the details of the proposal are acceptable, and it is recommended that planning permission be granted. Application No:

Date Registered: 1 lth May 1998

APPLICANT: BUTT WEST SCOTLAND LTD., MAYFIELD HOUSE MAGGIE WOODS LOAN, FALKIRK, FK15SJ

Agent: Halliday Fraser Munro, 54 Timberbush, Edinburgh, EH6 6QH

DEVELOPMENT: RESIDENTIAL DEVELOPMENT (87 DWELLINGS)

LOCATION: 124 (PLANT STORAGE YARD) HEATHFIELD AVENUE,

Ward No: 68 Grid Reference: 270328 670838

File Reference: MD

Site History: TP/80/344: Extension to Plant Hire Building and Erection of Washbay - Approved August 1980

Development Plan: Strathkelvin District (Southern Area) Local Plan 1983: E.PRO 6 (no major change envisaged) Northern Comdor Local Plan Consultation Draft 1998: HG 3 (Maintenance of residential character)

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: The Coal Authority Conditions: Scottish Office National Roads Directorate No Reply:

REPRESENTATIONS:

Neighbours: Newspaper Advert: One

COMMENTS: The application is for the erection of 87 dwellings at the existing plant storage yard and adjacent land at Heathfield Avenue, Moodiesburn.

A number of changes to the layout have been negotiated in order to resolve problems of overdevelopment, non-adoptable areas of road, landscaping deficiencies and inappropriate parking arrangements.

The site is covered by a zoning in the Strathkelvin Local Plan 1983 whereby there should be no change to the existing commercial storage use. The Northern Corridor Local Plan Consultative Draft 1998 has the site within the general residential zoning where there should be a maintenance of residential character.

Of/

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Of relevance to the current application is the 1997 grant of planning permission for a residential development on immediately adjacent land which is similarly zoned industridno change to existing commercial use in the Strathkelvin Local Plan 1983. In view of the above and the site’s substantial location within the Moodiesburn urban envelope, it is considered that the principal of residential development is acceptable.

Notwithstanding an objection from the local member there are no planning objections to the proposed development and it is recommended that planning permission be granted.

It should be noted that the recommended departure from the Local Plan policy for the site does not come within the Council’s definition of “significant departure” and as such does not require to be notified to the Secretary of State.

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 andor samples 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.

3) That before the development hereby permitted starts, full details of the design and location of all fences, walls and entrance features 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.

4) 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 3 above, shall be erected.

Reason: To safeguard the amenity of future residents.

5) That/ -3-

details of any earth moulding, hard landscaping, open space footpath provision, grass seeding and turfing a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted 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 details of future maintenance proposals for the above landscaping and for any adjacent land under the control of the applicant details of the phasing of these works.

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

6) That within one year of the occupation of the 80th dwellinghouse 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: In the interests of amenity.

7) That before the development hereby permitted starts, a scheme for the provision of a play area within the site as shown on the approved plan, 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, and d) details of future maintenance proposals for the above play area e) details of the phasing of these works. Reason: To ensure the provision of adequate play facilities within the site.

8) That/ -4-

That before occupation of the 80th dwelling house within the development hereby permitted, all the works required for the provision of equipped play area included in the scheme approved under the terms of condition 7 above, shall be completed.

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

9) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be used as habitable rooms without the prior written consent of the Planning Authority.

Reason: In the interest of amenity and to ensure the provision of adequate parking facilities within the site.

10) That all accesses, roads and parking areas shall be designed and constructed to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason: In the interest of public safety.

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

12) That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways referred to within Conditions 10 and 1 1 shall be completed to final wearing course.

Reason: In the interest of traffic safety and to ensure satisfactory road circulation with the site.

13) That a visibility splay of 9m x 90m, measured from the road channel, shall be provided on both sides of the vehicular access onto Heathfield Avenue and before the development hereby permitted is completed, or brought into use, everythmg exceeding lm in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding one metre in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interest of public safety.

14)/ Reason: In the interest of public safety.

14) That the final dwelling shall not be occupied until the Heathfield Avenue footpath along the site frontage has been completed along the full length and shall be upgraded to the standard and satisfaction of North Lanarkshire Council as Roads and Planning Authority.

Reason: In the interests of pedestrian safety.

15) That before the development hereby permitted starts a methane contamination assessment report and any required remedial measures shall be submitted to and approved in writing, including any modifications as may be required, by North Lanarkshire Council as Planning and Environmental Services Authority.

Reason: In the interests of public safety.

16) That any methane contamination remedial measures approved under condition 15 above shall be carried out to the satisfaction of North Lanarkshire Council as Planning and Environmental Services Authority.

Reason: In the interests of public safety.

17) That any alteration to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.

Reason: To protect statutory undertakers apparatus.

18) That there shall be no means of either pedestrian or vehicular access to the trunk road.

Reason: To minimise interference with the safety and free flow of traffic on the trunk road and as directed by the Scottish Office National Roads Directorate.

19) That there shall be no drainage connections to the trunk road drainage system.

Reason: To ensure the efficiency of the existing drainage network is not affected and as directed by the Scottish Office National Roads Directorate.

20) That the development shall be so formed and measures shall be adopted to ensure that all rainwater run off from the site does not discharge or pond on the trunk road verge.

Reason/ -6-

Reason: To ensure the water run-off from the site does not enter land owned by the Secretary of State and as directed by the Scottish Office National Roads Directorate.

21) That an unclimbable fence of a type approved by the Planning Authority, after consultation with the Roads Authoriw, shall be provided and maintained by the developer or subsequent owner of the land along the boundary of the site with the trunk road.

Reason: To minimise the risk of pedestrians and animals gaining uncontrolled access to the trunk road with the consequential risk of accidents and as directed by the Scottish Office National Roads Directorate.

List of Background Papers

Application form, plans and amended plans Strathkelvin District (Southern Area) Local Plan 1983 Northern Corridor Local Plan Consultative Draft 1998 Strathclyde Structure Plan 1995 Consultation letters from The Coal Authoriw and the Scottish Office National Roads Directorate Consultation memos from the Director of Environmental Services and the Director of Leisure Services Letter of objection from Councillor W Hogg J.P., PO Box 14, Civic Centre, Motherwell

Any person wishing to inspect these documents should contact Martin Dean at 0 1236-6 16459 APPLICATION NO: N/98/00705/FUL

1.o PROPOSAL AND SITE

1.1 The application is for the erection of 87 dwellings at the plant storage yard site, Heathfield Avenue, Moodiesburn. There have been a number of revisions to the proposed layout to accommodate the need for fblly adoptable roads, effective driveways, appropriate garden areas and improved landscape provision.

1.2 The site is currently a plant storage yard and is covered by Policy E.PR06 in the Strathkelvin Local Plan 1983 whereby no major change is envisaged to the existing land use. Under the terms of the Northern Corridor Consultative Draft Local Plan 1998, the site is covered by Policy HG3 which promotes the maintenance of the existing residential character. The application was advertised in the Kirkintilloch Herald under the Development Contrary to Development Plans Procedure.

2.0 CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

The Coal Authority: No adverse comments Director of Environmental Services: A methane gas report should be submitted and approved for the site. Construction work hours of operation are recommended. Director of Leisure Services: Play area size and equipment are recommended. Scottish Office National Roads Directorate: No objections subject to conditions designed to protect the adjacent trunk road. Transportation Manager: No objections in principal. The specific road details will be dealt with through the construction consent application.

2.2 One letter of objection has been received. The points of objection raised are as follows:- - The proposal represents an overdevelopment of the site with over narrow roads and insufficient play areas and kick-about areas. - The lack of play areas will encourage children to play on the road to the detriment of their safety. There should be a 20mph speed restriction. - Planning gain should be obtained in terms of widening Heathfield Avenue to allow extra parking for adjacent residents, improved car parking within the school grounds of St. Michael’s Primary School and improvement of other infrastructure within Moodiesburn.

3.0 OBSERVATIONS AND CONCLUSIONS

3.1 The site has an existing commercial use and has a zoning within the Strathkelvin Local Plan 1983 whereby no significant change to the existing use is anticipated. Notwithstanding the above it is considered that the principal of residential development is acceptable due to there being existing housing opposite and immediately adjacent, there being a recent (1997) approval for housing on the adjacent site, the site being located substantially within the urban envelope of Moodiesburn and the zoning within the Northern Comdor Local Plan Consultative Draft 1998 being for maintenance of residential character.

3.2 With regard to the points of objection of the local member it is noted that the housing density is relatively high. Care has however been taken to identify instances of awkward relationships between dwellings and shortcomings in the layout including unacceptable parking, open space and landscape provision. These problems have been addressed at a number of meetings with the applicants and significant improvements obtained through amended plans. These include a reduction in house numbers, and the provision of a play area, details of which require to be approved by the Council prior to works commencing.

3.3 Scottish/ -2-

3.3 Scottish Office advice on planning gain is that such gain must relate to both land use planning and to the development being applied for. It is not considered that it would be appropriate to seek parking provision outwith the site or unspecified infrastructure improvements as sought by the local member

3.4 There are no objections to the amended roads layout from the Transportation Manager.

3.5 It is considered that the amended layout is acceptable and it is recommended that planning permission be granted. Application No: N/98/00718/OUT

Date Registered: 4th June 1998

APPLICANT: SAMURAI PROPERTY HOLDINGS LTD, 4 CLAREMONT TERRACE, GLASGOW, G3 7XR

Agent: Classic Design Partnership, 4 Claremont Terrace, Glasgow, G3 7XR

DEVELOPMENT: ERECTION OF 2 STOREY OFFICE BUILDING (IN OUTLINE)

LOCATION: CAR PARK / ALLOTMENTS AREA CUMBERNAULD HOUSE CUMBERNAULD

Ward: 51

Grid Reference: 277172 675983

File Reference: MS

Site History: No Applications of Relevance

Development Plan: Cumbemauld Local Plan - Policy EN26 Contrary to Development Plan: Yes

CONSULTATIONS:

Objection The Scottish Civic Trust No Objection East Of Scotland Water West Of Scotland Water British Gas Transco Scottish Power The Coal Authority Scottish Natural Heritage Historic Scotland Architectural Heritage Society Of Scotland West Of Scotland Archaeology Service NLC Director of Leisure Conditions: No Reply:

REPRESENTATIONS:

Neighbours : No Response Newspaper Advertisement: Cumbemauld Civic Trust Cumbemauld Amenity Trust

COMMENTS: The applicants propose to erect a two storey office block with associated car parking etc. in the grounds of Cumbemauld House, a Category A Listed Building. The property is being acquired 0

APP. NO N/98/00718/OUT SAMURAI PROPERTY HOLDINGS LTD

CUAEERNAULD HWSE CUHBERNAULD

ron Way, Curnbernauid G67 1DZ etcphona 01236 616400 Fox Olw6 616420 from North Lanarkshire Council for office use. Given the importance of the specific design within the curtilage of a Listed Building, it is unusual for an application in Outline to be considered appropriate. North Lanarkshire Council, however, retain very important additional controls as owners of this site. This, when combined with the need for the applicant to obtain a further approval for all detailed aspects of the scheme, would prevent new development of a type which would adversely impact on the setting of the Listed Building. As it is important that the applicants have some formal indication of the acceptability of the principle of new development in this location in order to allow them to attract additional end users to the property, thus enabling the future of Cumbemauld House to be secured, I would recommend consent is granted.

RECOMMENDATION: Grant, subject to the following conditions:

1. 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.

2. 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 layout of the site, including all roads, footways, and parking areas; (c) details of existing trees, shrubs and hedgerows to be retained; (d) the details of, and the timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (c) and (d) above; (e) the design and location of all walls and fences; (f) the phasing of the development;(g) the provision of drainage works; (h) the disposal of sewage; (I) details of existing and proposed site levels.

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

3. That within three years of the date of this permission, an application for the 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.

Background Papers: Application form and plans received 18th May 1998 Letter dated 15th June 1998 from West Of Scotland Water Letter dated 20th June 1998 from British Gas Transco Letter dated 23rd June 1998 from East Of Scotland Water Letter dated 24th June 1998 from Scottish Power Letter dated 25th June 1998 from Scottish Natural Heritage Letter dated 26th June 1998 from The Scottish Civic Trust Letter dated 26th June 1998 from The Coal Authority Letter dated 28th June 1998 from The Cumbemauld Civic Trust Memo dated 1st July 1998 from NLC Director of Leisure Letter dated 1st July 1998 from Architectural Heritage Society Of Scotland Letter dated 2nd July 1998 from West Of Scotland Archaeology Service Letter dated 5th July 1998 from Cumbemauld Amenity Trust Letter dated 8th July 1998 from Scottish Power Letter dated 16th July 1998 from Historic Scotland Letter dated 29th July 1998 from Historic Scotland Letter dated 22nd July 1998 from West Of Scotland Archaeology Service

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. APPLICATION NO. N/98/007 18/0UT

REPORT

1. Description of Site and Proposal

1.1 The application site is part of the curtilage of Cumbemauld House which is a Category A Listed Building. Cumbemauld House has been vacant since the end of 1996 and has been marketed extensively by North Lanarkshire Council. The applicants are in the process of acquiring the site and hope to attract an office tenant to a high quality office development at this locus.

1.2 The proposed new office block would occupy part of the existing allotment area and car park. It would be 2 storeys in height, providing approximately 3500 square metres of office floorspace with associated parking facilities.

2.

2.1 The property is covered by Policy EN26 in the Cumbemauld Local Plan which states there will be a presumption against development in areas of open space except where the development provides for outdoor recreation, nature conservation or landscape protection. This policy aims to protect areas of open space from unrelated new development.

2.2 There is, however, a duty of care for buildings of Special Architectural Historic Merit which requires that the Council should protect and enhance these buildings wherever possible. In order to secure the future of these important buildings, it is important that they do not remain empty for prolonged periods with subsequent decay and vandalism undermining the structure. In this case a planning brief released as part of the sale process stated that both the principle of new development and this proposed use were acceptable within the grounds of Cumbemauld House in terms of securing a new occupation of the property.

3. Representations and Consultations

3.1 The Coal Authority, Scottish Power, British Gas Transco, West of Scotland Water and East of Scotland Water all made comments relating to the provision of services for the proposed development and the location of existing service equipment in the vicinity. Scottish Natural Heritage had no objections to the proposal.

3.2 The Architectural Heritage Society commented that the proposed development would be on a scale too large to fit comfortably with Cumbemauld House and that whilst Phase 1 might be acceptable, the scale and massing should be carefully considered.

3.3 West of Scotland Archaeology Service advised that the proposed development area excludes the areas of suspected archaeological sensitivity in the vicinity of existing buildings at Cumbemauld House.

3.4 Historic Scotland commented that they were keen to encourage the appropriate re-use of Cumbemauld House and that further development within the grounds could be achieved without an unacceptable detrimental effect on the original house. They would, however, always advise planning authorities against considering proposals which affect important Listed Buildings in outline.

3.5 The Scottish Civic Trust objected to the proposals. They felt it inappropriate to consider a proposal which would have a significant effect on the setting of a Category A Listed Building in outline. They further commented that the footprint of the proposed building was very large and that a smaller scale building which respects the natural landscape and importance of Cumbernauld House should be considered and that the parking should be situated around existing landscape features and vegetation.

3.6 The Director of Leisure Services gave a detailed account of the history of Cumbemauld House and the allotments area. He objected to the loss of allotments and commented on the unsuitability of the proposed areas shown for replacement provision. He also commented that the development would result in the loss of an opportunity to excavate historical artefacts relating to the remains of the 14th century Fleming castle. He felt that the form of the development shown was inappropriate in that the hollow square format was wasteful in terms of use of ground area and would necessitate extensive ground remodelling. It was not possible to assess the impact of the proposals in terms of loss of mature trees in the absence of an accurate tree survey and he also highlighted the possible losses of trees which would be associated with any need to improve the existing access to the property. He highlighted the need for replacement security fencing to the allotments area and the need for a more imaginative parking layout, incorporating areas of planting.

3.7 Cumbernauld Civic Trust advised that they consider it inappropriate to deal with an application in outline as it is not possible to assess the impact of the proposal on the Listed Building. They consider the scale of development proposed inappropriate and highlight inaccuracies of the plan in relation to the layout of the allotments. They express concern regarding potential damage to mature trees arising from the proximity of the proposed building. The need for consultation with the Royal Fine Arts Commission and Historic Scotland and the promotion of a detailed archaeological survey is also highlighted.

3.8 Cumbernauld Amenity Trust object to the proposals on the grounds that it is inappropriate to deal with an outline application for a development proposal within the curtilage of a Category A Listed Building. They consider the footprint of the building huge in comparison to that of Cumbemauld House and that as a result the development would have a detrimental impact on the setting of the Listed Building. They also express concern that the traffic generated by the development would result in an excessive amount of car parking on the site and state that a two phase development would cause greater disruption than a single phase development. They state that in any case there is no demand for office space within the Cumbernauld area.

4. Planning Assessment and ConcIusions

4.1 Policy EN26 aims to protect significant areas of open space from unrelated development. In this locus, however the overriding concern is the Listed Building itself. The Council has a duty of care for such buildings of special architectural of historic merit. It is important that such properties are not allowed to remain vacant for significant periods of time as this tends to lead to accelerated decay of the structure, often exacerbated by vandalism. The main concern is therefore to facilitate the re-occupation of Cumbernauld House. The proposed development aims to provide modern office accommodation enhancing the attraction of Cumbernauld House as a corporate office location.

4.2 Whilst it is unusual to consider an application for a proposed development within the curtilage of a Listed Building in outline, in this instance North Lanarkshire Council are actually disposing of the property and will therefore retain important additional controls as sellers / feu superiors, as well as the powers of the planning authority.

4.3 Many of the comments and objections submitted related to the form of development indicated on the submitted plans. The construction of a building in a courtyard format around a central parking area would be likely to significantly exaggerate the scale of the development and this may not prove to be an acceptable form of development at this location. The applicants were therefor asked to submit amended plans showing the outline of the site only, with no indication of the building footprint. These plans have now been submitted.

4.4 As a result of these amended plans, all of the other matters raised in both consultation responses and objections are more properly matters for consideration in a subsequent reserved matters application. This would include any need for an archaeological survey, tree survey, siting and design of the building, access alterations, parking provision, landscaping and boundary treatments. I would recommend, therefore, that permission be granted. Application No: N/9 8/0075 9/FUL

Date Registered: 28th May 1998

APPLICANT: PARK CIRCUS DEVELOPMENTS, 5 PARK CIRCUS PLACE, GLASGOW

Agent: Liam Muldoon Architects, 3 Newton Terrace, Glasgow, G3 7PJ

DEVELOPMENT: ERECTION OF RESIDENTIAL DEVELOPMENT (190 DWELLINGS)

LOCATION: FORMER BARRWOOD QUARRY, STIRLING ROAD, KILSYTH

Ward No: 65 Grid Reference: 272408 677976

File Reference: MD

Site History: CN/8 1/20: Residential Development (Outline) - Approved August 198 1 CN/86/77: Renewal of Outline Permission for Residential Development - Approved November 1986 CN/89/13: Infilling of Quany with Inert Material - Approved June 1989 PL/9 1/84: Residential Development - Approved February 1992 PL/91/222: Milling of Quarry - Approved February 1992 93/16/PL: Time Extension for Residential Development - Approved March 1993

Development Plan: Kilsyth Local Plan 1983: Kilsyth Residential Area (5.12A) Kilsyth Local Plan (Finalised Draft) 1996: New Housing Site (HGl)

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: The Coal Authority, East of Scotland Water, Health and Safety Executive, West of Scotland Water Conditions: Scottish Environmental Protection Agency No Reply:

REPRESENTATIONS:

Neighbours: Six plus Kilsyth Community Council Newspaper Advert:

COMMENTS: The application is for the erection of 190 dwellings at the site of the former Barrwd Quarry, Stirling Road, Kilsyth. The principal of residential development has been established through previous unimplemented planning pennissions, through the residential zoning of the site in the Kilsyth Local Plan 1983, and through the identification of the site as a new housing site in the Kilsyth Local Plan (Finalised Draft) 1996. roduced frqn ths Ordnance Surve rapping Rsrfih the pemlrtlon of the COntre?ler 01 Her Majesty's Stationery Office PLANNING APPL I CAT I ON NO. N/98/00759/FUL Sca le : Clown eopyriat Unauth,orieed reproduotlon infringe4 Crown eopyr.ight and nm lend to proaccution RES1 DENT1 AL DEVELOPMENT AT or c4v1i procadiings 1: 2500 L itence No. LA 09041 L 1996 BARWD WARRY KILSYTH North Lanarkshire Council 8 OBJECTORS Date N Bron Way, Cumbernould G67 1DZ Telephone 01236 722131 FOX OlZJB +bd412 MAPREF NS7277 31 Aug 1998 I -2-

The application involves the retention of the water filled quarry as an amenity feature with a probable fishery afteruse. Advantage has been taken of strong natural features such as cliffs, promontories and the water edge for the housing layout.

The housing density is relatively high in parts of the development. This however reflects design themes and the extra cost of developing such a difficult site.

It is considered that the proposed development 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 andor samples of all external materials and finishes 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.

3. That before the development hereby permitted starts, full details of the design, location and maintenance proposals of all fences, walls and entrance features 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; these details shall include cliff edge and site boundary walls/ fencing.

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

4. 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 3 above, shall be erected.

Reason: To safeguard the amenity of future residents.

5. That the cliff edge and site boundary walldfences shall be maintained to the satisfaction of the Planning Authority.

Reason/ -3-

Reason: In the interest of public safii and amenily.

6. That before the development hereby permitted starts, a scheme of landscaping and water feature proposals, 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, hard landscaping, open space footpath provision, 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 water feature proposals e) details of water feature afteruse f) details of fiture maintenance proposals for the above landscaping and water feature and for any adjacent land under the control of the applicant g) details of the phasing of these works.

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

7. That the water feature proposals approved under condition 6 above shall be formed as part of Phase 1 of the development as identified on the approved plan.

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

8. That within the appropriate phasing periods approved under condition 6 above, all works and planting included in the approved scheme of landscaping, planting and water feature shall be completed; any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of that phase of development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

9. That before the development hereby permitted starts, a scheme for the provision of play areas within the site as shown on the approved plan, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- -4-

details of the type and location of play equipment, seating and litter bins to be situated within the play areas

details of the surface treatment of the play areas, including the location and type of safety surface to be installed

details of the fences to be erected around the play areas, and

details of future maintenance proposals for the above play areas

details of the phasing of these works.

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

10. That prior to the end of the appropriate phasing period approved under condition 9 above, all the works required for the provision of equipped play areas included in the approved scheme, shall be completed.

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

11. That before the development hereby permitted starts, details shall be submitted for the written approval of the Planning Authority of the method of cleaning Ebroch Bum from the application site to the junction with the Garrell Burn; no dwelling shall be occupied until the approved stream cleaning has been carried out to the satisfaction of the Planning Authority.

Reason: In the interest of surface water drainage.

12. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be used as habitable rooms without the prior written consent of the Planning Authority.

Reason: In the interest of amenity and to ensure the provision of adequate parking facilities within the site.

13. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the approval of the Planning Authority shall be required for:-

a) alterations, extensions and cliff side fencing at the following locations:- -5-

- Cliff top Villas (Plots 29-35) - Terraced court yard (Plots 70-107) - Cliff top terraces (Plots 132-157) - Lochside Dwellings (Plots 182-188) - Silo House (Plot 189) - Hilltop House (Plot 190); and

b) park edge fencing for the detached dwellings at Plots 174-18 1.

Reason: In the interest of the amenity and the proper planning of the area.

14. That all accesses, roads and parking areas shall be designed and constructed to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason: In the interest of public safety.

15. 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: To ensure satisfactory vehicular and pedestrian access facilities to the dwelling.

16. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways referred to within conditions 14 and 15 shall be completed to final wearing course.

Reason: In the interest of traffic safety and to ensure satisfactory road circulation with the site.

17. That the roads to points A and B as indicated on the approved plan shall be formed such that they can be adopted access points for possible future residential development on adjacent land.

Reason: In the interests of the proper planning of the area.

18. That before the development hereby permitted starts, full details of the finish and future maintenance proposals for private roads and parking areas shall be submitted to, and approved in writing by the Planning Authoriw, including any modifications as may be required; thereafter the private roads and parking areas shall be maintained in a condition to the satisfaction of the Planning Authority.

Reason/ -6-

Reason: In the interest of amenity and road safety.

19. That no blasting shall take place unless with the written permission of the Planning Authority and the approval of the appropriate regulatory bodies.

Reason: In the interest of public safety.

20. That the design, construction and maintenance of the water feature shall be to the satisfaction of SEPA and the Planning Authority.

Reason: In the interest of water quality.

21. That the roads drainage system shall pay due regard to the Scottish Environmental Protection Agency’s surface water drainage “Best Management Practice”.

Reason: In the interest of water quality.

22. That there shall be no public access points at cliff top locations.

Reason: In the interests of public safety.

23. That any alteration to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.

Reason: To protect statutory undertakers apparatus.

24. That directly overlooking kitchen and habitable room, window to window distances shall be no less than 18m.

Reason: In the interests of privacy.

25. That all dwellings shall have a footpath route option without steps to an adoptable road.

Reason: In the interests of pedestrian circulation. List of Background Papers

Application form, plans and amended plans Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996 Strathclyde Structure Plan 1995 Consultation letters from The Coal Authority, East of Scotland Water, Health and Safety Executive, Scottish Environmental Protection Agency, West of Scotland Water Consultation memos from Director of Education, Director of Environmental Services and Director of Leisure Services.

Letters/ -7-

Letters of representation from Mrs W Thomson, 21 Colzium View, Kilsyth G65; Dr A.J Crowe, 2 Ebroch Park, Kilsyth G65 OPQ (2 letters); Mr J Stewart, 4 Ebroch Park, Kilsyth G65 OPQ; Mr B. R. E. Love, Commercial Manager, Mowlem Scotland, 37 Stirling Road, Kilsyth, G65 OHW; Mr and Mrs S Apsey, 2 Woodside Avenue, Kilsyth, G65 OHA; Mr R Allen, 3 Woodside Avenue, Kilsyth, G65 OHA; Kilsyth Community Council c/o Mr J. Freebairn, Ferni-Brae, Colzium, Stirling Road, Kilsyth, G65 OPY

Any person wishing to inspect these documents should contact Martin Dean at 01236-616459 APPLICATION NO: N/980/000759/FUL

1. PROPOSAL AND SITE

1.1 The application is for the erection of 190 dwellings at the Barrwood Quarry site, Stirling Road, Kilsyth. This is a difficult 7.2 ha site which rises 30 metres over a 300 metre distance. It contains a 1.1 ha water filled disused quarry with 20 metre high cliffs.

1.2 The development seeks to take advantage of the strong characteristics of this difficult but imposing site. The water filled quarry is to remain although with a much shallower depth. Terraced rows and detached villas will sit close to the cliff edge and a number of dwellings will be partly within the water feature on stilts. Rows of dwellings take advantage of raised land within the site and one interestingly designed single dwelling sits on a raised promontory. A courtyard of terraced dwellings is proposed for the south east of the site. A striking set of concrete silos are to be converted to a dwelling. Open space is to be developed on land adjacent to the quarry water feature with it anticipated that the water feature will be used for fishing.

1.3 The safety of dwellings only five metres from the cliff edge is a key issue. It is stated by the developers that an appropriate fence will be placed next to the edge, and thereafter it will be up to individual houseowners to ensure their family’s safety. It is pointed out that this is no different from properties with upper balconies. The layout has been carefully designed to ensure that there are no areas open to the general public which front onto cliff edges.

1.4 Access to the site is via a roundabout on Stirling Road.

1.5 Under the terms of the Kilsyth Local Plan 1983, the site is identified as part of the Kilsyth residential area (Section 5.12a). The Kilsyth Local Plan (Finalised Draft) 1996 identifies the site for new housing (HW.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

The Coal Authority: No adverse comments. East of Scotland Water: The site can be serviced via an existing adjacent water main. The cost of laying mains will be increased due to the presence of rock on the site. Head of Economic Development and Property: Land ownership information supplied. Director of Education: Pupils generated by the proposed development can be accommodated in existing schools. Director of Environmental Services: A condition concerning construction noise is recommended. Health and Safety Executive: No comments. Director of Leisure Services: Recommendations on play areas supplied. Advice given on planted buffer zones, more extensively defined areas of open space and water quality. Scottish Environmental Protection Agency: No objections. Transportation Manager: No objections. The proposed Stirling Road roundabout is adequate although a larger roundabout would be preferrable. West of Scotland Water: There are public sewers in the vicinity which can serve the proposed development.

2.2 Six letters of objection have been submitted plus two conditional letters of support, one of which is from Kilsyth Community Council.

2.3 Points/ -2-

2.3 Points of objection are as follows:-

- The flooded Banwood Quarry is a hazard where there have been previous drownings. The earlier proposals for residential development have involved infilling the quarry. Residential development in the vicinity of the quany will increase the risk of accidents. Cliff edge properties will be at risk unless stabilisation works are carried out. The retention of water at the quany will cause a health hazard due to insects and vermin.

- Development of the site would lead to the loss of a popular greenfield area which is an important public amenity and contains a wide variety of wildlife.

- The proposal is an overdevelopment of the area to the detriment of local amenity.

- The proposal will be an eye sore on the sky-line which will be seen over long distances.

- Detailed points of concern include adverse effects on the privacy of existing housing adjacent to the southern and western site boundaries; two storey dwellings proposed adjacent to bungalows; non- compliance with previous planning restrictions that adjacent dwellings be single storey; the close proximity of proposed housing to existing housing; the adverse effect of the proposals on elderly residents of the special housing at Stirling Road; potential noise nuisance from parking courts on the site boundary; the loss of amenity and privacy that will result from the proposed five storey castle.

- Valued outlooks from existing properties will be blocked by the proposed development.

- Road safety and parking facilities may be inadequate. The road gradient will be too severe.

- Rights of way will be blocked.

- Local properties will be adversely affected by blasting and vibration.

- Certain plans are out of datekdjacent properties will be de-valuedresidents may take a short-cut through 2 and 4 Ebroch Park.

2.4 The two letters which supported the development in principal also raised concerns at the lack of a road link from Stirling Road to High Barrwood Road, the ability to meet adoptable road standards, over- development, adverse affect on the sky-line, maintenance of the railway footpath, adverse affects on rights of way and the ability of the roundabout to allow unfettered access to the builder’s yard to the north of Stirling Road.

3. OBSERVATIONS AND CONCLUSIONS

3.1 There are no objections to the principal of residential development at the site. The site is appropriately zoned in the Kilsyth Local Plan 1983 and the Kilsyth Local Plan (Finalised Draft) 1996 and has been the subject of previous residential planning permissions. As such objections relating to loss of an attractive greenfield site and adverse affect on existing views only have limited weight.

3.2 AI -3-

3.2 A key part of the proposed development is the retention of the water filled quarry as an ameniv feature. This differs from previous residential permissions which specified that the quarry be infilled. It is proposed that the quarry be cleaned and partly infilled such that the water depth is one metre or less. It is anticipated that there will be a fishing afteruse although details require to be finalised. The retention of this spedacular feature which supports both bird and aquatic life is to be welcomed in general terms. Clearly however, safety is an issue which must be taken into account. It is considered that the proposed prohibition on public access to the cliff edges, the fencing requirements and the necessary due diligence of adjacent residents will render the cliff edge developments acceptably safe.

3.3 Amended plans have all dwellings at least 5m from cliff edges in accordance with a submitted structural engineer’s report.

3.4 There have been a number of alterations to the layout to tackle practical difficulties, to improve the roads and parking provision, to lessen the effect on immediately adjacent neighbours, to improve the residential ambience and to allow a fblfilment of the design concepts. The alterations have lead to a reduction in the proposed number of dwellings.

3.5 No over-looking windows are now proposed within 18 metres of adjacent windows. Although the originally proposed castle was an interesting concept its deletion lessens the adverse effect of the proposed development on adjacent residents. Due to the strong design themes within the site it is not considered appropriate to insist that proposed development should reflect the single storey nature of some adjacent dwellings.

3.6 The steeply sloping character of the site makes roads layout and parking provision more difficult than normal. The layout as amended is now satisfactory to the Transportation Manager. Although unadopted parking courts are normally only approved for flatted developments, they are considered acceptable for cliff top terraced houses and the terraced courtyard. This is due to their themed form of development and ground contours which make it impractical to achieve garden parking for many units.

3.7 There are no claimed right of ways recorded on the site.

3.8 Due to the presence of bedrock close to the surface it is anticipated that some blasting will be required. A planning condition requires prior approval from the planning authority for blasting, and that permission be obtained from all other appropriate regulatory bodies.

3.9 The points of objection do not raise any other relevant planning matters.

3.9 It is considered that the residential layout is an interesting and imaginative means of developing this difficult site. It is recommended that planning permission be granted. Application No: N/98/0 0 79 9/FUL

Date Registered: 5 June 1998

APPLICANT: DUNCAN PRIMROSE FINTRY ROAD KIPPEN

Agent:

DEVELOPMENT: CONVERSION OF FORMER PUBLIC HOUSE TO 8 FLATS

LOCATION: THE SCYTHE BAR, HIGH BARRWOOD ROAD, KILSYTH.

Ward No: 65 Grid Reference: 272530 677802

File Reference: MT

Site History:

Development Plan: Kilsyth Local Plan 1983 Residential Area Kilsyth Local Plan Finalised Draft 1996 Policy HG3-5 - Development Control in Residential Areas

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, East of Scotland Water, Coal Authority. Conditions: No Reply:

REPRESENTATIONS: Neighbours: No response Newspaper Advert: Not required

COMMENTS: The application under consideration proposes the conversion of the former Scythe bar to create a total of 8 flats. The Kilsyth Local Plan identifies the site within the Kilsyth Residential area. Policies HG3-5 of the finalised draft of the replacement local plan also addresses development control within residential areas. Policy HG3 is of particular relevance and states that new residential development will be in keeping with the scale and character of the surrounding area. The site must provide a satisfactory living environment by accommodating a reasonable size of dwellinghouse, landscaping and with acceptable garden area remaining. In all instances there shall be no detrimental effect on residential amenity. In addition new residential development should provide off-street parking.

The application site comprises the former public house and its environs. It is considered that in principle the development of the site for residential use would be compatible with local plan policy. Despite this however the proposal cannot be said to be in accordance with the detailed requirements upon which the policy is based. In particular the

site is incapable of accommodating the creation of a total of 8 flats with commensurate off-street parking and reasonable garden facilities. In addition the applicant has failed to demonstrate that the use of the existing building for residential purposes can be achieved without adversely affecting the levels of privacy currently enjoyed by adjacent proprietors. The development of the site as proposed would result in the overdevelopment of the site with consequent adverse impact upon residential amenity and road safety.

All in all the development as proposed is unacceptable and accordingly it is recommended that permission should be refused.

RECOMMENDATION: Refuse for the following reasons:-

1. The proposal to convert the existing building to create 8 flats erect a house is contrary to the terms of Policy HG3 of the Kilsyth Local Plan (Finalised Draft) which states that “new residential development will be in keeping with the scale and character of the parking to meet Roads Department guidelines.” surrounding area ... with no detrimental effect on existing residential amenity”

The proposal constitutes an overdevelopment of the site and as a consequence would detract unacceptably from the privacy and amenity of adjacent residential properties and the enjoyment of their rear garden areas. In particular the elevated nature of the building relative to the surrounding residential properties inconjunction with its proximity to the boundaries of the site are such as to lead to overlooking of adjacent properties and a significant loss of established levels of residential amenity.

2. The applicant has not provided any relevant justification for overriding the local plan policy referred to in the foregoing reason for refusal.

3. In the interests of public safety, in that provision cannot be made within the site for 12 spaces, the minimum necessary off-street parking required to serve the requirements of the flats. Consequently the development is likely to lead to on- street parking at or close to the junction between St Mirren’s Road and High Barwood Road.

4. The proposal, if approved, would be likely to encourage further applications for similar developments which would be unacceptable for the reasons stated above.

Background Papers: Application Form and Plans Kilsyth Local Plan 1983 Kilsyth Local Plan(Fina1ised Draft) 1996

Any person wishing to inspect these documents should contact Moray Thomson at 01236 616463. APPLICATION NO. N/98/00214/FUL

1.o PROPOSAL AND SITE

1.1 The application proposes the conversion of the former Scythe public house to 8 flats and associated parking.

1.2 The Kilsyth Local Plan identifies the site within the Kilsyth Residential area. In general the policy seeks to preserve the residential character of such areas.

1.3 Policies HG3-5 of the Kilsyth Local Plan (Finalised Draft), the replacement local plan also addresses development control within residential areas. The plan emphasises that it is important to retain the character of residential areas and to control the environment and activities which could reduce the amenity within such areas. Policy HG3 is of particular relevance and states that new residential development will be in keeping with the scale and character of the surrounding area. To achieve this, the site must provide a satisfactory living environment, landscaping and with acceptable garden area remaining. The policy states that in all instances there shall be no detrimental effect on residential amenity. In addition new residential development should provide off-street parking.

2.0 CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:- Transportation Manager: Recommended refusal in view of the adverse impact upon road safety. Coal Authority: No objections West of Scotland Water : No objections East of Scotland Water: No objections

3.0 DISCUSSION AND CONCLUSION

3.1 Both the adopted Kilsyth Local Plan and its replacement The Kilsyth Local Plan (Finalised Draft) recognise the potential within the built up area for new residential development. This support is, however, qualified and in order to achieve a satisfactory standard of new development and to ensure no adverse impact upon the amenity of existing properties and the area in general. Policy HG3 sets out the criteria which require to be satisfied.

3.2 The proposal under consideration does not satisfy the relevant criteria.

3.3 Whilst the local plan is in principle supportive of residential development, the proposal as submitted nonetheless is unacceptable. The scale of the proposals, involving the creation of 8 flatted properties would constitute overdevelopment of the site. The proposal would, if implemented, detract unacceptably from the privacy and amenity of adjacent residential properties and the enjoyment of their rear garden areas. In particular the elevated nature of the building relative to the surrounding residential properties inconjunction with its proximity to the boundaries of the site, is such as to lead to overlooking of adjacent properties and rear garden areas. In addition, the site also appears to be of inadequate dimensions to provide the necessary off-street parking provision which requires to be accommodated. In this respect, the applicant was asked to demonstrate that the parking requirements within the site boundaries could be met, however no response was received.

3.4 The applicant has not provided any justification for overriding the local plan policy referred to above. 3.5 The proposal if approved could set an undesirable precedent for other similar developments which would be unacceptable for the reasons stated above and which cumulatively would lead to significant reduction in levels of residential amenity and public safety.

3.6 It is considered that the development as proposed is unacceptable and that accordingly it is recommended that permission should be refused. Application No: N/98/00854/FUL

Date Registered: 24th July 1998

APPLICANT: DUNDAS ESTATES, CARRIDEN SAWMILLS, BO'NESS, WEST LOTHIAN, EH51 9SQ

Agent:

DEVELOPMENT: FORMATION OF TEMPORARY ACCESS AND STORAGE COMPOUNDS.

LOCATION: AREA D CRAIGMARLOCH CUMBERNAULD

Ward: 55

Grid Reference: 274062 675622

File Reference: MS

Site History: N/97/00083/FUL : Erection of 170 Dwellings - Granted August 1997 Development Plan: Cumbernauld Local Plan - Contrary to Development Plan: No

CONSULTATIONS:

Objection: Local Member No Objection: Conditions: East Of Scotland Water No Reply:

REPRESENTATIONS:

Neighbours: No Response Newspaper Advertisement: Not Required The applicants propose to form a temporary access to this COMMENTS: residential site within Craigmarloch for which planning permission was granted for 170 dwellings in August 1997. They further propose to establish compounds for the storage of materials during the construction period.

RECOMMENDATION: Grant, subject to the following conditions:

1. That the planning permission hereby granted is for a temporary period only and shall expire three years from the date of this permission.

Reason In the interest of road safety, amenity and the proper planning of the area. 1 I \\ I I I 2. The access road shall be surfaced in an impervious material over the first 15 metres from its junction with the adopted road, to the satisfaction of the Planning Authority.

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

3. That the access shall be no less than 6 metres in width, to the satisfaction of the Planning Authority.

Reason: To ensure satisfactory vehicular access facilities to the site.

4. That before the access is brought into use adequate wheel cleaning facilities shall be provided within the site such that no debris is carried onto the public road.

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

5. That before the access is brought into use, a warning sign shall be erected on the south side of the access warning drivers exiting the adjacent roundabout of the possibility of lorries turning.

Reason: In the interests of road safety.

6. That prior to the commencement of construction of the proposed access full constructional details of the junction 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.

7. That within six months of the completion of the last dwelling on the site the temporary access shall be removed and the site reinstated in accordance with as scheme which has been approved in writing by the Planning Authority.

Reason: To safeguard the residential amenity of the area. 8. That the proposed Phase 2 Storage compound shall not be brought into use until such time as the diversion of the water mains traversing the site has been completed.

Reason: In the interests of the amenity of the site, public safety and to protect the statutory undertakers apparatus.

Background Papers: Application form and plans received 15th June 1998 Letter dated 4th August 1998 from East Of Scotland Water Letter dated 28th August from Councillor J McKenna

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. APPLICATION NO. N/98/00854/FUL

REPORT

1. Description of Site and Proposal

1.1 The site lies within the Craigmarloch area of Cumbernauld and comprises part of the Craigmarloch Area D site which was one of several sites in the area sold by Cumbernauld Development Corporation for housing development. Planning permission was granted in August 1997 for a development of 170 dwellings on the Area D site.

1.2 The applicants propose to form a temporary access to the Area D site from Glen Fyne Road to facilitate their development. They also propose to form two temporary storage compounds within the site.

2. Development Plan

2.1 The site is covered by policy HG5 in the adopted Cumbernauld Local Plan, which identifies the area for new residential development.

3.

3.1 The local member, has submitted an objection to the application on the grounds that a much better solution would result from the provision of a temporary access from Eastfield Road. He has also expressed concerns over the impact of the access on the planted area and the problems of mud being carried on to Glen Fyne Road.

3.2 The Area Transportation Manager found the proposals acceptable subject to the access being at least 6 metres wide, being finished in a hard surface over the first 15 metres, provision of wheel cleaning facilities, erection of a warning sign on Glen Fyne Road, restoration of the road verge and the submission of details of the junction.. All of these matters can be satisfactorily dealt with by planning conditions. It should also be noted that the road opening permit relating to the formation of the access has been granted.

3.3 East of Scotland Water commented on the position of the temporary storage compound to be utilised in the second phase of the development in relation to the location of the water main. The developer has confirmed that this compound would only be brought into use following the diversion of the water main, which is required to allow the housing development to proceed.

4. Planning Assessment and Conclusions

4.1 Whilst the local member has expressed genuine concerns regarding the position of the temporary access, the acceptance of the proposal by the Area Transportation Manager must be the determining factor in terms of road safety. Whilst the planning process does allow room for negotiation with a developer to improve an otherwise unacceptable proposal, there is no mechanism whereby an alternative proposal to an otherwise acceptable proposal can be imposed. It is also worth noting that the provision of this temporary access will effectively remove a significant amount of construction traffic from a residential access road.

4.2 I would therefore recommend that permission be granted subject to conditions. Application No: N/98/00891/OUT

Date Registered: 22 June 1998

APPLICANT: LANSDALE LIMITED 42 CUMBERNAULD ROAD MOLLINSBURN

Agent: Campbell Fleming Associates 63 Newton Road Lenzie Glasgow

DEVELOPMENT: THE CONVERSION OF EXISTING BUILDINGS AND THE ERECTION OF A NEW DWELLINGHOUSE TO FORM 3 DWELLINGS.

LOCATION: LAND ADJACENT TO AND INCLUDING 42 - 44 CUMBERNAULD ROAD, MOLLINSBURN. Ward No: 68 Grid Reference: 27183671665 File Reference: MT

Site History: Various applications including:- TP/79/553 - Change of use of house to t.v sales office.(Approved) TP/80/101 - Change of use of t.v shop to Billiards room(Refused) TP/89/334 - Change of use of studio to childrens nursery(Approved)

Development Plan: Strathkelvin District(Southern Area) Local Plan 1983 Policy EPRO 6 - Areas Unaffected by Specific Proposals, Policy EPRO 7 - Development Control within Residential Areas. Northern Corridor Local Plan (Consultative Draft) 1998 Policy HG3 - HG6 Development Control within residential areas. Policy ENV 29 - Methane Gas

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, Coal Authority Conditions: No Reply: SEPA

REPRESENTATIONS: Neighbours: Seven letters of representation. Newspaper Advert: Not required

COMMENTS: The application under consideration proposes the erection of a new dwellinghouse on a vacant site and the conversion of the existing buildings at 42-44 Cumbernauld Road, Mollinsburn to form three dwellinghouses.

It is considered that the creation of three dwellings with access and parking facilities is, in land-use terms, in conformity with both the adopted and emerging local plan policy. In particular sensitive upgrading of the existing buildings inconjunction with the creation of front garden areas has the potential to significantly improve the appearance of the streetscene within this part of Mollinsburn. No adverse comments have been received from any of the consultees and in particular the access and parking arrangements are acceptable to the Transportation Manager.

A number of representations have been received to the proposals. Chryston Community Council offers support, although a number of objections have I'

iPt'h"dt"hc,'y,z,i,06,dn,::"Ct;y)ey&i "Q er Mniasty's Stationery Olifce PLANNING APPL I CAT I ON NO. N/9R/00891 /OUT Scale : 'rown copyright Jnauihoriaed reprvductlon infringes Crown copyr.ight and ma lead to prosecution OUTLINE RESIDENTIAL DEVELOPMENT or civ i i procesdiings 1: 1000 . icence No. LA 0~041 1996 L AT CUMBERNAULD RD, MOLLINSBURN. lorth Council Lanarkshire LCCAT I ON OF OBJECTORS Dote iron Way. Cumbernauld G67 IDZ 26 Aug 1998 elephane 012% 722131 Fox 01236 458462 MAPREF NS7177 been received. All of the planning issues raised can, however, be addressed by condition and do not warrant refusal of the application.

All in all the development as proposed is acceptable and accordingly permission should be granted.

RECOMMENDATION: Grant subject to the following conditions:-

1. 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 provision of the Town and Country Planning (Scotland) Act 1997.

2. 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 design and location of all boundary walls and fences; (e) the phasing of the development; (f) the disposal of sewage; (g) details of existing trees, shrubs and hedgerows to be retained;

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

3. That the total number of dwellinghouses within the site shall not be more than 3.

Reas o n : To ensure a satisfactory standard of development.

4. That before any construction work is commenced on site written confirmation shall be submitted to the planning authority that no gas seepage has been detected on site.

Alternatively or if it is not possible to satisfy the planning authority that no gas is present confirmation will be required to the effect that the constructional details are such as to ensure that gas will not enter into the structure by means of seepage.

Reason: In the interests of public safety and as the site is located in an area of natural methane gas seepage.

5. That the design of the new dwellinghouse hereby permitted shall reflect and compliment the local character of the surrounding area in its scale and use of building materials whilst the proposed conversion of the existing buildings shall reflect the traditional proportions and fenestration of the former cottages.

Reason: In the interests of amenity and to reflect the character of the adjacent, traditional buildings.

6. That the new dwelling to be erected shall not exceed one and a half storeys in height and shall have a traditional double pitched roof. Reason: In the interests of amenity and to reflect the character of the adjacent, traditional buildings.

7. That notwithstanding the requirements within condition 2 above, all drainage arrangements shall be to the satisfaction of the Scottish Environmental Protection Agency.

Reason: To ensure that the site is adequately drained and does not lead to the pollution of local watercourses.

Background Papers: Application Form and Plans Strathkelvin District(S0uthern Area) Local Plan 1983. North Lanarkshire Council Northern Corridor Local Plan consultative draft 1998. Letters of representation dated 28, 29,30 June and 6 July 1998.

Any person wishing to inspect these documents should contact Moray Thomson at 01236 616463. APPLICATION NO. N/98/00214/FUL

1.0 PROPOSAL AND SITE

1.1 The application under consideration proposes the erection of a new dwellinghouse on a vacant site and the conversion of the existing buildings at 42-44 Cumbernauld Road, Mollinsburn to form three dwellinghouses. The proposal also includes the provision of a new vehicular access and off street parking to serve all properties.

1.2 Policy EPRO 6 of the Strathkelvin District (Southern Area) Local Plan identifies the site as being unaffected by specific proposals, It states that future development proposals will be considered on merit and in terms of local planning criteria.

1.3 The proposed replacement for the adopted plan, the Northern Corridor Local Plan, which is in consultative draft form, states that applications for residential development shall be considered against criteria including the development plan relationship to other land uses, the impact on the locality and adequate ground conditions in terms of gas migration.

1.3 Policy ENV 29 identifies the site as falling within a naturally occurring methane gas area. The policy requires applicants to demonstrate that new developments can be safely developed.

2.0 CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:- West of Scotland Water: No objections. Transportation Manager: No objections subject to conditions. Coal Authority: No objections SEPA: No response.

2.2 A number of representations have been submitted in respect of the proposals. Although the majority of letters contain objections, Chryston Community Council are supportive of the proposals which it is said will lead to an improvement within the part of the village in which the site is located.

2.3 Of those submitting objections, a number relate to civil legal matters which are not material or relevant to the consideration of the proposal. Within this category are comments relating to servitude rights of access and rights of objectors to drain their subjects to a septic tank. Other comments raised include the following: 1)the proposed access will adversely affect road safety, 2) that the proposals will interfere with storm drains, 3)that both privacy and views will be adversely affected 4) the character of the village will be destroyed.. 5) objections to the septic tank being moved closer to the objector’s house 6) the amended field access position will lead to the loss of use of part of the field 7) the proposals do not provide enough visitor parking 8) the re-location of the telephone box will lead to on street parking.

2.4 Comments upon the objections are as follows: 1),7) and 8)-The concerns regarding road safety have been considered, however the Transportation Manager is satisfied that the site can be developed without adversely affecting road safety.

2) It is considered that the provision of front gardens will have the potential of improving the drainage arrangements through the removal of the hard surfacing. If necessary the gardens can incorporate formal drainage.

3) It is not considered that the privacy of any adjacent proprietors will be adversely affected by the proposal, whilst no right to a view exists.

4) Sympathetic design and external treatments should ensure that the development will enhance the character of the village. 5) The proposed location of the septic tank is not materially different from its current position. In any event the final siting of the tank will be considered in detail when the reserved matters application is submitted.

6) The proposed alteration to the field access is essentially a private matter. However the loss of use of part of the field will be offset by the re-use of the current field access position.

3.0 DISCUSSION AND CONCLUSION

3.1 It is considered that the proposals under consideration are in accordance with local plan policy in terms of both the adopted and emerging local plan policy.

3.2 The Southern Area Local Plan, the adopted local plan, states that proposals will be considered on merit and in terms of local planning criteria. The policy therefore recognises the potential within the built up area for infill developments. The application, which proposes the conversion of former cottages to residential use, and the erection of a new dwelling on vacant ground adjacent to the existing buildings is, in land use terms consistent with the existing land uses and the pattern of development. In terms of local planning criteria, the proposal has not been the subject of any adverse comments from any of the consultees.

3.3 The emerging local plan, the Northern Corridor Local Plan restates the foregoing policy, in more explicit terms, setting out the criteria to be taken into account when assessing any development proposal.. Policy HG3 sets out the criteria which require to be satisfied. In general terms plots must be sufficiently large and be of a reasonable shape which can be developed in a manner in keeping with an area. In particular plots must be of a scale in keeping with other feus in the locality and must have an adequate road frontage. In addition new residential development must provide adequate off-street parking. The proposals under consideration satisfy the foregoing criteria. With respect to the issue of methane gas seepage, it is considered appropriate within Mollinsburn, where there has been a number of residential properties developed in recent years, to address the matter by the use of planning condition.

3.4 It is considered that the development as proposed is acceptable and that accordingly permission should be granted subject to the conditions attached. Application No: N/98/00952/FUL

Date Registered: 6th July 1998

APPLICANT: THOMAS MCCRACKEN, 2 REDHILL ROAD, BALLOCH, CUMBERNAULD, G68 9AS

Agent:

DEVELOPMENT: CHANGE OF USE OF PUBLIC OPEN SPACE TO PRIVATE GARDEN USE

LOCATION: 2 REDHILL ROAD, BALLOCH, CUMBERNAULD, G68 9AS

Ward No: 55 Grid: 274678 675 159 File Reference: GLA Site History: PN89/028 - House and Garage

Development Plan: Zoned as “Residential” in the Cumbernauld Local Plan (Adopted) November 1993

Contrary to Development Plan: No

CONSULTATIONS:

Objection: Leisure Services No Objection: East of Scotland Water, West of Scotland Water, British Gas Scottish Power No Reply: Conditions:

REPRESENTATIONS:

Neighbours: No Response Newspaper Advert: Not Required

COMMENTS: The application is for the change of use of a landscaped area of public space to private garden ground at 2 Redhill Road, Balloch, Cumbernauld. The extended area amounts to approximately 100.68 square metres and will be enclosed with fencing to match the existing in terms of height design and colour.

An objection has been lodged from the Leisure Services Department whose comments are summarised in the accompanying report.

After consideration of the proposals and the issues raised by the objection, I would recommend that the application is approved 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 the proposed fence shall match the existing boundary fence in terms of design and colour and be erected as shown on the line coloured blue on the approved plan.

Reason: To safeguard the amenity of the area.

3. That not withstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gate shall be erected in the section of fencing coloured red on the approved plan.

Reason: To safeguard the amenity of the area.

List of Background Papers:

Planning Application Forms and Plans registered on 6th July 1998 Cumbernauld Local Plan (Adopted November 1993) Consultation responses from NLC Leisure Services dated 22/7/98; British Gas Transco dated 20/7/98; East of Scotland Water dated 17/7/98; Scottish Power dated 16 July; Transportation Manager dated 15/7/98 and West of Scotland Water dated 14/7/98

Any person wishing to inspect these documents should contact Gillian Anderson on 0 1236-6 16478. APPLICATION NO: N/98/00952/FUL

1.o PROPOSAL AND SITE

1.1 The applicant proposes to extend his existing garden into an area of landscaped public space adjoining his property at 2 Redhill Road, Balloch, Cumbernauld.

1.2 The area of ground which was purchased by the applicant from North Lanarkshire Council is approximately 100.68 square metres of mature vegetation which is approximately 3 metres wide and 33.5 metres in length, so therefore it is quite a long, narrow strip of ground.

1.3 The application site is covered by Housing Policy HG 4 - Residential Amenity as defined by the Cumbernauld Local Plan (Adopted November 1993). The proposal is not contrary with the development plan.

2.0 CONSULTATIONS

2.1 The Transportation Manager; East of Scotland Water; West of Scotland Water; British Gas Transco and Scottish Power made no adverse comments relating to this application.

2.2 The Leisure Services Department objected to the application on the following grounds:-

(a) The area proposed for the inclusion in the applicant’s extended garden contains good, mature, low maintenance planting, part of the amenity/screen planting bordering the Balloch Loop Road.

(b) The proposal to insert a gate in the back garden fence, opening onto a publicly maintainedlandscaped area should not be encouraged.

(c) There are also reservations regarding bringing the proposed fencing forward of the ‘building line’. It is felt this would create an undesirable precedent in a prominent location.

3.0 REPRESENTATIONS

3.1 There were no letters of objection received from those neighbour notified regarding this application.

4.0 ANALYSIS AND RECOMMENDATION

4.1 The 100.68 square metres of landscaped open space which is to be incorporated in the applicant’s private garden is only approximately one tenth of the total amount of amenity/screen planting which borders the Balloch Loop Road. After the inclusion of this narrow strip of land there will be approximately 1000 square metres of planting remaining which borders the loop road. The inclusion of the proposed area of ground for private garden use is considered not to be detrimental to the visual amenity of this residential setting because a considerable area of quality planting will remain outwith the applicant’s proposed new boundary.

4.2 The/ -2-

4.2 The insertion of a gate at this location in the fencing is not acceptable because the gate would encourage an access point out onto a publicly maintained landscaped area which is quite mature in growth therefore creating an unwanted pathway to the public footpath. This has been addressed with an appropriate planning condition.

4.3 There are no relevant planning conditions which could be used to prevent the erection of a one metre high fence fomard of the building line at this location. The introduction of a one metre high fence forward of the building line at this location will clearly define the edge between the private housing and the structure planting alongside Balloch Loop Road.

4.4 It is considered that on balance, the development as proposed is acceptable and that accordingly permission should be granted subject to the conditions attached. Application No: N/98/00955/OUT

Date Registered: 8th. July 1998

APPLICANT: MR. JOHN CLELLAND

Agent:

DEVELOPMENT: ERECTION OF THREE DWELLINGS IN OUTLINE

LOCATION: CRAIGSTONE, HIGH BARRWOOD ROAD, KILSYTH

Ward No: 65 Grid: 273039 677781 File Reference: P.W. Site History: None

Development Plan: Residential area in Adopted Kilsyth Local Plan 1983 Greenbelt in Kilsyth Local Plan Fdised Draft 1996

Contrary to Development Plan:

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, The Coal Authority, Strathclyde Fire brigade and SEPA No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Three letters Newspaper Advert:

COMMENTS: This application for three dwellings in outline is on a site at the far eastern end of High BmdRoad. At this point the road deteriorates into a narrow dirt footpath and would require extensive upgrading works to adequately accommodate vehicular traffic.

The Transportation Section of my Department consider that due to the upward slope west along High BmdRoad, any vehicular access from the site would have an inadequate visibility splay to the detriment of road safety.

The site is heavily wooded and contributes to the rural character of the adjacent land to the east towards Woodend Farm. The site is identified as being in the greenbelt in the Kilsyth Local Plan Finalised Draft 1996. This plan is now close to formal adoption.

Furthermorel

-2-

Furthermore, a residential application at Woodend Farm was recently refused consent because of its greenbelt designation in the 1996 Draft Local Plan. The policy designation within the 1996 Draft Plan is considered to be a strong material consideration as it is considered that the landscape character and location of the site justifies the greenbelt designation. Also, it is important this application is considered in the light of the adjacent Woodend Farm application in terms of greenbelt policy in the interests of consistency. I am also satisfied that an adequate vehicular access, in terms of visibility cannot be achieved.

It is therefore recommended that planning permission be refused.

RECOMMENDATION: Refuse for the following Reasons:-

1. The site is within the greenbelt as identified in the Kilsyth Local Plan Finalised Draft 1996.

2. The proposal would result in a sub-standard access with an inadequate visibility splay, to the detriment of the road safety.

3. If approved, this application could set an undesirable precedent for further sub-standard and inappropriate proposals within the greenbelt as identified in the Kilsyth Local Plan Finalised Draft 1996.

List of Background Papers: Application form and plans dated 1st. July 1998 and 8th. July 1998 respectively Kilsyth Local Plan Finalised Draft 1996 Consultation responses from:- Strathclyde Fire Brigade dated 10th. July 1998, The Coal Authority dated 15th. July 1998, Kilsyth Community Council dated 17th. July 1998, West of Scotland Water dated 17th. July 1998 and SEPA dated 7th. August 1998 Letters of objection from:-Mr. G. Linn, 7 Coach Close, Kilsyth dated 16th. July 1998, Mrs. Irene Linn, South Barrwood Cottage, Kilsyth dated 27th. July 1998, Dundas Wilson Solicitors on behalf of J.B. Bennett (Glasgow) Ltd.,Builders dated 22nd. July 1998

Any person wishing to inspect these documents should contact Paul Williams on 0 1236-616464 APPLICATION NO: N/98/00955/OUT

1. SITE AND PROPOSAL

1.1 This application has been submitted by Mr. John Clelland of ‘Craigstone’, High Barrwood Road, Kilsyth on behalf of himself and his neighbours at ‘Serena’ who together are joint owners of the site. The application seeks approval for a residential development in outline for three dwellings.

1.2 The site covers an area of 0.44 hectares and lies immediately to the east of the property known as ‘Serena’ at the extreme eastern end of High Banwood Road, Kilsyth. The site is bounded to the north and east by open scrubland and to the south by number 8 Coach Close. The site forms part of what were once agricultural holdings locally known as ‘couches’ and in terms of landscape is extremely undulating and heavily wooded.

1.3 The application seeks approval for three dwellings in outline sharing a private access road. However, High Barrwood Road at the site location deteriorates into a narrow pedestrian dirt footpath which would require extensive upgrading work to adequately accommodate vehicular traffic.

1.4 The site falls within the residential envelope of Kilsyth as defined in the Adopted Kilsyth Local Plan of 1983. However, the site Mls within the greenbelt as defined in the Kilsyth Local Plan Finalised Draft 1996 yhich is close to adoption and it is not envisaged that the 1996 Draft Policy status of the site will change.

2. CONSULTATIONS AND OBJECTIONS

2.1 West of Scotland Water, The Scottish Environmental Protection Agency, The Coal Authority and Strathclyde Fire Brigade have been consulted and all have expressed no objections to the proposal. However, Kilsyth Community Council have objected to the proposal on the grounds that the site is within the greenbelt in the 1996 Finalised Draft Local Plan and should therefore be refused permission as was the residential proposal at Woodend Farm to the east of the site, which was also identified to be in the greenbelt in the 1996 Finalised Draft Local Plan, and which was recently refused permission. The Transportation Section of my Department have recommended that the application is refused in the interests of road safety because of the inadequate visibility splay from the site access which would result due to the upward slope west along High Bamvood Road. The Transportation Section had originally considered that the application could provide the opportunity for the construction of a turning facility at the end of High Barrwood Road for the mutual benefit of all road users. However, the previously mentioned slope along High Barrwd Road at thu location would mean that the turning facility would not be visible to road users and therefore of no benefit.

2.2 Three letters of objection have been received from Mr. G. Linn of 7 Coach Close, Mrs. Irene Linn of South Barrwood Cottage and Dundas and Wilson on behalf of J.B. Bennett (Glasgow) Ltd respectively. These objections were on the grounds of inadequate access along High Barrwood Road and on to the site to the detriment of road safety, loss of mature trees, poor drainage and the ownership of that part of the road needed for access.

3. Observations/ -2-

3. OBSERVATIONS AND CONCLUSION

3.1 The ownership of High Barrwood Road at the site location is not a material consideration. However, the objections and concerns raised regarding the lack of visibility from the access onto High Barrwood Road are considered to be valid.

3.2 The fact that the site lies within the greenbelt as identified in the Kilsyth Local Plan Finalised Draft 1996 is considered to be a strong material consideration. This Local Plan is nearing adoption and it is not envisaged nor considered justifiable that the greenbelt boundary will be mended at this location. The landscape quality of the site is typified by a steep undulation northwards and dense mature tree cover and relates strongly to the eastern landscape towards Woodend Farm. As previously mentioned, a proposed residential development was refused consent at Woodend Farm because the site was within the greenbelt as identified within the 1996 Finalised Draft Local Plan.

3.3 Therefore, in the interests of consistency, given the site’s greenbelt designation in the 1996 Finalised Draft Local Plan and also in the interests of road safety it is recommended that this application is rehsed planning permission. Application No. C/98/00492FUL Date registered 9 April 1998 APPLICANT MESSERS W. J. McGONNEL, c/o 25 GLEN ROAD, CALDERCRUIX

Agent Condie Plummer, Architects, Brousterland House, 23 Brouster Hill, East Kilbride. DEVELOPMENT ERECTION OF 2 SEMI DETACHED HOUSES LOCATION PLOT 52, HOME FARM, CALDERCRUIX

Ward No. 44 Grid Reference 281733 - 667855

File Reference C/PL/CCG480/GB/md

Site History Planning permission was granted for the a house plot development in April 1991. (App. No. 90/640)

Development Plan Adopted Monklands District Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions The Coal Authority No Reply

REPRESENTATIONS Neighbours Two

Newspaper Advertisement Not required

COMMENTS The proposal is to erect two semi detached houses on a plot that was originally designed for one. Initially the proposals related to two villas linked centrally by a pair of garages. The plans have since been revised to take account of concerns raised by myself and the objectors. No further comments have been received from the objectors. The plot is particularly large in comparison to the other plots within the site and the layout proposed by the applicant fits with the terms of the outline permission.

Having taken account of the concerns of the objectors and the policies of the Adopted Monklands District Local plan I consider the proposal to be acceptable and recommend that planning permission be granted.

R9800492.DOC NORTH 7

*OBJECTORS to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL I RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Plans and application forms submitted on 3 April 1998 - Adopted Monklands District Local Plan 1991 - Letter of objection from Dr M. McAteer, 29 Glen Road Caldercruix, dated 21 April 1998 - Letter of objection from Mr & Mrs Rintoul, 27 Glen Road, Caldercruix, received on 20 April 1998 - Consultation response from the Coal Authority, dated 20 April 1998 - Letter to applicant’s agent dated 12 May 1998 - Letter and amended plans from applicant’s agent dated 29 May 1998 - Letter from applicant’s agent dated 29 June 1998

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.

R9800492.DOC 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 andor samples 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.

3 That before either of the houses hereby permitted is occupied, the garages shall be completed and one further off-street car parking spaces 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 dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 6 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 the satisfaction of the Planning Authority.

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

5. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garage.

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

6. That before either of the dwellinghouses hereby permitted on the approved plans are occupied, a 1.8 metre high close boarded screen fence shall be erected along the boundaries marked blue on the approved plans, details of which shall be approved by the Planning Authority beforehand.

Reason: To safeguard the amenity of future residents.

R9800492.DOC APPLICATION NO. C/98/00492/FUL

REPORT

1. THE SITE AND ITS LOCATION

1.1 The application site is located within the Home Farm development on the west side of Caldercruix. The plot is on the junction of the continuation of Station Road and Phase 3 of the development.

1.2 The plot area is 512m2and was originally allocated to be developed for one house only.

2. DESCRIPTION OF THE PROPOSAL

2.1 The applicants have proposed to erect two semi-detached houses on the plot both with integral garages. The proposals have been amended by the applicants following concerns raised by myself and the objectors. The revised plans show the houses would cover approximately 26% of the entire plot area and sufficient provision private garden ground, at around 94m2 and 73m2 each.

3. LOCAL PLAN CONTEXT

3.1 The application site is covered by one policy of the Local Plan, HG3/25, this allocates the site for housing development.

3.2 The Local Plan also contains design guidance for housing developments. The relevant sections of this design guidance suggest that a plot should have a rear garden which is 9.0m long and that directly facing windows between plots should be a minimum of 18.0m.

4. REPRESENTATIONS

4.1 Two letters of objection in respect of the original proposals have been received from adjacent neighbours at 27 and 29 Glen Road, Caldercruix. Their concerns can be summarised as follows: 0 the houses should have 9.0m rear gardens to protect the privacy of the neighbours;

ii) the plot should be developed for one house only as originally designed; iii) the original proposal would be detrimental to the privacy and residential amenity of the neighbouring property;

iv) the plans submitted were inadequate to give a detailed comment on the proposal.

5. CONSULTATIONS

5.1 The Coal Authority have indicated there has been some underground workings within the vicinity of the site in the past and that the developers should seek the appropriate technical advice before constructing the houses.

6. ASSESSMENT

6.1 The main concern is that this proposal would have an adverse effect on the privacy and residential amenity of the neighbouring houses.

6.2 Originally the applicants proposed to build 2, two storey semi-detached houses linked in the middle by a single storey garage block. This meant that the garden ground of each plot was restricted and the southern most house would be located one metre from a part of the boundary of 29 Glen Road, Caldercruix. This would result in the adjacent property being overlooked. This matter has raised the most concern from the objectors.

R9800492.DOC 6.3 As a consequence the applicant has amended his proposal. The site will still be developed for two semi-detached houses, however, the two storey element will be adjoined in the middle of the plot. The integral garages for each plot will be on the outside of the houses. This results in a lower part of the development being directly adjacent to the angled boundary at No. 29 Glen Road, further to this the houses have been reduced in size and the southernmost property will be at its nearest point, 3.2m from the angled boundary with No. 29 Glen Road. The changes also mean that the two storey element of the building is now 5.3 metres away from the boundary. The applicants have proposed to have a bedroom over the garage, ths will be lit by a velux rooflight on the rear elevation of the site.

6.4 One of the other concerns is that the garden area of the original proposal did not provide a depth of 9.0m. This has now been changed in order that the house on the northernmost part of the site has its entire garden ground at a depth of 9.0m. The adjoining house has a 9.0m rear garden over almost half of the site thereafter it reduces to the minimum 3.2m. The house does, however, have a large side garden, part of which could be made private.

6.5 One of the reasons for requiring a rear garden depth of 9.0m is to allow directly visible windows of houses to be no less than 18.0m apart to protect their privacy. In this instance the distance between the northmost house and No. 27 Glen Road is 18.0m. The distance between the southmost house and No. 29 Glen Road is at the most 19.0m and at the least, 15.0m. Most importantly the distance between upper floor windows is approximately 17.0m. Whilst this is below the suggested distance of 18.0m it should be noted that the house on Glen Road is sited at an angle to the plot boundaries. This means that the windows are not directly intervisible.

6.6 The applicant has amended the proposals in direct response to the concerns of the neighbours. The neighbours have been notified of these changes but have chosen not to make any further comments.

6.7 With the changes made to the proposal I am of the opinion that the concerns that the neighbours had initially expressed have been satisfied. The houses are now what I consider to be a suitable distance from the adjoining properties at 27 and 29 Glen Road, Caldercruix. The houses have also been reduced in size and the change of design are such that I do not consider there will be a significant loss of amenity of privacy.

7. CONCLUSION

7.1 Whilst the original planning permission had approved the site for one house only I do not consider in ths instance that there is problem with two houses being built on this plot. The plot size is sufficient to allow these houses and still have a suitable amount of private garden ground so not to impinge unduly on the neighbouring houses. I therefore consider the proposal to be acceptable and recommend that permission be granted.

R9800492.DOC Application No. C/98/00528/FUL Date registered 24 April 1998 APPLICANT SPICE OF LIFE, 41 GATESIDE STREET, HAMILTON

Agent Robert McCallum, 3 Racecourse View, Furlongs, Hamilton DEVELOPMENT CHANGE OF USE OF SHOP TO HOT FOOD TAKEAWAY AND ERECTION OF FLUE LOCATION 8 SOUTH BRIDGE STREET, AIRDRIE

Ward No. 41 Grid Reference 276028 - 665674

File Reference C/PL/AI S3 770080000/GB/md

Site History None

Development Plan Policies COM4, ECON13/4 and ENVl5/3 of the Adopted Monklands District Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection None No Objection NLC Director of Environmental Services Conditions None No Reply None

REPRESENTATIONS Neighbours Two

Newspaper Advertisement None

COMMENTS The applicant proposes to change the use of an existing fishmongers shop to a hot food takeaway.

Having taken account of the comments of the objectors and the policies of the Adopted Monklands District Local Plan, I consider the proposal to be acceptable.

R9 800 5 2 8.DOC

5.2 Firstly the owner of the flat above was concerned that the proposed extraction flue was to be attached to the outside of the building and would exit adjacent to a velux window in the upper flat. This would create a nuisance with the cooking smells emanating from the premises. The applicant, however, has changed the proposal and has now routed the extract flue through the existing chimney breast for the premises and exiting at the chimney head. I therefore do not consider that there will be a nuisance caused to the upper floor property due to cooking smells.

5.3 Secondly the resident on the opposite side of South Bridge Street has expressed concern regarding an over provision of hot food takeaways in this area resulting in problems of noise nuisance and litter. I can accept that such problems do exist with social and entertainment developments such as this. Indeed they are often referred to as “bad neighbour developments”. However, the Council have positively identified areas where these proposal would be acceptable. This gives a clear indication for developers who wish to invest in such proposals and directs these uses away from predominantly residential areas where such use would cause a nuisance.

5.4 In this instance the proposal is within an area which the Council have identified through the Local Plan process as being a Secondary (Retail) Core Area, and indicated that such “bad neighbour developments” would be acceptable. I appreciate that there are also some residential properties in th~s area. However, this has to be set against the fact that the surrounding area is predominantly commercial and that it is identified as a suitable area for such uses.

5.5 The Director of Environmental Health has confrmed that he does not have any objections to this proposal and there are no objections to it on traffic or road safety grounds either.

6. CONCLUSIONS

6.1 Given that the application site is within an area identified as being suitable for use as a hot food takeaway within the Local Plan, and I do not consider there to be any detrimental effects on the amenity of the surrounding residential properties, I would recommend that planning permission be granted subject to the conditions on the attached sheet.

R9 800 5 2 8.DOC Application No. C/98/00945/FUL Date registered 8 July 1998 APPLICANT MR DALZIEL, 10 ROSEMOUNT COURT, FORREST STREET, AIRDRE

Agent Architectural Design, DEGS - Domestic & Commercial, A D Plans, S McKitting, 29 Millheugh, Larkhall DEVELOPMENT INSTALLATION OF REPLACEMENT WINDOWS TO FLATTED DWELLINGHOUSE LOCATION 10 ROSEMOUNT COURT, FORREST STREET, AIRDRIE

Ward No. 43 Grid Reference 277407665572

File Reference C/PL/AIR5 880 1OOOOO/RT/KH

Site History No relevant site history

Development Plan Under the terms of the Monklands District Local Plan 1991, the site is located within an area covered by policies HG9: Housing Policy for Existing Residential Areas and ENVW2: Drumgelloch, Airdrie Conservation Area.

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No response

Newspaper One objection Advertisement

COMMENTS The application relates to the installation of replacement windows to the above flatted dwellinghouse. The proposals relate to the replacement of nine velw windows on the front and rear elevations of the third floor mansard style roof of the flats. The design and material finish of the proposals are considered appropriate for this location. Having evaluated the proposals taking account of the concerns raised in the letter of objection it is considered that the development is acceptable and that planning consent should be granted.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

R9800945.DOC the permission of the Controller of Her PROPOSAL/SITE: INSTALLATION OF REPLACEMENT ' NORTH Majesty's stationery office 0 crown L WImowsTO FLATTED DWELLINGHOUSE AT 10 SCALE 1: 1250 Copyright. Unauthorised reproduction * ROSEMOUNT COURT, OFF FORREST STREET, AIRDRIE infringes Crown Copyright and may lead c to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL List of Background Papers

- Application form and plan - Adopted Monklands District Local Plan 1991 - Letter of representation from the Property Committee via Mr John McMillan, 15 Rosemount Court, Forrest Street, Airdrie

Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Mrs Rosaleen Toal.

R9800945.DOC APPLICATION NO. C/98/00945/FUL

REPORT

1. INTRODUCTION

1.1 The applicant seeks planning permission to install replacement windows to a top floor 3 storey flatted dwellinghouse lying within the Drumgelloch Conservation Area at 10 Rosemount Court, Forrest Street, Airdrie. The proposals relate to the replacement of a total of nine velux windows on the front and rear elevations of the third floor mansard style roof of the flats. The existing windows are of a stained timber finish. The proposed windows would be finished in woodgrain UpVC.

2. LOCAL PLAN POLICY

2.1 The site is zoned under the Adopted Monklands District Local Plan 1991 as HG9: Housing Policy for Existing Residential Areas and as ENVW2: Drumgelloch, Airdrie Conservation Area.

3. REPRESENTATION

3.1 One letter of representation was submitted by the property committee of Rosemount Court, via Mr John McMillan, 15 Rosemount Court, Forrest Street, Airdrie. The grounds of representation are summarised as follows:

(i) The Committee will have no objections to the new windows provided that uniformity exists.

(ii) Again the Committee will have no objections provided that the new windows do not appear out of place in relation to the existing windows in the block.

4. OBSERVATIONS

4.1 Firstly the proposed replacement windows are a slightly different proportion from the existing windows within the block, however the proportional Merence is not significant enough to juste refusal of the application.

4.2 Secondly, although the applicant is proposing to use a woodgrained UPVC finish to the windows which will be a different material finish from the other windows within this block, I am confident that UPVC woodgrain finished windows would look sufficiently similar to the existing windows.

5. CONCLUSION

5.1 Having taken into account the representations raised and assessed the details of the application against the relevant policies of the Adopted Monklands District Local Plan 1991, I consider the development to be acceptable from a planning viewpoint and recommend that permission be granted subject to the appropriate conditions.

W800945.DOC 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 sample of the exact materials to be used as replacement windows shall be submitted to, and approved in writing by the Planning Authority, before any works start on site.

Reason: To safeguard the amenity of the surrounding Conservation Area.

R9800945.DOC Application No. C/98/00959/FUL Date registered 9 July 1998 APPLICANT MR WILLIAM COLQUHOUN, 52 NELSON AVENUE, COATBRIDGE

Agent DEVELOPMENT SITING OF MOBILE HOT FOOD VAN LOCATION LAND ADJACENT TO UNIT E7, NORTH CALDEEN ROAD, COATBRIDGE.

Ward No. 35 Grid Reference 274214664410

File Reference

Site History No Site History

Development Plan Under the terms of the Monklands District Local Plan 1991 the site is located within an area covered by Policy SP21: Develop simplified planning zone

Contrary to Development Plan No

CONSULTATIONS

Objection Transportation Section No Objection Conditions No Reply

REPRESENTATIONS Neighbours Two letters of Objection

Newspaper Advertisement One letter of Objection

COMMENTS The applicant seeks planning consent to site a hot food van within the Calder Street Enterprise Zone. The hot food van would be located within the car parking area adjacent to units E6 and E7 North Caldeen Road, Coatbridge. Following a full assessment of the proposals, taking into account all material considerations, including the concerns raised in the three letters of objection it is considered that the development is likely to adversely affect parking and servicing for the industrial units causing a risk to pedestrian and vehicle safety. I therefore recommend that permission be refused.

R9800959.DOC Reproduced from Ordnance Survey with N APPLICATION NO: C/98/00959/FUL the permission of the Controller of Her PROPOSAL/SITE: SITING OF MOBILE HOT FOOD VAN ON NORTH 1' Majesty's stationery office 0 crown L LAND ADJACENT TO UNIT ~7 NORTH CALDEEN ROAD, SCALE 1: 2500 *OBJECTORS Copyright. Unauthorised reproduction C COATBUDGE infringes Crown Copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL RECOMMENDATION

Refuse for the following reason:

(1) That the siting of a mobile hot food van at this particular location would restrict the parking and servicing associated with the adjacent industrial units.

(2) That the siting of a mobile hot food van at this location would cause a hazard to both pedestrian and vehicle safety.

List of Background Papers

- Application Forms & Plans - Adopted Monklands District Local Plans 1991 - Letter of Objection from Lees of Scotland Ltd, North Caldeen Road, Coatbridge - Letter of Objection from Lanarkshire Development Agency, New Lanarkshire House, Strathclyde Business Park, Bellshill - Letter of Objection from Kelly’s Fish and Chicken, 45 Sikeside Street, Coatbridge - Transportation Consultation

Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Rosaleen Toal

R9800959.DOC APPLICATION NO. C/98/00959/FUL

REPORT

1.1 This application relates to the siting of a mobile hot food van adjacent to Unit E7, (Benson At Your Services) North Caldeen Road, Coatbridge.

1.2 The site is located an area covered by Policy SP21: Develop Simplified Planning Zone in terms of the Monklands District Local Plan 1991.

2. CONSULTATIONS/REPRESENTATIONS

2.1 There were no external consultees involved in the consideration of this application. However the Transport Section has advised that the location of this mobile snack van would adversely affect the service access to Units E6 & E7. In addition there is insufficient hardstanding at this location to accommodate the mobile hot food van without risk to vehicle / customer safety.

2.2 Three letters of objection were received in connection with the main proposal. The main points of Objections raised are as follows:

(i) The mobile hot food van would generate litter and aesthetic problems. Also the close proximity of the source of food and non-food waste would cause problems to the adjacent food manufacturers who are required to observe strict hygiene regulations.

(ii) A mobile hot food van within the Enterprise Zone will be visually detrimental to the amenity of the area.

(iii) A mobile hot food van leads to unfair trading as it has virtually no overheads.

(iv) A mobile hot food van will generate traffic problems.

3. OBSERVATIONS AND CONCLUSIONS

3.1 In terms of the various points of objection raised I would comment as follows:

(i) The potential of the proposed development to generate litter and consequently result in hygiene problems is not considered to be justification for refusal of a such a proposal, appropriate conditions could be placed upon any permission to deal with this.

(ii) I do not consider that the location of a hot food van at this location would significantly affect the amenity of the area.

(iii) The lack of overheads associated with such a development is a commercial matter and is not a valid planning consideration.

R9800959.DOC (iv) I support the objections raised relating to traffic matters. The siting of a hot food van within industrial areas is common and permission has been granted in the past for similar applications in many other such estates in the district. However, in this case the proposed location of the hot food van is considered to be unacceptable due to its likely impact on the servicing and parking of the industrial units and its implications for pedestrian and traffic safety. The possibility of relocating the hot food van elsewhere within the parking and servicing areas adjacent to the industrial units at North Caldeen Road has been considered. It is concluded, however, that there is no location within this part of the industrial estate which would not adversely affect parking, servicing and pedestrian and traffic safety. I must therefore recommend that permission be refused.

R9800959.DOC Application No. S/97/0074 1/FUL Date registered 20th November 1997 APPLICANT J. GORMAN, 5 WINDEMERE STREET, BELLSHILL, ML4 1DE Agent DEVELOPMENT CHANGE OF USE OF YARD TO VEHICLE REPAIWAUTO SPARES AND CAR SALES LOCATION JOHNSTONE STREET, BELLSHILL

Ward No. 26 Grid Reference 274130 660370

File Reference S/PL/B/7/47(188)/CLWJM

Site History No significant history. Site was last used as a coach parking area for the former Alhambra bingo hall.

Development Plan Bellshill and Mossend Local Plan - Policy E3 (Area of No Significant Change) Southern Area Local Plan - (Finalised Draft) - Policy Ind 8 (Established Industrial and Business Areas)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection SEPA, NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant has been operating the vehicle repairdspares part of the business for several months. This application will regularise this situation, and would also allow for an element of car sales. I believe that this is an appropriate range of uses for this site and would recommend that permission is granted subject to appropriate conditions. It should be noted that the applicant has used the site as a scrap yard in the past. This unauthorised use has now ceased although limited dismantling will be allowed to facilitate the second hand auto spares part of the business. The committee may wish to note that the delay in bringing this matter to committee is due to the applicant altering the nature of the application, and a delay in receiving comments from SEPA. PLANNING APPLICATION No. S I 98 100741 I FUL Produced by Planning end Development Depmmenl LANARKSHIRE Southern Division 303 Brandon Street CHANGE OF USE OF YARD TO VEHICLE REPAIR I MOTHERWELL MLl 1RS AUTOSPARESANDCARSALES A theRe:rodUmd ~B~ISSIOO hornof thethe Colllmller~fOrdnanm SUNBYherMe)ertys mapping adh T~Ie:hone01685 302100 Fu 016983021012 1:1250 statlonewomca mciwnmpmg~ UnauGwllsed iepmductlon lnmnges Cmun mpmght OS LicenceLA09MIL JOHNSTONE STREET, BELLSHILL. end may lead 10 :ros~wti~norc~vtl pmceedmgi RECOMMENDATION

Grant, subject to the following conditions:-

1. That within 2 months of the date of this permission, details of a scheme, which provides sufficient space within the curtilage of the application site for the parking and manoeuvring of 10 cars shall be submitted to, and approved by, the Planning Authority.

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

2. That before the development hereby permitted is completed, or brought into use, all the area covered by the scheme, approved under the terms of condition 1. above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking area;

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

3. That the use of the site shall be restricted as follows:

(a) There shall be no spray painting.

(b) All car dismantling shall take place within the outbuilding as marked on the approved plans and no cars shall be dismantled or demolished outside this building.

(c) There shall be no burning of material

Reason: To define the permission and in the interests of amenity,

List of Background Papers

Application form and accompanying plans Letetr from applicant dated 8 December 1997 Bellshill and Mossend Local Plan Southern Area Local Plan (Finalised Draft) Letters from SEPA dated 12 February 1997 and 3 August 1998 Memo from Director of Environmental Services dated 12 December 1997

Any person wishing to inspect the above background papers should telephone Motherwell 3 02 102 and ask for Mr Kellock. Application No. S/9 8/00065/AMEND Date registered 19 January 1998 APPLICANT MR GEORGE MacAULAY, 3 SOUTHFIELD CRESCENT, SHOTTS Agent DEVELOPMENT NON-COMPLIANCE WITH PLANNING CONDITION (PARKING OF VAN IN GARAGE) CONDITION 3 OF PLANNING PERMISSION No 302192 LOCATION 3 SOUTHFIELD CRESCENT, SHOTTS

Ward No. 17 Grid Reference 288630659610

File Reference S/PL/B/17/52(169)lGLl.M

Site History 1992 - Planning Consent granted for erection of double garage 1996 - Breach of Conditions Notice Served

Development Plan Residential

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 2 letters of support 1 letter of objection Newspaper Advertisement Not Required

COMMENTS This application relates to non-compliance with a planning condition, attached to a 1992 Planning Permission, which would allow the parking of chip vans in the double garage at the application site. A Breach of Condition Notice was served on the applicant in 1996 when the garage was being used for commercial purposes and since that time there have been persistent complaints about the parking of chip vans, storage and delivery of goods relating to the operation of chip vans and other commercial activities. It would appear that the use of planning conditions to limit the use of the garage to parking of vans would prove difficult to monitor and enforce and in light of this it is my recommendation that Planning Permission be refused. Full details of my considerations are contained in the attached reports.

RECOMMENDATION

Refuse on the grounds that the parking of a commercial vehicle within the garage is unacceptable due to the residential nature of the curtilage and surrounding area and therefore would be detrimental to the amenity of the area.

List of Background Papers

Planning Application Form and Plans registered on 19/1/98 Letter from Applicant received on 2/6/98 Shotts Area Local Plan Letter from Mr Orr received with application Letter from Mrs Hose received with application Letter from Mr Neilson dated 2/2/98

Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for Mr Laing. APPLICATION S/98/00065/AMEND

REPORT

1. SITE AND PROPOSAL

1.1 The application site is a residential property at 3 Southfield Crescent, Torbothie, Shotts, which is a detached dwellinghouse with an attached single garage, outhouses, and a large double garage at the rear of the property. To the north and south of the site are residential properties, across Southfield Crescent, to the west is another residence and to the rear and east of the site is open space on the banks of a small watercourse.

1.2 The applicant wishes to park his chip van in the double garage at the rear of his house and is applying for non-compliance with a planning condition limiting use of the garage to domestic purposes and prohibiting commercial activities being carried out, in, or from the garage.

2. BACKGROUND

2.1 In 1992 planning permission was granted for the erection of a double garage to the rear of the dwellinghouse at 3 Southfield Crescent, subject to the condition outlined in paragraph 1.2 above.

2.2 In 1996 complaints were received about the use of the garage and, following an investigation by my officers, it became apparent that chip vans were being operated from this site and that the garage was being used for the storage of these vans and also the repair and construction of other chip vans and ice cream vans was also noted at this time. The owner of the site was advised that these activities were unauthorised and that the operations should cease or notices would be served on him.

2.3 A Breach of Condition Notice was subsequently served and while the use of the garage for non- domestic purposes appeared to have ceased, the driveway of the house was still being used for the parking of commercial vehicles. Authorisation was obtained for Enforcement Action to be taken in respect of this breach of planning control, but the use of the property appeared to revert to wholly domestic purposes and the notice was not served.

2.4 Since the events outlined above my Department has received regular complaints about the activities on the application site, from neighbours, a solicitor and the Local Member of Parliament on behalf of a constituent and, whilst it would appear that there is a level of animosity between the applicant and one neighbour in particular, these complaints were investigated. As a result of these investigations the owner of the site decided to make a planning application as described in paragraph 1.2 above.

3. REPRESENTATIONS

3.1 Three representations have been received in relation to this proposal. Two letters, from the neighbours on each side of the application site, indicate that the residents of these premises had no objection to the application while the neighbour across Southfield Crescent submitted a letter of objection and evidence to support his claims that the garage was still being used for the storage and operation of commercial vehicles. 3.2 In the letter of objection it is stated that the garage is still used for the parking of chip vans and the building of other vans for sale or rent. It is further stated that gas to fuel the vans fryers and the oil for fiymg are stored and dumped, in the case of the latter, on site. It is further alleged that regular deliveries are made, by suppliers to the catering industry and other suppliers, of food and beverages for resale from the applicants chip van and that these materials are stored on site.

3.3 The objector states that this causes a fire risk, an increased risk of vermin and causes unacceptable odours. The operation as a whole causes unacceptable disturbance, in a residential area, with frequent deliveries to what is a narrow cul-de-sac and that permitting the parking of vans in the garage would encourage the applicant to continue his operations.

4. COMMENTS ON OBJECTIONS

4.1 The objections would appear to relate to the use of the whole site as a commercial enterprise, while this application relates solely to the use of the garage for the parking of chip vans. As such, the issues of public safety and environmental health matters have not been explored, although the objector was advised that he could pursue these matters with the appropriate authorities.

4.2 The issue of residential amenity is a valid concern for the objector to raise. So long as the use of the garage solely for parking of chip vans could be ensured then, by removing the vehicles from view there would be little injury to the amenity of the area but it is achieving this goal which would prove difficult in this instance.

5. OBSERVATIONS ON THE PROPOSAL

5.1 The proposal to be considered is for the parking of chip vans in a double garage to the rear of 3 Southfield Crescent, Shotts. At the current time the parking of any commercial vehicle is contrary to a planning condition and any use of the site for commercial purposes is unauthorised. Since the first complaints about the use of the site the applicant would appear to have great difficulty in complying with the existing planning conditions on the use of his garage and advice that his site should not be used for commercial purposes.

5.2 Despite having a Breach of Condition notice served on him and having been advised not to park commercial vehicles in his driveway my officers noted that a chip van was parked within the driveway area on a number of occasions, The applicant has explained this by asserting that he had been ill and therefore not working and this van was safer off the road where it had been vandalised and where it would be less visible to his neighbours.

5.3 The main issue which must be addressed, and resolved, is whether planning permission could be granted for the parking of chip vans in the garage while ensuring that there are no commercial activities carried out from the garage. This could normally be achieved through the use of a planning condition restriction the use of the garage to the parking of a vehicle only. However to be a valid planning condition it must be enforceable and to be enforceable it must be able to be monitored. 5.4 It is clear from the number of complaints received over the years and the fact that my officers, despite numerous visits to the area, have only recently seen the van parked in the driveway during normal working hours, that the existing conditions and the use of the site has been difficult to monitor and enforce effectively. This has led to commercial operations being carried out in a residential area which would not normally be permitted.

6. CONCLUSIONS AND RECOMMENDATION

6.1 On the basis of the information contained in my report, the ability to effectively control the use of the garage is the primary consideration when assessing the acceptability of this proposal. It is accepted that the garage is sufficiently large to accommodate a chip van. However, I am not sufficiently satisfied that the use of the garage could be limited to non commercial activities. As such the proposed use of the garage has to be regarded as unacceptable.

6.2 In light of this I am of the opinion that this application should be refused. Application No. S/98/00163/FUL Date registered 21 May 1998 APPLICANT NENION SHEARER & MARGARET CREELMAN, 20 KIRK ROAD, SHOTTS Agent James Morrison & CO, Shield Chambers. 156 Station Road, Shotts DEVELOPMENT CHANGE OF USE FROM PUBLIC FOOTPATH TO PRIVATE GARDEN GROUND AND ERECTION OF GARAGE LOCATION LAND ADJACENT TO 20 KIRK ROAD, SHOTTS

Ward No. 20 Grid Reference 287750659900

File Reference S/PL/I3/17/50 (270)/GL/JM

Site History No site history

Development Plan Within a Residential Area on the Shotts Local Plan and the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 2 letters of objection Newspaper Advertisement Not Required

COMMENTS The applicants propose to incorporate a footpath, known as School Street, which runs along the side of their property, into their garden, for the purpose of building a garage on the land. School Street was formerly a road but through the installation of a bollard is now a footpath which is privately owned, although the owners are unknown. There have been objections to this proposal from the Community Council, the Community Centre, on Kirk Road, and a resident of Kirk Road. The footpath would appear to be well used and has been in existence for a long period of time providing a direct link from Station Road to Kirk Road, close to a pedestrian road crossing and a bus stop. As such I find no justification for its closure and incorporation into the applicants garden. Full details of my considerations are contained in the attached report. Calderhead

Sub Sta L

PLANNING APPLICATION No. S I 98 / 00163 / FUL Pmducsd by LANARKSHIRE Plannlng and Development Department CHANGE OF USE FROM PUBLIC FOOTPATH TO PRIVATE Southern Dwlrlon 303 sranaon street GARDEN GROUND AND ERECTION OF GARAGE MOTHERWELL MLl iRS Repmama horn me ordnanw survey mapping Wlh 20 KIRK ROAD, SHOTS. me pm15010n01 the Contmller 01 herMalerlYs Telephone 302100 Far 01698 3021012 A 01695 1 1250 Stationery 0th QCrwrm mpyight unaumonoea repmdwtlon lnmnqei cmwn mpwght OS LlCBnCBLA 09C4lL * Location of Objector and mayleadto DmlBCUtDO D~CIVIIpmceedmqs RECOMMENDATION

Refuse, on the following grounds:-

1. That the closure of School Street would restrict pedestrian access to and from the public buildings, industrial and residential properties on Kirk Road and Gilburn Place, Shotts and would force pedestrians to use alternative routes which are unacceptably long or unsuitable to the detriment of personal amenity and safety.

2. The closure of this footpath represents the closure of a right of way and, as such, is contrary to the aims of Policy L4 of the Finalised Draft Southern Area Local Plan which seeks to maintain and protect the public rights of way within the area.

List of Background Papers

Application Form and Plans registered on 21/8/98 Letter from applicant dated 7/8/98 Shotts Area Local Plan Letter of objection from Mr McFarlane received on 20/2/98 Letter of objection from Shotts Community Council received on 9/6/98 Letter of objection from Shotts Community Education Centre on 5/6/98

Any person wishing to inspect the above background papers should telephone Motherwell 302104 and ask for Mr Laing. APPLICATION S/98/00 163/FUL

REPORT

1. APPLICATION AND PROPOSAL

1.1 The application site is a length of footpath, known as School Street, which runs between Kirk Road and Station Road, Shotts. The path passes between nos. 20 and 22 Kirk Road, Shotts and it is this, 28 metre, length which would be incorporated into the garden ground of the applicant at 22 Kirk Road, under this proposal. The applicant’s ultimate aim is to construct a garage on the site.

1.2 The path begins at Station Road, close to a pedestrian crossing and bus stop and runs north, toward the former school on Kirk Road, which is now operated as a Community Education Centre. It would appear, from the width of the path and its name, that the path was formerly a road, although the presence of a fixed bollard no longer allows vehicular traffic to travel the full length, from Station Road to Kirk Road.

1.3 The footpath is not maintained by the Council and is in private ownership. The applicant has been unable to demonstrate ownership of the path, to ascertain or identify the actual ownership of the path.

2. OBJECTIONS AND COMMENTS

2.1 Three objections have been received, from a resident of Kirk Road, the Community Education Centre and the Community Council on the grounds that:

I - the footpath has existed for a long period of time, possibly over 60 years, and is an established public path;

I1 - the close proximity of the path to a pedestrian crossing and a bus stop, on Station Road, makes it a well used path for people attending the Community Education Centre and the bowling club on Kirk Road and industrial premises at Gilburn Place;

I11 - the only alternative route is an unmade section of Kirk Road which would be dangerous to walk on.

2.2 My comments on these objections are as follows:

I - While the footpath does not appear as public right of way on any list, it is clear, from the individual objections, that the public have used this path for well in excess of 20 years, which is the period for which a path must be used to become a right of way. I therefore consider that this footpath is, by prescription, a public right of way.

I1 - the path does offer the most direct route to Kirk Road from Station Road and is the natural route for anyone using the pedestrian crossing or bus stop and wishing to walk to Kirk Road. I11 - the only alternative pedestrian routes to the Community Education Centre and Gilburn Place from Station Road are via Benhar Road and the publicly maintained section of Kirk Road, a detour of some 400 metres or ?4mile, or a shorter detour of half that distance, over a private section of Kirk Road, which is in a poor state of repair with an uneven surface not suitable for walking on and possibly unusable for the elderly, disabled or those with prams.

3. OBSERVATIONS AND CONCLUSIONS

3.1 It is clear that School Street is a well used public right of way and that to close it fully would require pedestrians to use a much longer and circuitous route to get from Station Road to the public buildings on Kirk Road. The applicants have indicated that they are not prepared to leave a narrower pedestrian route and wish to incorporate the full width of School Street adjacent to their property into their garden ground.

3.2 It is my opinion that the closure of this right of way would not be in the wider public interest and is contrary to Policy L4 of the Finalised Draft Southern Area Local Plan which states “The Council will maintain and Protect the network of Public Rights of Way”. I therefore recommend that planning permission is refused for this proposal. Application No. S/98/00297/FUL Date registered 3 March 1998 APPLICANT CLOWES DEVELOPMENTS (SCOTLAND) LTD, 6 WALKER STREET, EDINBURGH, EH3 7LA Agent McLaren Murdoch and Hamilton, 6 Walker Street, Edinburgh, EH3 7LA DEVELOPMENT CONSTRUCTION OF 7 INDUSTRIAL/WAREHOUSE UNITS (CLASS 4,5 AND 6) LOCATION MELFORD ROAD/JAMES STREET, RIGHEAD INDUSTRIAL ESTATE, BELLSHILL

Ward No. 23 Grid Reference 272098 661314

File Reference S/PL/B/9/112(463)/SP/JM

Site History

Development Plan Bellshill Mossend Local Plan 1985 - Industry Southern Area Local Plan Finalised Draft 1998 - Industry

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water, The Coal Authority Conditions SEPA No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application is for the erection of seven speculative industrial units of varying sizes on two adjacent sites, amounting to 3.8ha, separated by Melford Road within the Righead Industrial Estate, Bellshill. As the units are speculative no information is available on the type of industry proposed or the numbers likely to be employed within each unit. However the proposal represents a significant investment and employment opportunity in the Bellshill area. I recommend that permission be granted subject to the undernoted 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 development hereby permitted starts, full details of the design and location of all fences and walls including retaining 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.

3. That before the development hereby permitted is completed, occupied or brought into use, all the fences, or walls, as approved under the terms of condition (2) above, shall be erected.

Reason: In the interests of amenity.

4. That before the development hereby permitted starts, full details and/or samples 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 modificatioiis as may be required.

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

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

6. That within one year of the completion of the industrial units 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 are removed, damaged or become diseased, within 2 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

7. 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 area.

8. 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 in detail.

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

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

10. That the road and access serving units, A, Al, A2 and A3 shall be designed to comply 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 public safety.

11. That notwithstanding condition (10) above, the geometry of the roundabout serving units A, A1 and A2 shall be designed to comply with the Design Manual for Roads and Bridges Volume 6 Section 2.

Reason: In the interests of road safety.

12. That notwithstanding condition (10) and (11) above, a visibility splay of 4.5 in x 60m, measured from the road channel, shall be provided to the right of the vehicular access from Unit A and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above 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 public safety

13. That the surface water drainage system for the development site shall incorporate petrol/oil interceptors to the requirements of the Scottish Environment Protection Agency and to the satisfaction of the Planning Authority. Reason: To minimise the potential for pollution of the adjacent natural water courses in the interests of amenity and conservation.

List of Background Papers

Application form and plans dated 2/3/98 Letter from McLaren Murdoch & Hamilton dated 10/6/98 Letter from McLaren Murdoch & Hamilton dated 26/6/98 Letter from McLaren Murdoch & Hamilton dated 28/7/98 Letter from McLaren Murdoch & Hamilton dated 6/8/98 Bellshill & Mossend Local Plan 1985 Southern Area Local Plan (Finalised Draft) 1998 Letter from The Coal Authority dated 13/3/98 Letter from West of Scotland Water dated 23/3/98 Letter from SEPA dated 27/4/98 Memo from Head of Parks and Amenity NLC, dated 2/4/98 Memo from Transportation Team Manager NLC, dated 20/3/98 Memo from Transportation Team Manager NLC, dated 6/7/98 Memo from Transportation Team Manager NLC, dated 12/8/98

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Miss Penman. APPLICATION No. S/98/00297/FUL

REPORT

1.o DESCRIPTION OF SITE AND PROPOSAL

1.1 The application site extends to approximately 3.8 hectares (9.38 acres) or thereby and is divided by Melford Road within the Righead Industrial area. The site is bounded to the north by the Safeway development, by James Street to the east, Scania to the south and Scottish Newcastle Brewers to the west.

1.2 Clowes Development Ltd propose to erect 4 industrial units on the site on the western side of Melford Road. The units vary in size and comprise a unit of 2808m2 (30 200ftz), a unit of 1392m2(15 OOOftz) a unit of 1128m2 (12000ft2)and a unit of 930m2 (10 OOOftz). The developers proposed to erect three industrial units on the site to the east of Melford Road, two of these units are 1860m2(20 OOOft2) and the third is 1008m2 (10 S50ft2). Both sites have been subdivided to provide each building with its own service yard and parking area.

1.3 The development is speculative and, therefore, no information is currently available on the types of industrial/distribution use or the number of jobs to be created.

2.0 DEVELOPMENT PLAN

2.1 The proposal is in accordance with the Bellshill and Mossend Local Plan, adopted in 1985 and the Southern Area Local Plan (finalised draft), 1998, both of which identify the site for industrial development.

3 .O REPRESENTATIONS AND CONSULTATIONS

3.1 No letters of objections have been received from neighbouring properties.

3.2 West of Scotland Water has no objections to the proposal. SEPA has no objection subject to conditions.

3.3 The Coal Authority has no objections and advises that the proposal is unlikely to be affected by previous coal workings.

4.0 PLANNING ASSESSMENT AND CONCLUSIONS

4.1 The site proposed for development lies within the well established Righead Industrial Estate. The design of the buildings, while not of any particular architectural merit, is considered to be compatiable with adjacent buildings.

4.2 Given the existing problems of on-street parking and traffic congestion within the Righead Industrial Estate it is essential that any new development does not exacerbate these problems. Consequently the proposals have been modified, following lengthy discussions with the applicant, in an attempt to achieve satisfactory access, parking and servicing arrangements. While the applicant has not achieved all of the criteria set down by the design guidelines for roads and access, I am satisfied that by attaching appropriate conditions, as outlined earlier in this report, the majority of these requirements can be met by the developer.

4.3 On balance the speculative units proposed by Clowes Developments Ltd, represent a significant investment and employment opportunity in the Bellshill Area and are to be welcomed. I recommend, therefore, that permission be granted subject to the noted conditions. Application No. s/98/00534/FuL Date registered 7 April 1998 APPLICANT MODERN HOUSING LTD., 505 MERRY STREET, MOTHERWELL ML14DA Agent J Kerr McDougall, Unit 27, Industrial Estate, Motherwell ML1 4UL DEVELOPMENT CHANGE OF USE OF GARAGE TO FORM 8 FLATTED DWELLINGS LOCATION SHIELDMUIR STREETILADYSMITH STREET, WISHAW

Ward No. 6 Grid Reference 277520655620

File Reference SIPL/B/11/16/JL/AB

Site History No Site History

Development Plan Zoned as Residential on North Lanarkshire Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning consent for the change of use of a garage to form 8 flatted dwellings at Shieldmuir StreetlLadysmith Street, Craigneuk, Motherwell. The building is two storey to the front reducing to one storey along Ladysmith Street and has lain in a vacant state since December 1997. The stand alone building to the rear is of single storey design. The conversion of the commercial premises into flats will certainly enhance the building’s appearance and bring a redundant building back into productive use. The applicant has indicated that he will obtain grant funding for the project and that the stand alone single storey building to the rear will provide special needs accommodation. No objections have been received and I therefore recommend that planning consent is granted. Produced by Planning Application No. S/98/00534/FUL Planning and Development Deplltment

Sournem303 Brandon Division Street Change of Use of Garage to Form 8 Flatted Dwellings MOTHERWELL MLI IRS Shieldmuir Street/ Ladysmith Street Reproduoed from ths Ordnance Survey mapping wkh the permission 01 the C~nti~llerof her Majesty 8 A crown sopyrlght Telephone 01695302100 Fax 01698 3021012 statlanewomce m Wishaw 11250 Unaulhoriaed reproduction lnfrlnger Crown copylight OS Licmce LA09041L and may lead to piosecution or civil proceedings RECOMMENDATION Grant, 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.

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 in detail.

3. 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 2 above, shall be erected.

Reason: To safeguard the amenity of future residents.

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

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

5. 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 level.

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

6. 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 satisfactory vehicular and pedestrian access facilities to the dwellings.

7 That before the development hereby permitted starts, full details and/or samples 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 List of Background Papers

Application Form and Plans dated 7/4/98 Letter and Amended plans dated 10/7/98 from Agent North Lanarkshire Southern Area Local Plan Finalised Draft Memo from NLC Environmental Services dated 9/6/98

Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Mr Lennon. Application No. S/98/00576/FUL Date registered 5 May 1998 APPLICANT POST OFFICE PROPERTY HOLDINGS C/O JOHN HOWARD, 29 WELLINGTON, LEEDS LS1 1DA Agent Thompson Dawes, 21 Portland Road, Kilmarnock KA1 2BT DEVELOPMENT CHANGE OF USE AND ALTERATIONS TO FORMER INDUSTRIAL UNIT TO FORM ROYAL MAIL DELIVERY OFFICE LOCATION 53 ROBERT STREET, WISHAW ML2 7JF

Ward No. 8 Grid Reference NS 279470-655380

File Reference S/PL/B/10/21 (72)/CP/AB

Site History 1. Planning permission for alterations and extensions to factory granted 22/9/88 (Ref. 56/88) 2. Planning permission for partial demolition and extension to factory to form retail supermarket refused 7/7/93 (Ref. 5 17/93) 3. Appeal upheld by Secretary of State for planning permission to form supermarket at above site on 26/4/94.

Development Plan Site Identified with Development Potential on Finalised Draft Southern Area Local Plan

Contrary to Development Plan NO

CONSULTATIONS

Objection No Objection Conditions NLC Environmental Services No Reply

REPRESENTATIONS

Neighbours 2 letters and 1 petition (6 signatures) Newspaper Advertisement Not Required

COMMENTS This application relates to the proposed change of use and alterations to a former industrial unit at Robert Street to a Royal Mail Delivery Office.

The application site is situated within Wishaw Town Centre, as identified in the Finalised Wishaw Local Plan and Finalised Southern Area Local Plan.

Planning permission was granted on appeal for the conversion and extension of the existing building to form a retail supermarket. However, this consent has not been implemented. Planning Application No. S/98/00576/FUL Proposed Alterations to Existing Building to form Delivery Office for Royal Mail 53 Roberts Street, Wishaw A Location of Objectors 1:1250 Location of Petitioners Two letters of objection, one of which is accompanied by a petition, signed by six neighbouring residents, has been received, in relation to this application.

My observations on the details of this application, the grounds of objection and my observations thereon, are included in the accompanying report. Notwithstanding the concerns of the objectors, I hereby recommend that planning consent is 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 a scheme for the provision of an acoustic wall or fence to be erected on all site boundaries shall be submitted to and approved by the Planning Authority, prior to the commencement of any works associated with use hereby approved.

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

3. That before the use hereby approved commences, the fences or walls approved under the terms of condition no. 2 above, shall be provided in accordance with the approved plans.

Reason: To safeguard the amenity of the 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 in the course of development (d) details of the phasing of these works.

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

5. That within one year of the occupation of the building hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

6. That the premises shall be used as a post office delivery office and for no other purposes (including any other purpose in Class 6 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To safeguard the amenity of the area and to define the use of the site.

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

Reason: To enable vehicles to enter and leave the site in forward gear at all times. To ensure the provision of adequate parking facilities within the site.

8. That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be maintained 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 public safety.

9. That the line of the boundary fencing approved under the terms of condition nos. 2 and 3 above, shall be designed to take account of the visibility splay requirements, as specified under the terms of condition no. 8 above.

Reason: In the interests of public safety.

10. That notwithstanding the approved plans, a scheme for the widening of the corner radii at the entrance to the site on Kitchener Street, in accordance with the specifications of the Roads Authority, and as described in the Roads Guidelines published by this Authority shall be submitted to and approved by the Planning Authority.

Reason: In the interests of public safety.

11. That notwithstanding the approved plans, a scheme for the provision of a pedestrian access to the site from Kitchener Street, shall be submitted to and approved by the Planning Authority, prior to the commencement of the use hereby approved. Reason: In the interests of pedestrian safety.

12. That before the development hereby permitted is completed or brought into use, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans as amended by the details approved under the terms of condition nos. 10 and 11 above.

Reason: In the interests of public safety.

13. That the entrance gates to the site on Kitchener Street, shall be kept open at all times, throughout the hours of operation hereby approved.

Reason: In the interests of traffic safety.

14. That the hours of operation at the premises shall not exceed those specified in the letter from Thompson Dawes dated 21st April 1998, namely 0400 hours to not later than 1800 hours Monday to Saturday with no Sunday working without the further written approval of the Planning Authority.

Reason: To safeguard the amenity of the area.

15. That reverse bleepers shall not be utilised at any time on any vehicles entering or leaving the premises, in accordance with the details specified in the letter from Thompson Dawes dated 22 June 1998.

Reason: To safeguard the residential amenity of the area.

List of Background Papers

Application form and plans dated 5/5/98 Letter dated 2 1/4/98 from agent Letter dated 22/5/98 from site owner Letter dated 22/6/98 and enclosures, from agent Noise Impact Assessment Report dated April 1998, prepared by National Design Consultancy North Lanarkshire Southern Area Local Plan, Finalised Draft Memo dated 10/6/98 from Head of Protective Services, NLC Environmental Services Department Letter dated 1/5/98 from Alice Henderson, Acting Unit Manager, Belhaven House, Wishaw ML2 7JA Letter dated 12/6/98 from Area Manager, NLC Social Work Department Letter dated 30/4/98 from D Campbell, 26 Robert Street, Wishaw Any person wishing to inspect the above background papers should telephone Motherwell 302 138 and ask for C Parkes. APPLICATION NO. S/98/00576/FUL

REPORT

1. Application Site and Proposals

1.1 The application site, which is occupied by a vacant industrial unit, lies on the north side of Robert Street, in Wishaw Town Centre. The site is bounded by an elderly person’s home to the west, by residential properties on Kitchener Street, to the north and by offices and further residential properties to the south, on the opposite side of Roberts Street. The land to the east of the site is occupied by a dairy. Planning permission has also been granted for two dwellinghouses one of which has been built, on land to the east of the site.

1.2 The proposal relates to the conversion of the existing building to form a Royal Mail Delivery Office. The roof and upper walls of the building are to be resurfaced with composite panel cladding. A loading area is to be provided at the front of the building on Kitchener Street, and parking facilities are to be provided at the front and rear.

2. Consultations

2.1 The Head of Protective Services at NLC Environmental Services Department comments as follows:-

- all loading and unloading of delivery vans shall only be carried out under cover of the loading area - no vehicles fitted with reversing bleepers shall operate on site without prior written approval of the Planning Authority - no site operations shall commence until an acceptable acoustic barrier has been constructed to the satisfaction of the Planning Authority.

3. Representations

3.1 Two letters of representation, one of which is accompanied by a petition with six signatures, have been received in relation to this application. The petition has been signed by neighbouring residents who object to the proposed change of use on road safety grounds. One letter has also been received from the manager of the neighbouring elderly person’s home. The manager is concerned about the likely volume of traffic using the site and the possible implications on road safety in the area. She is also concerned about the possible level of noise generated from the proposed depot due to traffic generation and general working operations.

3.2 A letter has also been received from the Area Manager of NLC Social Work Department who has also written on behalf of the occupants of the neighbouring residential home. Concern has been expressed regarding the levels of possible noise and disturbance likely to be generated by early morning activities, carried out at the proposed depot. The Manager has requested that the results of the noise assessment report, submitted to the Environmental Services Department, are taken fully into consideration in the determination of this application. 4. Planning Observations

4.1 The application site is included within the town centre area in the North Lanarkshire Southern Area Local Plan, Finalised Draft. The building has planning permission for its conversion to a supermarket, although this consent has not been implemented.

4.2 There are a variety of land uses in the surrounding area, which lies on the edge of the town centre. These include both private residential properties, a home for the elderly and various commercial premises (as referred to in para 1.1 above). It is noted that the application site was previously used for industrial purposes and has planning permission for a supermarket. The proposed use would thus appear to conform in general terms, with the existing character of this mixed use area. There are however, two principle areas of concern relating to the proposed site operations, which require to be given detailed consideration in the determination of this application. These relate to both the proposed traffic circulation within the site and the hours of operation.

4.3 With regard to traffic circulation, the applicant advises that approximately 12 commercial vehicles would visit the site each day for delivery purposes. It is noted from the submitted plans, that there would be insufficient space available within the proposed forecourt, for the parking and turning of heavy goods vehicles. The applicant has however, written to advise that only light goods vehicles would be utilised for delivery purposes. I am satisfied that these vehicles could be accommodated safely within the proposed parking and servicing areas, with only minor alterations required, at the site entrance on Kitchener Street. Such alterations could be secured through the use of planning conditions on any relevant planning approval.

4.4 The other area of concern relates to the proposed hours of operation at the premises and the potential this could create for noise and disturbance in the locality. As further indicated in paragraph 4.2 above, the application site has been in use as an industrial unit and has planning permission for use as a supermarket. Both of these uses have the potential to create a considerable amount of noise and disturbance in the surrounding area. The proposed premises are to be opened each morning at 4 am (from Monday to Saturday), when the first delivery vehicles would arrive at the site. It is noted that the existing dairy to the east of the site also commences operations relatively early, although not generally before 6 am. It is thus the impact of the proposed operations on neighbouring residential properties, during the early morning hours, particularly between 4 and 6 am, which gives most cause for concern, in the determination of this application.

4.5 The applicant has submitted an acoustic survey, at the request of the Environmental Services Department, in order to estimate the impact of the proposed operations on the amenity of the surrounding area. A summary on the findings of this survey, concludes that complaints would be likely from neighbouring residents, in relation to noise disturbance, if no sound barriers are installed at the premises. If sound barriers are installed, the report concludes the levels of disturbance should be reduced to such an extent that complaints would be unlikely. The report also indicates, however, that the effect of operations on the closest properties i.e. dwellings on Kitchener Street and the neighbouring residential home, would remain marginal in relation to the relevant British Standard specification. The report therefore recommends that a 3.5 metre high, close boarded fence is installed on the boundary of the site, in order to minimise noise disturbance. The applicant has agreed to this fence being upgraded to a brick wall on the boundary with the elderly persons’ home and on that basis would accept conditions to that effect. 4.6 The Environmental Services Department has taken its own background noise readings, in order to evaluate the results provided in the consultant’s report. Environmental Services are satisfied that the specialist report adequately covers the issue of noise disturbance and agrees with the report’s recommendations relating to the provision of an acoustic barrier.

5. Conclusions

5.1 The proposed change of use is considered in keeping with the general character of this mixed use area and the development plan policies for this site.

5.2 It is considered that only minor alterations are required to the design of the site entrance, to ensure that traffic enters and leaves the site in a safe manner. I am satisfied that these alterations may be secured through the imposition of appropriate conditions on any relevant planning consent.

5.3 In terms of the proposed early hours of operation, I am satisfied that the proposed change of use should not result in unacceptable levels of noise disturbance in the area, providing that the recommendations of the accoustic consultants, as endorsed by the Council’s Environmental Services Department are adherred to correctly. It is considered that the measures recommended to minimise noise emmissions, may be imposed, through the use of appropriate planning conditions.

5.4 I am therefore satisfied that this application should be approved, subject to the relevant planning conditions. Application No. S/98/00739/FUL Date registered 3 June 1998 APPLICANT MR JAMIL DIN, 44 CAMBUSNETHAN STREET, WISHAW Agent Mr Rayinond Angus, John S Angus Associates, 7 Victoria Place, Airdrie ML6 9BU DEVELOPMENT PROPOSED CHANGE OF USE FROM SHOP TO HOT FOOD TAKE AWAY LOCATION 42 CAMBUSNETHAN STREET, CAMBUSNETHAN, WISHAW

Ward No. 9 Grid Reference 280840655440

File Reference S/PL/B/3/7/JL/AB

Site History Planning consent was refused on 7/7/93 for change of use of Baker’s Shop to Hot Food Take Away (74193)

Development Plan Residential on North Lanarkshire Council Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Petition of support with 56 signatories 4 letters of objection Newspaper Advertisement No Response

COMMENTS The applicant seeks consent for the change of use of shop to hot food take away at 42 Cambusnethan Street, Cambusnethan, Wishaw. The proposal is considered unacceptable on highway safety grounds in that the development will lead to on street parking problems along a busy stretch of road. 4 letters of objection have also been received along with a petition of support which includes 56 signatures. My observations on this application are included in the accompanying report. 4__I- __-- .--

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Moss Cottage

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're- by Planning Application No. S/98/00739/FUL ,bmbg and DenbmntD.p.rtmmt EEKs"lRE t0uh.m Dr4.lO" Change of Use from Shop to Hot Food Take Away 9 a, s~nd~nsmt .- COUNCIL MOTHERWELL 42 Cambusnethan Street MLl 1RS ~epd~dfmm rn ahna Summm a rn pmwndrncO~dkryJ..nl 1 I~l~pkon018S53021WFa 0169881012 Wishaw .A.*Cm RECOMMENDATION Refuse, on the following grounds:-

1. That the proposed development would adversely affect the residential amenities of the neighbouring residential properties in that it would lead to an increased disturbance in the vicinity of the site by way of noise, litter, fumes and general activity.

2. That the proposed development would encourage on-street parking in the immediate vicinity of the application site to the detriment of public safety.

List of Background Papers

Application Form and Plans dated 3/6/98 Petition of support received on 3/6/98 Letter of objection dated 12/6/98 from Miss D McMahon Letter of objection dated 6/6/98 from Mr J McMahon Letter of objection dated 14/6/98 from Mr & Mrs R Anderson Letters of objection received 2/7/98 and 4/8/98 from Mrs J Baird

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon. APPLICATION NO. S/98/00739/FUL

REPORT

1. Site and Proposal

1.1 This application relates to the change of use of a shop to a hot food carry out at 42 Cambusnethan Street, Wishaw.

1.2 The site is part of a two storey building owned by the applicant, with the remainder of the building consisting of a shop on the ground floor and two flats above.

1.3 The site is presently allocated for residential purposes on the North Lanarkshire Southern Area Local Plan Finalised Draft.

2. Background Information

2.1 The applicant applied for a similar consent in 1993 but was refused for the same reasons as the current proposal i.e. detrimental affect on the amenity of neighbouring residential properties and the likelihood of on-street parking on a busy road to the detriment of public safety.

2.2 The current proposal differs from the previous refusal in that the applicant has indicated car parking to the rear via a 3.5 metre (approx.) wide access along the eastern gable of the building.

2.3 The applicant has stated that the project will involve new hard landscaping together with parking and pick up areas located to the rear that will, in the applicants opinion, dramatically enhance the rear area of these premises. The point was also made that the facility will also provide a benefit to the local community as the previous nearby hot-food take away has recently closed.

3. Representations and Observations

3.1 Four letters of objection were received objecting to the proposal on various grounds including; the probability that customers will not utilise the car park to the rear; the access thereto is substandard; the signatories to the supporting petition are mostly not neighbouring properties; existing bus stop is already notorious as a meeting place for youths and granting a hot food shop would only exacerbate the situation; proximity of premises to residential properties would cause nuisance due to fumes.

3.2 A petition with 56 signatures of support has been received. The petition simply asked the Council to approve the application.

3.3 The objections raised against this application involve both planning and environmental health related issues. Concerns about traffic and pedestrian safety is, I consider, the greatest factor in determining the application. The parking indicated on the application to the rear of the premises is unlikely, in my opinion to be used which will inevitably lead to on-street parking. The access leading thereto is also substandard being only approximately 3.5 metres wide as opposed to the required 5.5 metre to allow the passage of two way traffic. As there is a bus stop immediately adjacent to the site and the road bends nearby, I believe that any additional on-street parking would unacceptably contribute to the safety risk experienced by the public. 3.4 The problems associated with litter and odour are related to Environmental Health legislation however, these matters are, I consider, relevant in any planning assessment of these proposals and accept that they will be problematic in this case.

4. Conclusion

4.1 It is my view that the proposed use would be unacceptable due to the probable increase in on- street parking on a busy ‘A’ class road adjacent to a bus stop. The development would also have a detrimental affect on residential amenity with the introduction of a late hours activity immediately adjacent to existing residential properties. I therefore recommend that planning permission be refused. Application No. S/98/0083O/FUL Date registered 17th June 1998 APPLICANT MR DAVID KIRKWOOD, 7 THORNLIE GILL, WISHAW, ML2 SAX Agent Ascot Design Company, 125 Ledard Road, Glasgow, G42 9QZ DEVELOPMENT CONSTRUCTION OF LICENCED BETTING OFFICE LOCATION ADJACENT TO THE CASCADE BAR, COLTNESS ROAD, WISHAW, LANARKSHIRE, ML2 7EJ

Ward No. 10 Grid Reference 280150 656869 File Reference S/PL/B/4/6(89)/JL/AB

Site History No Applications of Relevance

Development Plan Zoned as Residential on North Lanarkshire Southern Area Local Plan Finalised Draft

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks consent for the construction of a licensed betting office at land adjacent to the Cascade Bar, Coltness Road, Wishaw. The building amounts to some 137 in2, is of single storey design and is accessed via a side door entrance on the northern elevation which fronts onto the Cascade bar, with pedestrian access to Minto Park. No objections have been received from either consultees, notified neighbours or via the newspaper advertisement. Given that there is adequate parking facilities within close proximity to the development and that the proposal meets all other relevant planning criteria, I recommend that planning consent is granted subject 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. Planning Application N0. S/98/00830/FU L Produced by LANARKSHIRE PlanningSOUmern and0 “IP10. Development Depanmsnt Construction of Licensed Betting Office 303 Brandon Street MOTHERWELL MLI 1RS Land Adjacent to the Cascade Bar Reproduced from the Ordnance Survey mapping WLh A the pmlsnlon of the Contmller of her MalerYS Telephone 01695302100 FIX 01698 3021012 1 1250 Stationery Office B Crown copyllght Coltness Road Unauthorised repioduCtiOnldrhges Crown copyright OS License LA 09041L Wishaw and may lead10 prosecullon olclvll pioceedlngs Reason: To accord with tlie provisions of tlie Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, full details and/or samples 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.

List of Background Papers

Application form and plans received 9th June 1998 North Lanarkshire Southern Area Local Plan Finalised Draft

Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Mr Lennon. Application No. S/9 8/00 8 83lFUL Date registered 23 June 1998 APPLICANT BRIAN NEILL, 15 BENHAR ROAD, SHOTTS Agent Stewart Fowler, 53 Wardlaw Street, Coalnaughton, Clackmannanshire DEVELOPMENT DEMOLITION OF FORMER PUBLIC HOUSE AND ERECTION OF 12 FLATS LOCATION MUCKY DUCK BAR, 1 GLEN ROAD, SHOTTS

Ward No. 17 Grid Reference 287900659688

File Reference S/PL/B/17/58(32l)/GL/JM

Site History No significant site history

Development Plan Mixed Use on the Shotts Local Plan Village, Neighbourhood and Secondary Commercial Area on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection SEPA, West of Scotland Water, The Coal Authority, NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This proposal involves the demolition of the now disused, ‘Mucky Duck’, public house at the corner of Glen Road and Station Road, Shotts, and the erection of a 3 storey block comprising 12 flats. The site occupies a prominent position at a major road junction in Shotts. The design of the new building reflects this and will use architectural features and decorative brickwork to ensure that the quality of the building is suitable for its position. I have no objections to this proposal and there have been no objectioiis from any consultees and I recommend that planning consent is granted for this proposal.

RECOMMENDATION

Grant, subject to the following conditions:- I

Produced by PLANNING APPLICATION No. S 198 100883 I FUL Plsnnlng and DeuelOpmenl DBDmtmenl Southern D~villm 303MOTHERWELL Blendon Slreel DEMOLITION OF PUBLIC HOUSE AND MLI 1RS ERECTION OF 12 FLATS A Telephone 01595 302100 Fm 015983021012 1:1250 OS Licence LA O9MlL MUCKY DUCK BAR, GLEN ROAD I STATION ROAD, SHOTTS. 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 in detail.

3. That before the development hereby permitted is completed, occupied or brought into use, all the fences, or walls, as approved under the terms of condition 2 above, shall be erected.

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

4. That before the development hereby permitted starts, full details and/or samples 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.

5. That before the development hereby permitted starts full elevational drawings detailing the brick sills, soldier or string courses to be featured on the building, as illustrated on the photograph docketed with the plans hereby approved, and including the chimney feature on the north elevation, 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.

6. 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 amenity. 7. That within one year of the occupation of the dwellinghouses hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 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.

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

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

9. That before the development hereby permitted is occupied, a 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 public safety.

List of Background Papers

Application form and plans registered on 23 June 1998 Amended plans received on 21/8/98 Shotts Local Plan, Finalised Draft Southern Area Local Plan Letter from SEPA received on 30 July 1998 Memo from NLC Environmental Services received on 15 July 1998 Letter from The Coal Authority received on 14 July 1998 Letter from West of Scotland Water received on 8 July 1998

Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for Mr Laing. APPLICATION No. S/9 8/00 8 83/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is the now disused Mucky Duck public house located at the corner of Glen Road and Station Road, Shotts. To the east of the site as an area of open space maintained by the Council, to the north east of the site is the new Health Centre and Works Corner, to the west are residential properties on Glen Road and to the south is the former cinema and bingo hall which is currently used for manufacturing.

1.2 The proposal is to demolish the former public house and erect a 3 storey block of 12 flats (6 two bed and 6 one bed), fronting onto Station Road, with a vehicle access from Station Road to a rear parking area and a footpath from Glen Road to the rear of the block, from where access to the flats would be gained.

1.3 The block will be set back from Station Road and the frontage will incorporate bay windows and courses of decorative brick to add interest and colour to the streetscene. As the building will be angled away from Station Road and as the road rises towards the former cinema, the south facing gable of the building will only be partially visible from the street, however, the north facing gable will be visible for long distances from Works Corner, Benhar Road and Station Road. The applicant proposes to use decorative brickwork to create a feature on the corner of the building which should appear as a representation of the brick chimney at Works Corner.

2. CONSULTATIONS

2.1 There have been no objections raised by any of the bodies consulted during consideration of this application and no problems would appear to exist with the ground conditions or servicing of the site.

3. OBSERVATIONS AND CONCLUSIONS

3.1 This site is located within a mixed use area identified in the Shotts Local Plan and a village, neighbourhood and secondary commercial area in the Finalised Draft Southern Area Local Plan. These policies aim to protect and enhance the mix of uses found in such areas but do not preclude the development of housing if no alternative commercial use is proposed, as in this case.

3.2 The primary consideration in assessing this application is the acceptability of the scale and design of the proposed building on such a prominent site within Shotts. The site is probably one of the lowest lying areas of Shotts, from which Benhar Road and Station Road rise. When viewed from the north the site is framed against the former cinema which rises in height as Station Road rises. Views from the south frame the site against the wall at Works Corner and the buildings on High Street which are above the level of Glen Road. When viewed from the west, the site is framed against an area of open space which rises sharply towards Stane. 3.3 The scale of a three storey block is not, therefore, out of keeping with the built environment and natural landforms in the area and, indeed, such a building will provide architectural punctuation at a busy road junction in the town.

3.4 The building design is also such that it will add colour and interest to the streetscape. As outlined in paragraph 1.3 above the use of bay windows and coloured brick sills and courses along the front elevation will achieve these aims, with the brick courses continuing along the rear of the block and around the rear portion of each gable. The use of a hipped roof design helps to break up the bulk of the building. The use of decorative brick to add the chimney feature to the north facing gable not only provides a striking architectural feature but, through representing an existing feature in Shotts, sets the new building firmly in context with some of its historic surroundings.

3.5 In light of my comments above and as this is an opportunity to replace a now unattractive, disused building with a striking new development, it is my recommendation that permission is granted for this proposal. Application No. Sl98100908lFUL Date registered 13th July 1998 APPLICANT T.O.M. LTD, SOUTHBURN ROAD, AIRDRIE, ML6 9AD Agent Jim Baird, JBF Design, 153 Union Street, Larkhall, ML9 1EB DEVELOPMENT CONSTRUCTION OF MOT, TYRE AND EXHAUST CENTRE LOCATION 560 MAIN STREET, BELLSHILL

Ward No. 28 Grid Reference 274400660321

File Reference SlPLlB/7/58(78)/WLS/JM

Site History Site currently vacant following fire in May 1998 which destroyed building. Most recently used as MOT centre, previously car sales.

Development Plan Commercial (Bellshill & Mossend Local Plan) Commercial (Southern Area Local Plan Finalised Draft) Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Housing; Coal Authority; West of Scotland Water; Fire Brigade; NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours 1 petition with 8 signatures Newspaper Advertisement Not Required

COMMENTS This application seeks consent for the construction of a new MOT, Tyre and Exhaust Centre at Main Street, Mossend, adjacent to Calder Road. The site was formerly occupied by a similar use, using an older converted building, but a fire earlier this year required that building to be demolished.

The proposed development involves the provision of a new building to the rear of the site to provide 3 tyrelexhaust bays, an MOT bay and offices. Access would be taken from an improved access off Main Street, and 14 car parking spaces have been shown on the plans submitted. The applicants have indicated that there will be seven employees, and proposed hours of opening of 8am - 8 pm, Monday to Thursday, 8am - 5 pm, Friday, 8 am - 4 pm Saturday and 9am - 3pm Sunday; subsequent discussions modified the Sunday hours to 10 am - 4pm. 1Y lnJ/80600/86/S 'ON NOllKllddb' 3NINNWd

iH One letter of objection, signed by eight residents of the adjoining block of flats, was received.

Further details of the proposal, and the objection, are contained in the accompanying report.

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 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.

3. That before the development hereby permitted is completed, occupied or brought into use, all the fences, or walls, as approved under the terms of condition above, shall be erected.

Reason: In the interests of amenity.

4. That before the development hereby permitted starts, full details and/or samples 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.

5. That before the development hereby permitted starts, a scheme of landscaping, for the area hatched Green 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 shrub planting, incorporating details of the location, number, variety and size of shrubs to be planted.

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

6. That within one year of the occupation of the MOT, Tyre and Exhaust Centre hereby permitted, all planting included in the scheme of landscaping and planting approved under the terms of condition 5 above, shall be completed and any shrubs which die, are removed, damaged, or become diseased, within 5 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.

7. That the opening hours of the premises hereby granted planning permission shall be limited to between 8 am and 8 pm Monday - Thursday, 8 am and 5 pm on Friday, 8 am and 4 pm on Saturday, and 1Oam and 4 pm on Sunday

Reason: To safeguard the amenity of the area.

8. That, notwithstanding the generality of condition (7) above, all deliveries to the premises shall take place during the opening hours specified in that condition.

Reason: To safeguard the amenity of the area.

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

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

10. That before the development hereby permitted is completed or brought into use, the new vehicular access shall be constructed as a 7.3 metre wide dropped kerb access, as shown on the approved plans.

Reason: In the interests of road safety.

11. That before the development hereby permitted is completed or brought into use, the existing junction boxes located within the area of the proposed access shall be relocated.

Reason: In the interests of road safety.

12. That a visibility splay of 2.5 metres by 120 metres, measured from the road channel, shall be provided to the right of the vehicular access, and a visibility splay of 2.5 metres to the roundabout to the left, 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 public safety. 13. That, notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the use of the site shall be limited to the following purposes:-

a) the fitting or repair of inner tubes and tyres in motor vehicles, the fitting or repair of exhausts on motor vehicles, the carrying out of M.O.T. testing and

b) other routine works, or maintenance, on vehicles brought to the premises for those purposes, but excluding:-

(i) the making of any article or part of an article, or the altering, repairing, ornamenting, finishing, cleaning, washing, packing, causing, or adapting for sale, or breaking up, or demolition of any article, except so far as may be relevant to the routine works of maintenance referred to above; (ii) panel beating; (iii) spray painting; (iv) the storage of vehicles, or any other article, at any time outside the building permitted on the site.

Reason: To define the permission.

14. That, notwithstanding the restrictions imposed by condition 13 above, there shall be no sale of vehicles, or display of vehicles for sale, within the site.

Reason: To define the permission.

15. That no tyres or exhausts shall be stored outwith the building hereby approved.

Reason: In the interests of amenity.

16. That the part of the building identified as "Parts Storage" shall be used only for the purpose, and shall not be used as a tyre and exhaust fitting or repair bay.

Reason: To ensure the provision of adequate parking facilities within the site and to enable the Planning Authority to retain effective control.

17. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts or projecting signs shall be erected on the premises without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control. List of Background Papers

Application form and Plans Letter dated 28 July 1998 from JBF Design Bellshill and Mossend Local Plan Southern Area Local Plan Finalised Draft Memo from Bellshill Area Housing Manager dated 22 July 1998 Memo from Head of Protective Services dated 2 1 August 1998 Letter dated 30 July 1998 from The Coal Authority Letter dated 30 July 1998 from West of Scotland Water Letter dated 10 August 1998 from Transportation Team Manager Letter dated 4 August 1998 from Strathclyde Fire Brigade Petition of objection, dated 25 June 1998, from tenants of 11-25 Calder Road Letter dated 14 July 1998 from Councillor K. McKeown

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Mr Stevenson. APPLICATION S/98/00908/FUL

REPORT

1. PROPOSAL AND SITE

1.1 This application is for the construction of an MOT, Tyre and Exhaust Centre on a site at Mossend Cross, Bellshill. The site is now cleared, but until recently contained an MOT garage which was damaged by fire in May 1998 and subsequently demolished; previously, a car sales business operated from the site.

1.2 The site is located at the junction of Main Street and Calder Road, Mossend, accessed off Main Street. The site is surrounded on three sides by mature hedges and trees, and a three storey block of flats is located approximately 6 metres to the south.

1.3 The proposal involves the construction of single storey building (with a two storey office element) to provide 3 tyre/exhaust bays, one MOT Testing bay and a parts storage area. The building which will be located to the rear of the site, will be finished partly in facing brick and partly in metal cladding. A car park area will be provided to the front of the building.

1.4 The applicants indicated their intention to operate seven days a week, from 8 am to 8 pm Monday to Thursday, 8 am to 5 pm Friday, 8 am to 4 pm Saturday and 9 am to 3 pm Sunday, although the Sunday hours have been modified to 10 am - 4pm, following advice from Environmental Services.

2. CONSULTATIONS AND OBJECTIONS RECEIVED

2.1 No objections were received from any of the consultees, who included the Fire Brigade. The Head of Protective Services recommended that details of the opening hours be obtained, and suggested modifying the proposed Sunday hours.

2.2 One letter of objection was received, signed by 8 residents of the block of flats to the south of the site. This objection raised the point that the recent fire was very dangerous and very near the flats, and that the proposed development was too close to the flats.

3. OBSERVATIONS

3.1 Two issues arise which require specific consideration. The first is the concern of the objectors regarding the proximity of the building to the flats. While I appreciate their concerns over safety, following the recent fire, neither the Fire Brigade nor Environmental Services raised any objections, and the Building Warrant procedure will ensure that all the relevant fire safety matters are complied with.

3.2 Noise should also not be a major issue, since all the activities will be carried on within the building, and the part of the flats closest to the site contains no windows.

3.3 The second issue is that of parking within the site. A total of 14 parking spaces have been shown on the plans submitted, although one of those appears difficult to use, while another appears to interfere with the forward visibility at the roundabout. It has not been possible to rearrange the site’s layout to improve the parking and so the matter of whether or not this deficiency is sufficient to justify refusal has to be considered; on balance, given that the previous building obstructed visibility to a much greater extent and the current proposal involves a significant improvement to the site, I do not consider that there is a strong case to refuse.

4.0 CONCLUSIONS

4.1 This proposal involves the construction of a modern building on a prominent site, continuing the previous use of the site. I am satisfied that its appearance is appropriate for the area, and that the use of conditions can avoid any adverse impact on local amenity. Although the car parking provision is marginally poorer than normally, required I am prepared to recommend that consent be granted. Application No. S/98/00948/FUL Date registered 6th July 1998 APPLICANT MR KEVIN REILLY, 15 ADDIE STREET, MOTHERWELL, LANARKSHIRE, MLl 1LG Agent DEVELOPMENT ERECTION OF WALLSIFENCE LOCATION 15 ADDIE STREET, MOTHERWELL, LANARKSHIRE, ML1 1LG

Ward No. 2 Grid Reference 275625 657546

File Reference SIPLIBI 1311 ( 15 O)/JL/AB

Site History No Site History

Development Plan Residential - North Lanarkshire Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks consent for the erection of perimeter walls, a fence and formation of a driveway at 15 Addie Street, Motherwell. One letter of objection has been received from an adjoining neighbour. The objection is based on a number of issues, details of which may be found in the accompanying report. Notwithstanding the concerns of the objector, I hereby recommend that planning consent is 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. Planning Application No. S/98/00948/FUL Erection of Walls/Fence 15 Addie Street A Motherwell 1:1250 *Location of Objector Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That the walls hereby permitted shall be either of facing brick or finished in roughcast as agreed in writing with the Planning Authority prior to their construction.

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

3. That a visibility splay of 2.5 metres to the junction with Addie Street, measured from the road channel, shall be provided to the right 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 area 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 public safety.

List of Background Papers

Application form and plans dated 6/7/98 North Lanarkshire Southern Area Local Plan Finalised Draft Letter of objection received 15/7/98 from Mr and Mrs Fisher, 5 Brown Street, Motherwell

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lemon. I'

APPLICATION NO. S/98/00948/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The applicant seeks detailed planning consent for the construction of a perimeter wall, fence and driveway at 15 Addie Street, Motherwell.

1.2 The proposal involves the erection of 6.5 ft high brick piers with interlinking wall and fence between the piers to a height of approximately 6 ft, erected along the building line and boundaries of the dwellinghouse at Brown Street. Other works within the application site which do not require permission include the erection of one metre high walls, laying of patios and erection of a 6 ft dividing fence between the application site and no. 5 Brown Street, reducing to one metre in height when it reaches the front of no. 5 Brown Street.

2. OBJECTIONS AND OBSERVATIONS

2.1 One letter of objection has been received from a notified neighbour. The objection is based on various issues namely:- any fence erected along the northern boundary of the application site adjacent to no. 5 Brown Street's driveway will interfere with highway visibility posing a potential danger to children; a wall built next to an existing wall would serve no purpose and a new driveway at the proposed location would further interfere with highway safety on Brown Street.

2.2 The applicants intention is to create some privacy for his garden. The perimeter wall to be erected is outwith any visibility splay required for an access to a dwelling and therefore does not cause due concern. While I accept that the view from no. 5 Brown Street will be reduced to an extent, the fact remains however, that a 6 ft fence can be erected along the common boundary reducing to 1 metre at the building line without requiring planning consent. The driveway's proposed relocation to Brown Street is considered an improvement than its existing location on Addie Street as Brown Street is less busy.

3. CONCLUSIONS

3.1 Provided that all required visibility splays are achieved, this development will enhance the corner of Addie Street/Brown Street without detriment to the surrounding area. I therefore recommend that planning consent is granted. Application No. S/9WO09 80/,4MD Date registered 13 July 1998 APPLICANT PIONEER AGGREGATES (UK) LTD., TAM’S LOUP QUARRY, HARTHILL ML7 5TN Agent DEVELOPMENT NON-COMPLIANCE WITH CONDITION NO. 1 OF CONSENT NO. S/97/00440/MIN/AMEND WITH RESPECT TO WORKING HOURS LOCATION TAM’S LOUP QUARRY, HARTHILL

Ward No. 20 Grid Reference 288000 663855

File Reference S/PL/B/17/23/JL/AB

Site History The most significant recent event relating to Tam’s Loup Quarry was the granting of permission in August 1996 for a major western extension of the quarrying operations. More recently, an amendment to this consent was granted in December 1997 for a change to working hours.

Development Plan Zoned as Countryside Around Towns in North Lanarkshire Southern Area Local Plan, Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS The applicants seek planning consent for non-compliance with condition No. 1 of Consent No. S/97/0044O/MIN/AMEND with respect to working hours and, in particular, Sunday working. Since consent was granted in December 1997, Pioneer have recently completed a 3 month Sunday working trial period in order for the Council to assess the situation to determine whether or not the operators should be allowed to work on a Sunday. The Council hired an independent noise consultant to take various readings in the vicinity of the quarry at random times during this trial period and it was concluded that noise from the quarry on a Sunday was only just discernible at one of the two noise sensitive locations and not audible at the other. One letter of objection was received from a notified neighbour. This objection and my observations

may be found in the accompanying report. Due to the fact that the independent consultant concluded that Sunday working would not cause a ‘noise’ problem I recommend that planning consent is granted for a further temporary period in order that the Council might monitor the situation over a period of one year.

RECOMMENDATION Grant, subject to the following conditions:-

1. That operations authorised by this consent, including Heavy Goods Vehicles entering or leaving the site, shall be restricted to the following specified days and times, with the exception of public holidays when no working shall take place:-

SITE PREPARATION: which for the avoidance of doubt includes soil and overburden stripping; face preparation and drilling. Monday - Friday 7.00 am - 5.00 pm

STONE PREPARATION: which for the avoidance of doubt includes rock excavation; rock splitting and transportation of rock to the fixed quarry plant. Monday - Friday 6.30 am - 6.00 pm Saturday 6.30 am - 1 .OO pin

CRUSHING AND SCREENING Monday - Thursday 6.30 am - 8.00 pm Friday 6.30 am - 5.00 pm Saturday 7.00 am - 1.00 pm Sunday 9.00 am - 1.00 pm - Temporary period only - one year. Secondary and Tertiary, only when the Coating Plant works.

ASPHALT PRODUCTION AND SALES Pre-production - plant preparation 1 hour per day before producton commences

Monday - Friday 6.00 am - 10.00 pm Saturday 7.00 am - 4.00 pm Sunday 7.00 am - 4.00 pm Temporary period only - one year

DRYSTONE SALES: Monday - Friday 6.00 am - 6.00 pm Saturday 7.00 am - 1.00 pm Sunday 7.00 am - 4.00 pm Temporary period only - one year

MAINTENANCE - WEEKDAY Light Maintenance 7.00 pm - 7.00 am

WEEKEND MAINTENANCE Saturday 7.00 am - 5.00 pm Sunday 10.00 am - 5.00 pm 2. That the permission hereby granted is for a temporary period only and shall expire on 9th September 1999.

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

3. That, for the avoidance of doubt, all conditions imposed by Planning Consent No. M/1/95 granted 12th August 1996 shall still apply to this consent where appropriate.

Reason: In order that the Planning Authority might retain control of the quarrying activities in the interests of amenity and environmental protection.

List of Background Papers

Application form and plans dated 13/7/98 Letter dated 5/8/98 from Pioneer Asphalt (UK) Ltd. North Lanarkshire Southern Area Local Plan Finalised Draft Northern and Southern Area Part Development Plan Adopted 1965 Memo from NLC Environmental Services dated 29/7/98 Letter and report dated 3/7/98 from Stanger Science and Environment Letter of objection dated 20/7/98 from Mr E Lawrence, Bankhead Cottage, Edinburgh Road, Harthill

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon APPLICATION NO. S/981009 8 O/AMD

REPORT

1. SITE HISTORY

1.1 The application site has been subject to numerous planning consents in the past since the introduction of planning legislation in 1947, although the quarry has been in production since early 20th Century.

1.2 Planning consent was granted for a western extension to the quarry at a special meeting in 1996. An amendment to this consent was granted in December 1997 and, in particular to slightly increased working hours as well as Sunday working for a trial period of 3 months. This trial period has been completed and independent noise monitoring has taken place.

2. PROPOSAL

2.1 Pioneer Aggregates have requested a slight increase in the amended working hours granted to them last year. The table below illustrates the present quarry working hours and the proposed working hours.

Existinp Hours Proposed Hours

Site Preparation Monday-Friday 7 am - 5 pm NO CHANGE

Stone Preparation Monday-Friday 6.30 am - 6 pm NO CHANGE

Crushing and Screening Monday-Thursday 6.30 am - 8 pm NO CHANGE Friday 6.30 am - 5 pm NO CHANGE Saturday 7 am - 1 pm NO CHANGE Sunday 9 am - 1 pm Asphalt Production and Sales Monday-Friday 6 am - 10 pm NO CHANGE Saturday 7 am - 1 pin Saturday 7 am - 4 pm Sunday 7 am - 4 pm

Pre-production - plant preparation 1 hour per day before producton commences

Drystone Sales Monday-Friday 6.30 am - 6 pm Monday-Friday 6 am - 6 pm Saturday 7 am - 1 pm NO CHANGE Sunday 7 am - 4 pm

Maintenance Weekday Light 7 am - 7 pm NO CHANGE Maintenance

Weekend Maintenance 7 am - 5 pm NO CHANGE Saturday 10 am - 5 pm NO CHANGE Sunday 3. REPRESENTATION AND OBSERVATIONS

3.1 One letter of objection was received from a notified neighbour who has objected on various grounds and, in particular that noise and dust levels are intolerable at his dwellinghouse which is located between the B7066 and the M8 motorway.

3.2 It has now been proven that at the noise sensitive locations i.e. immediately opposite the old quarry entrance and the Hirst Road Cottages, that, in the absence of traffic, the quarry operations were just discernible froin one location and not audible from the other, therefore, the quarry operators are well within the permitted noise levels previously imposed by the Council.

3.3 With regard to dust problems, it is accepted that there is inevitably dust created within a quarry of this nature, however the quarry is operating well below the guidelines set for dust emissions and the operators are constantly upgrading their plant and machinery. Within 12 months, the quarry operations will locate to the west which will eliminate occasional dust loss due to blasting, therefore the impact on the objector should be minimised.

4. CONCLUSION

4.1 Since consent was granted in December 1997 for an amendment to working hours, the Council appointed Stanger Science & Environinent to undertake a monitoring exercise for Sunday working. Their findings concluded that the quarry operating on a Sunday was ‘drowned’ out by the noise from the B7066 due to the speed of vehicles on the unrestricted road and the high percentage of heavy goods vehicles passing. The M8 also has a constant flow of traffic and this is a major contributor to the general background noise levels.

4.2 Given the above information and the mitigation measures put in place in accordance with the approved plans, my recommendation is that permission be granted in respect of an increase in the working hours at Tam’s Loup Quarry and, in particular, Sunday working. It is, however, considered that the operators should only receive temporary consent for one year for the Sunday working element as this will enable the Council to further monitor the situation and retain effective control Application No. SI9810 10 12lFUL Date registered 10 July 1998 APPLICANT MODERN HOUSING LTD., 505 MERRY STREET, MOTHERWELL Agent J Kerr McDougall, Unit 27 Carfin Industrial Estate, Motherwell ML1 4UL DEVELOPMENT RENOVATION OF 4 FLATS AND CHANGE OF USE FROM HOT FOOD TAKEAWAY TO FLAT LOCATION 47-55 CAMBUSNETHAN STREET, WISHAW

Ward No. 9 Grid Reference 280840655470

File Reference

Site History No Significant Site History

Development Plan Zoned as Residential on North Lanarkshire Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicants seek planning consent for the renovation of 4 existing vacant flats and change of use of vacant hot food shop to flat at 47-55 Cambusnethan Street, Wishaw. The building is of two storey sandstone design with the flats forming the ground floor and the Masonic Hall forming the upper floor. It is the applicant’s intention to clean up the whole building to enhance its’ appearance as well as all the work to the flats. No objections were received from notified neighbours or consultees and I feel that, once completed, the renovation will enhance the prominent buildings’ appearance to the benefit of the area, I therefore recommend that planning consent is granted.

RECOMMENDATION Grant, subject to the following conditions:- Planning Application No. S/98/01012/FUL Produced by southernPlanning and OlYlSlD" Dwalopmeot Dep~rtment Renovation of 4 Flats and Change of Use from 303 Brandon Street MOTHERWELL Hot Food Takeaway to Flat MLl 1RS Reproduced from the Oidnanse Survey mapplng Wnh the permission of he Contiolier Of her Maleryr Tslephone01895302100 Fsx.016983021012 47 - 55 Cambusnethan Street A 1:1250 Statianew Olfice. 0 Crown oopyrighl Unavthmosd repradustlon infringas Crown copyighl OS License LA 090411 Wishaw and may lead to proieculion or civil procecdmgi 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 any of the flats hereby permitted are occupied, the fence, as specified on the approved plan shall be erected.

Reason: To safeguard the amenity of future residents.

3. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing building except as may otherwise be agreed in writing by the Planning Authority.

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

List of Background Papers

Application Form and Plans dated 10/7/98 North Lanarkshire Southern Area Local Plan Finalised Draft Memo dated 27/7/98 from NLC Environmental Services

Any person wishing to inspect the above background papers should telephone Motherwell 3 02 142 and ask for Mr Lennon. Application No. S/98/0 1O5O/NID Date registered 22nd July 1998 APPLICANT HOUSING MANAGER, NLC HOUSING DEPARTMENT, MOTHERWELL AREA OFFICE, 69-71 MERRY STREET MOTHERWELL Agent Landscape Services Manager, Department Of Leisure Services North Lanarkshire Council, Buchanan Business Park, Stepps G33 6HR DEVELOPMENT ENVIRONMENTAL IMPROVEMENTS INCLUDING REPAIR/IMPROVEMENT TO WALLS, STAIRS, FOOTPATHS, CAR PARKS, & NEW FENCING, TREE AND SHRUB PLANTING LOCATION MERRYTON TOWER SHIELDS DRIVE MOTHERWELL LANARKSHIRE

Ward No. 13 Grid Reference 276788 654858

File Reference S/PL/B/2/4(203)/DMcF/AB

Site History No Applications of Relevance Part of the ongoing upgrading of Muirhouse Housing Area

Development Plan Housing - Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application seeks consent for a further phase of landscaping and environmental improvements at the Muirhouse housing area, Motherwell. The upgrading of Muirhouse has been progressing for some time and this proposal involves the immediate area around Merryton Tower. The works involve landscaping, resurfacing and footpath rationalisation. A footpath closure order will require to be completed before these works are started and the Committee's authority is sought in a separate report to obtain the authority to progress the required order. I consider that these proposed works will complement those which have been carried out so far and will enhance the n 8 E w v) 3 0 II I E 'Y z5

I El Sub St Brendan's Sta RC Church

,--I

__---._-- /' /I;: I "' ,.,/'; I I

N PhnnmgPhd mdby Ow.bpNnl D*p.hnl Planning Application No. 98/01050/NID s0uh.m DNidO" 3u3 0nndOn sm.l Proposed Footpath Closure Order ."""TYEDWEI -...-....-- , MLl 1RS I-I 05 Merryton Tower hhphom 016% 302100 Fmx. 01- M21012 1:5w os uI.- UOWlL Motherwell environment of Merryton Tower and Muirhouse in general. I therefore 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 a visibility splay of 4.5 metres by 40 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 public safety.

3. That a 6 metre carriageway width shall be maintained along the frontage of the existing lock ups in order to maintain garage access to the satisfaction of the Planning Authority.

Reason: In the interests of public safety.

Background Papers:

Application form and plans received 22nd July 1998 Application form and plans dated 22.7.98 Southern Area Finalised Draft Local Plan

Any person wishing to inspect these documents should contact David McFarlane at 0 1698 3 02 125. Application No. S/98/01103/FUL Date registered 3 August 1998 APPLICANT TURNBERRY HOMES LTD., FLEMING COURT, 1 NORTH AVENUE, CLYDEBANK BUSINESS PARK, GLASGOW G812DR Agent T Lawrie & Partners, Clydeway Skypark, 8 Elliot Place, Glasgow G3 8EP DEVELOPMENT RESIDENTIAL DEVELOPMENT OF 32 DWELLINGS LOCATION SITE OF FORMER DSS BUILDING, SHIELDS ROAD, MOTHERWELL

Ward No. 12 Grid Reference 276570655830

File Reference S/PL/B/11/9(108)/GMcK/AB

Site History App No. CN/2/78 - Extension to DHSS building, October 1978 App No. CN/4/85 - First floor extension, December 1985 App No. S/96/00479/FUL - Continuation of existing Class 4 (Business) Use, October 1996

Development Plan Land with Unclassified Development Potential (Finalised Draft) Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water Authority Conditions NLC Environmental Services No Reply The Coal Authority, Scottish Power, British Telecom, British Gas

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application seeks planning permission for the erection of 32 dwellings at the site of the former DSS building, Shields Road, Motherwell. The proposal comprises of four blocks of two storey terraced properties, one block of two storey flats and a corner block of three storey flats. After consultation no objections were received in relation to this application. This site is regarded as a suitable brownfield housing development opportunity and therefore poses no planning policy objections. I therefore consider that planning permission should be granted. Produced by Planning Application No. S/98/011OYFUL I Planning and Development Department LANARKSHIRE Soumein O~vision Residential Development of 32 Dwellings 303 Brandon Street , MOTHERWELLMLI IRS Site of Former DSS Building Reproduced from ths Ordnance Survey mapplng wnh 6 the permissian Of me Controller of her Majer$’r Telephone01695302100 Fax 016985021012 Shields Road 1:1250 Slationcry Offlce 0 Crown copynght Unaulhorised leplodUctlOn infnnger Crown Sopynghl ~ OS LICB~SI LA0904lL Motherwell and maylrsdlo prosewtlon 0isIvll proceedings 1 1

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 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.

3. That notwithstanding the generalities of condition (2) above, a 1.8 metre high screen fence shall be erected along the boundaries marked BLUE on the approved plans.

Reason: To safeguard the amenity of future residents.

4. 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 (3) above, shall be erected.

Reason: To safeguard the amenity of future residents.

5. That notwithstanding the provisions of Class 7 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.

6. That before the development hereby permitted starts, full details and/or samples 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.

7. 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 visual amenity of the area.

8. 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 (7) above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

9. That a detailed drawing showing the bin store location and boundary enclosure shall be submitted to and approved in writing, including any modifications as may be required by the Planning Authority, prior to the start of these works.

Reason: In the interests of amenity.

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

Reason: To safeguard the amenity of the area,

11. That prior to the commencement of any site works the developer shall provide full details of a site soils analysis to the satisfaction of the Planning Authority. The report shall include the meanslmethod necessary to safely disposetcontain any identified site contamination to the full and complete satisfaction of the Planning Authority.

Reason: In the interests of site safety and general amenity.

12. Any site contamination remediation measures identified in the report referred to in condition (11) above, shall be carried out to an agreed timetable the precise details which shall be submitted to and approved by the Planning Authority prior to the commencement of site works.

Reason: To ensure timeous implementation of any site remediation works in interest of site safety and general amenity.

13. That before the development hereby permitted is completed details of the gateway feature shall be submitted to and approved by, the Planning Authority. Reason: In the interests of the visual amenity of the area.

14. That before the development hereby permitted is completed or brought into use, details of a scheme for the repair and redecoration of the existing wall marked BROWN on the approved plans shall be submitted to, and approved by, the Planning Authority.

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

15. That before the development hereby permitted is completed or brought into use, the existing vehicular access, marked A on the approved plans, shall be closed off and all vehicular access to the development site hereby permitted shall be via the vehicular access marked B on the approved plans.

Reason: In the interests of public safety.

16. That the connection onto Shields Road shall be via a radius kerb arrangement with a flush kerb laid along the line of the heel of the footway 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 public safety.

17. That a visibility splay of 4.5 metres by 120 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 public safety.

18. That a visibility splay of 2.5 metres by 20 metres, measured from the road channel, shall be provided on both sides at access junctions within the site 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 public safety.

19. That before the development hereby permitted starts, full details of the materials to be used for the vehicular and pedestrian surfaces 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. 20. That a drop kerb footway crossing arrangement shall be constructed at the junction marked C on the approved plans.

Reason: In the interests of public safety.

List of Background Papers

Application form and accompanying plans registered 3/8/98 (Finalised Draft) Southern Area Local Plan Letter dated 18/8/98 from West of Scotland Water Authority Memo dated 24/8/98 from NLC Environmental Services

Any person wishing to inspect the above background papers should telephone Motherwell 302139 and ask for Gwen McKillop. APPLICATION NO: S/98/0 1103/FUL

REPORT

1.o APPLICATION SITE AND PROPOSAL

1.1 The application site is located on the eastern side of Shields Road. It is bounded by residential properties to the north and by British Telecom to the south. Remploy is located to the rear of the application site, along its eastern boundary. Access to Remploy and the proposed development would be gained via the site’s existing access.

1.2 This application seeks planning permission to erect 32 dwellings. The proposal would comprise of four blocks of two storey terrace properties, one block of two storey flats and a corner block of three storey flats.

2.0 CONSULTATIONS

2.1 After consultation although no objections were received NLC Environmental Services stated that a history of past usage of the site should be obtained from the applicant to clarify if the site has been used for any contaminate purposes. It is therefore considered that if planning permission is granted it would be subject to conditions to ensure all ground criteria are met.

3 .O REPRESENTATIONS

3.1 letters of objection have been received in relation to this application on the grounds that the proposed development would be higher than the former buildings which occupied the site.

4.0 OBSERVATIONS AND CONCLUSION

4.1 Although the application site is located adjacent to Remploy and British Telecom, it is located within a predominately residential area. Development to the south and west along Shields Road is largely made up of four/five storey flats or tower blocks.

4.2 The objector is located within a residential development to the north of the application site. This area consists of two storey terrace and semi-detached properties. The proposed development would be mainly two storey in height. Although there would be a three storey corner block of flats located in the south western corner of the application site. It is therefore considered that the height of the proposed development would be appropriate and in keeping with the adjoining area.

4.3 The proposed development would be an acceptable use for this brownfield site and I am satisfied with the scheme’s design and layout. It is therefore recommended that subject to the relevant planning conditions permission is granted.