North Lanarkshire
Council
Planning Applications for consideration of Planning Sub-Committee
Committee Date: 17-05-2018
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
APPLICATIONS FOR PLANNING SUB-COMMITTEE
17th May 2018
Page Application No Applicant Development/Site Recommendation No
16/01298/FUL Mr Vikas Sud Redevelopment of Crow Grant Wood Services including Construction of 5 Retail Units, Modernised Petrol Pumps, Vehicle Jet Wash Bay and Hand Wash Area and Associated Car Parking Crow Wood Filling Station Cumbernauld Road Chryston G69 9BS
17/00098/FUL Briar Homes Construction of 17 Detached Grant (P) Section 69 Dwellinghouses along with Agreement Associated Roadworks & required Landscaping Site South West Of 56 Station Road Muirhead
17/01090/FUL Keepmoat Residential Development of Grant Homes 111 Dwellinghouses Including Associated Roads, Drainage and Open Space Meadowhead Road Craigneuk Wishaw
17/01508/PPP Arrandale Ltd Class 4 (Business), Class 5 Refuse (General Industrial) and Class 6 (Storage and Distribution) Development with Associated Landscaping, Service Facilities, Highways Infrastructure, Parking and Other Ancillary Works Site South Of 401 Edinburgh Road Newhouse
17/01904/PPP Mr Andrew Detached Dwelling Grant Milligan Burniebrae House Burniebrae Road Chapelhall Airdrie ML6 8QB
18/00009/MSC The Trustees Approval of those matters Grant Of ID Meiklam specified in Condition 1 of application 12/01195/PPP and condition 19 of the original application S/08/00250/OUT (Development of Classes 4, 5 and 6) Orchard Farm Carnbroe Road Shirrel Bellshill ML4 1RU
18/00279/AMD Federated Vary Condition 4 (a) of Grant (P) Investments Application 15/01792/PPP - LLP Increase in Dwelling Numbers to 500 Site Between Carnbroe Road And M8 Carnbroe Coatbridge ML6 8RS
18/00363/FUL The Trustees Amendment of Conditions of Refuse Of Darussalum Previous Planning / Per Maqbool Permissions 11/00089/FUL Chaudhry and 11/01232/AMD to allow the use of the ground floor for Religious Instruction/Worship and to allow Adult Worship 7 Days a Week Between 7.30am and 6.30pm (max 15) 75 Cumbernauld Road Stepps G33 6LR
18/00440/FUL Mr Jia Shou Change of Use from Shop to Refuse He Hot Food Takeaway 2 South Robertson Place Whinhall Airdrie ML6 0DE (P)
17/00098/FUL – If minded to grant, planning permission not to be issued until legal agreement concluded to cover affordable housing contributions and education contributions
18/00279/AMD – if minded to grant, planning permission not to be issued until legal agreement is in place to cover education contributions.
Application No: Proposed Development:
16/01298/FUL Redevelopment of Crow Wood Services including Construction of 5 Retail Units, Modernised Petrol Pumps, Vehicle Jet Wash Bay and Hand Wash Area and Associated Car Parking (Partly Retrospective)
Site Address:
Crow Wood Filling Station Cumbernauld Road Chryston G69 9BS
Date Registered:
22nd July 2016
Applicant: Agent: Mr Vikas Sud David Manson 224 Cumbernauld Road 2 Park Gardens Lane Chryston Glasgow Scotland Scotland G69 9NB G3 7YL
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 005 Strathkelvin No letters of representation received. John McLaren, Lynne Anderson, Stephen Goldsack,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed local retail centre is considered to be acceptable and the proposal will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. The proposal complies with policies of the North Lanarkshire Local Plan.
Reproduced by permission of Planning Application: 16/01298/FUL the Ordnance Survey on Name (of applicant): Mr Vikas Sud behalf of HMSO. © Crown Copyright and database right Site Address: Crow Wood Filling Station, 2009. All rights reserved. Cumbernauld Road, Chryston, G69 9BS Ordnance Survey Licence Development: Redevelopment of Crow number 100023396. Wood Services including Construction of 5 Retail Units, Modernised Petrol Pumps, Vehicle Jet Wash Bay and Hand Wash Area and Associated Car Parking (Partly Retrospective)
Proposed Conditions:-
1. That, except for the requirements of conditions below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: 200, A.02, A.13, A.14, A.15, A.16, A.17 and A.18.
The visibility splays shown for the access/egress detailed on drawing A.02 shall be formed within 2 months of the date of this permission and thereafter shall be maintained
Reason: To clarify the drawings on which this approval of permission is founded.
2. That before the work commences on the retail units hereby approved, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
3. That before the work commences on the retail units hereby approved, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.
Reason: To ensure that the site is free of contamination in the interests of the amenity.
4. That on completion of any remedial works identified by the site investigation required under the terms of Condition (3) and before the retail units within the site are operational, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.
Reason: To ensure the site is free of contamination in the interests of the amenity of future users of the retail units.
5. That before the retail units hereby approved are operational, the associated parking and manoeuvring area as shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking provision.
6. That BEFORE further development commences, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority, and that before the any of the retail units hereby approved are operational, the associated fences/walls approved under this condition shall be erected and maintained to the satisfaction of the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That BEFORE further development commences, unless otherwise agreed in writing with the Planning Authority full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best practice to protect adjacent watercourses and groundwater.
8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 shall be implemented contemporaneously with the development in so far as reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
9. That BEFORE further development commences, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects.
10. That all works included in the scheme of landscaping and planting, approved under the terms of condition 9 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity.
11. That BEFORE further development commences, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed footpaths; (b) the proposed parking areas; (c) the proposed external lighting; (d) the proposed grassed, planted and landscaped areas; (e) the proposed fences to be erected along the boundaries
Reason: To enable the Planning Authority to consider these aspects in detail.
12. That BEFORE development hereby permitted becomes operational, the management and maintenance scheme approved under the terms of condition 11; shall be in operation.
Reason: To ensure ongoing maintenance in the interests of visual amenity.
13. That the design, installation and operation of any air conditioning/ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 20.00 hours and N.R.C. 25 at all other times.
Reason: To safeguard the amenity of the adjoining residential area.
14. That BEFORE further development commences, a detailed drawing showing the location of all bin stores and bin provision shall be submitted to and approved in writing by the Planning Authority.
Reason: To ensure that adequate bin provision is provided.
15. That the units hereby permitted shall be used as Class 1 (Retail) use only as defined in the Town and Country Planning (Use Classes) (Scotland) Order 1997, unless otherwise agreed in writing with the Planning Authority.
Reason: To enable the Planning Authority to retain effective control.
Background Papers:
Consultation Responses: Memo from Traffic & Transportation received on 24th April 2018 Memo from Protective Services received on 27th July 2016 Consultation response from Transport Scotland received on 3rd August 2016
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500
Report Date: 7th May 2018 APPLICATION NO. 16/01298/FUL
REPORT
1. Site Description
1.1 The application site relates to a former Crow Wood filling station, Cumbernauld, Chryston which is approximately 0.39 ha in size and located just west of the village. The site was has been vacant for some time and is currently boarded up to prevent vandalism. The site is bounded by Crow Wood Golf Club and Course to the north and west, the A80 to the south and residential properties to the east beyond which are flatted properties. It is noted that the filling station is currently operating.
2. Proposed Development
2.1 Full planning permission is being sought for the redevelopment of crow wood services including construction of 5 retail units, modernised petrol pumps, vehicle jet wash bay and hand wash area and associated car parking. The existing filling station site will be extended to the north, east and west. The proposal would result in a terrace of five class 1 retail units measuring 20 metres wide, 62 metres long, a maximum height of 8 metres with a footprint of approximately 880 square metres. A jet wash area and hand car wash area to be formed at the front of the site, with three replacement fuel pumps proposed and 53 off street car parking spaces.
3. Applicant’s Supporting Information
3.1 The applicant has submitted a Transport Statement for consideration which concluded that although the proposed development will generate additional traffic in the area, due to the restricted one-way exit, it is not envisage to reduce the capacity at the existing junctions.
4. Site History
4.1 The following previous application is relevant to the current proposal:
99/01047/FUL Alterations To Petrol Filling Station – Approved 01.09.1999 00/00244/FUL Redevelopment Of Petrol Filling Station Including Erection Of Sales Shop – Refused 27.10.2000 04/00335/ADV Installation of a 5 Metre High Sign – Approved 28.04.2004 08/00697/ADV Erection of Internally Illuminated Pole Mounted Sign – Approved 19.06.2008 13/00176/FUL Replacement of Existing Portable Cabin and Provision of ATM Point to form Temporary Stand Alone Retail Outlet – Approved 07.05.2013 13/00433/ADV Totem Sign – Approved 07.05.2013 16/01297/ADV Totem Sign – Approved 26.08.2016
4.2 An Amenity Notice was served on 4th September 2015 that required the former filling station site be cleared of any litter and dumped material; the removal of weeds and redundant totem sign and a 2 metre high screen fence to be installed (ref: 13/00215/COMP). This Amenity Notice was complied with.
5. Development Plan
5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The application site is jointly as HCF 1 A (Protecting Residential Amenity and Community Facilities – Residential Areas) and NBE 3A (Green Belt) within the adopted North Lanarkshire Local Plan.
6. Consultations
6.1 A summary of comments from the consultees are as follows:
i. Protective Services have no objections to the application subject noise from or associated with the completed development shall not give rise to a noise level, assessed with windows open, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve 35 between 0700 and 2200, and Noise Rating Curve 25 at all other times. Reason: To protect the occupiers of dwellings or noise sensitive buildings from excessive noise. The site was previously occupied as a petrol station, as such there is potential for residual contaminants to be present in the site soils. A comprehensive site investigation for ground contamination shall be submitted to and approved in writing by the planning authority. The investigation shall be completed in accordance with a recognised code of practice such as British Standards Institution “The investigation of potentially contaminated sites – Code of Practice BS10175 “. The investigation report shall include a risk assessment of all relevant pollutant linkages, as required by Planning Advice Note PAN 33. Where a risk assessment identifies any unacceptable risk or risks, it shall include a detailed remediation strategy ii. Traffic & Transportation have commented that the Transport Statement does not appear to demonstrate that the data is appropriate to the proposed petrol station with 4 retail units as per the application. With reference to visibility splays, the reference to “Designing Streets” is not applicable in this instance as this is not a residential development therefore 4.5m x 120.0m visibility splays are required. iii. Transport Scotland does not propose to advice against the granting of permission.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan – North Lanarkshire Local Plan: The application site is covered by policies HCF 1 A (Protecting Residential Amenity and Community Facilities – Residential Areas) and NBE 3A (Green Belt). Policy HCF 1 A states that developments of an ancillary nature may be acceptable subject to impact on residential amenity. It is considered that the proposed use can take place without a detrimental impact on residential amenity and planning conditions will ensure this to be the case. Furthermore, identified as a suitable commercial activity in a residential area is retail development for local needs and given the proposal seeks permission for a five small scale retail units, this proposal seeks to be a small retail development that is likely to attract the majority of its custom from the local area which is, therefore, in accordance with policy HCF 1 A.
8.3 With reference to NBE 3A (Green Belt), this policy restricts development in the Green Belt that necessary for agricultural, forestry or horticulture. The area of the application site that is covered by the Green Belt policy is the area of land to the north, east and west of the application site which consists mostly of a small wooded area and an area of hardstanding at the east, none of which is of particular value in its own right. It is, therefore, considered that the benefits of bring this long standing vacant site on the entrance to Chryston back into productive use outweighs the Green Belt merits of this section of the application site and the proposal is an acceptable departure of policy NBE 3A (Green Belt).
8.4 The proposal is a retail development outside the designated retail centre. The relevant thresholds in the policy RTC 3A (Assessing Retail and Commercial Development) are 1000 square metres of convenience floor space and 2000 square metres of comparison floor space. Although the development is speculative the applicant is seeking permission for five retails at a total of 880 square metres gross floorspace and as such the smaller of the thresholds (1000 square metre convenience retail floorspace) would not be exceeded.
8.5 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the scale and nature of the development, DSP 1 and DSP 3 are not relevant in this instance. Policy DSP 2 covers the location of development, amongst other matters, this policy specifies that for developments to be acceptable, they should be consistent with locational criteria including, the use of brown field sites, supporting the hierarchy of sustainable transport modes, safeguarding vitality and viability of town centres in considering the foregoing the proposal is accords with this policy. Policy DSP 4 considers the quality of development, in this respect the proposal achieves an acceptable quality of development in terms of siting, layout, the contemporary design is acceptable in terms of form, scale, height, massing, detailing and materials providing an acceptable level of landscaping in which to frame the development. The main advantage of this proposal is bring back into use a site on the entrance to Chryston that has been vacant for some time and the subject of vandalism and fly tipping, by removing this issue and replacing this with a modern retail development is considered to vastly improve the visual amenity of the area. In this respect the proposal accords with policy DSP4.
8.6 Consultations: Concerning the comments made by Protective Services with respect to noise levels from associated plant installations and a site investigation, appropriate planning conditions are recommended. Traffic & Transportation refer to the Transport Statement and state that the required visibility splays of 4.5m x 120m are not achieved. The application site has been previously operating as a filling station and this proposal seeks permission to bring this back into use as well as additional small retail units. Since the site initially stopped operating, the M80 has been opened resulting in the A80 having significant less traffic. The entrance from Cumbernauld Road into the site can achieve the required 4.5m x 120m visibility splay, however, the proposed visibility splay at the exit onto A752 is 4.5m x 45m. The proposed site layout has been amended with the repositioning of the car wash in order to maximise the visibly splay onto the A752. In addition, the change to status and volume of traffic on the A80 due to the opening of the M80 and the fact that you are in a 30mph zone with speed cameras and lights and junctions means that traffic should be slowing on the approach to the second access. Bearing this in mind and the history of the site, it is considered that the proposed visibility splays are acceptable in this instance.
9. Conclusions
9.1 In conclusion, it is considered that the proposal complies with policies HCF 1A (Protecting Residential Amenity and Community Facilities – Residential Areas), NBE 3A (Green Belt), RTC 3A (Assessing Retail and Commercial Development) and DSP 4 (Quality of Development) of the North Lanarkshire Local Plan 2012. It is considered that the proposed retail development would not have an adverse impact on the amenity of the area, which is predominantly residential to the east and are an acceptable use within this wider residential area. Taking the above into consideration, it is recommended that planning permission be approved.
Application No: Proposed Development:
17/00098/FUL Construction of 17 Detached Dwellinghouses along with Associated Roadworks & Landscaping
Site Address:
Site South West Of 56 Station Road Muirhead North Lanarkshire
Date Registered:
28th February 2017
Applicant: Agent: Briar Homes N/A 205 St Vincent Street Glasgow G2 5QD Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 005 Strathkelvin 42 letter(s) of representation received. William Hogg, Frances McGlinchey, John McLaren, Brian Wallace,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal complies with policies HCF1 A, DSP3, DSP4 A and NBE 1 A4a in the North Lanarkshire Local Plan.
It should be noted that if Committee is minded to grant a Legal Agreement requires to be satisfactorily concluded in relation to an Education contribution and Affordable Housing before any Planning Permission is granted.
Reproduced by permission of Planning Application: 17/00098/FUL the Ordnance Survey on Name (of applicant): Briar Homes behalf of HMSO. © Crown Copyright and database right Site Address: Site South West Of 56 2009. All rights reserved. Station Road Ordnance Survey Licence Muirhead number 100023396. North Lanarkshire
Development: Construction of 17 Detached Dwellinghouses along with Associated Roadworks & Landscaping
Proposed Conditions:-
1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings approved include: PL- 01, 02 Rev C, Landscaping drawing 307.19.01 and drawings 16039 - AL (0) 320 #, 16039 - AL (0) 330 #, 16039 - AL (0) 410 #, 16039 - AL (0) 430 #, 16039 - AL (0) 440 #, SK001, SK002, SK003, AL(30)002 (DORMER), AL(30)003 (DORMER), AL(30)004 (DORMER) and AL(30)005 (DORMER) .
Reason: To clarify the drawings on which this approval of permission is founded.
2. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) Details of any earth moulding and hard landscaping, grass seeding and turfing; (b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt the landscape scheme shall include native species and include tree and hedgerow planting along the western and southern boundaries. (c) A timetable for the completion of these works contemporaneously with the development. (d) That the trees to the southwest of plots 6 and 7 within the grass reservation on the north side of the Belhaven Park access road shall be retained to the satisfaction of the Planning Authority and prior to the commencement of construction works on site tree protection measures in accordance with BS 5837 shall be implemented. Furthermore, any trees lost as a result of construction shall be replaced to the satisfaction of the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects.
3. That before the development hereby permitted is brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 2 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the environmental amenity of the area.
4. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed grassed, planted and landscaped areas; (b) any communal fences and walls;
Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.
5. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 4 shall be in operation.
Reason: To ensure there is an adequate landscape maintenance scheme in place.
6. That before the development hereby permitted starts a comprehensive site investigation requires to be submitted for the proposed residential development to the satisfaction of the Local Authority. This investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLR11, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy or gas control measures may be required. Before development begins any remediation work required must be completed and verification provided by the developer to the satisfaction of the Local Authority.
Reason: To ensure that the site is free of contamination in the interests of the environmental amenity of the area.
7. That any mitigation works identified as part of the Site Investigation required under condition 6 above shall be carried out and verified by a suitably qualified environmental engineer to the satisfaction of the Planning Authority prior to construction work commencing on site.
Reason: In the interests of the environmental amenity of the area.
8. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
9. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
11. That the proposed watercourse diversion should be designed to have at least a neutral impact on flood risk (both to the application site itself and elsewhere) and before this work is carried out the applicant shall demonstrate they that have the appropriate approvals from SEPA.
Reason: In the interests of the environmental amenity of the area.
12. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.
13. That no dwelling hereby permitted shall be occupied until the street and footway adjacent to it have been constructed to basecourse standard and the street and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
14. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
15. That if more than 12 months has elapsed between the timing of the initial ecological survey by Nigel Rudd undertaken in July 2017, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'
16. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be completed in accordance with the approved details.
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.
Background Papers:
Consultation Responses:
Scottish Environment Protection Agency received 19th April 2018. NLC Education received 11th May 2017. NLC Traffic & Transportation received 31st March 2017. NLC Greenspace received 19th February 2018. NLC Housing and Social Work Services received 27th March 2017.
Contact Information:
Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500
Report Date: 7th May 2018 APPLICATION NO. 17/00098/FUL
REPORT
1. Site Description
1.1 The site lies at the southern end of Muirhead village on the northern side of Station Road to the southwest of Neuk Avenue and the northeast of the access to Belhaven Park in an established residential area. The site covers an area of 0.78 Hectares and consists of woodland, Heath and scrubland. It is surrounded by residential development north, west and east of the site with Garnkirk Moss and Heathfield Moss to the southeast on the other side of Station Road.
1.2 The site is relatively flat with some mature trees mainly along the southern and western boundaries of the site. A watercourse/drain runs through the northern part of the site in a north-easterly direction. There is also a now disused Public Right of Way footpath outwith the site but adjacent to the eastern boundary of the site which used to run from Lilybank Avenue to Station Road. It should also be noted that there is Japanese Knotweed within the site which requires appropriate treatment regardless of this planning application.
2. Proposed Development
2.1 The proposal is for the development of 17 detached, two-storey dwellings which would be accessed from a new access from Station Road with a T-shaped road layout servicing the proposed house plots. The proposed dwellings are a mixture of three and four bedroomed with traditional dual- pitched roofs and finished in a combination of facing brick, render and concrete rooftiles.
2.2 The proposal also involves proposed landscaping at the access point as well as along the southern boundary of the site with Station Road and the southwestern boundary of the site with Belhaven Park as well as within the site. The proposed landscaping involves a mixture of grassland, trees, hedging and shrub planting. The proposal also involves the re-routing of the existing watercourse/drain which runs through the site.
3. Applicant’s Supporting Information
3.1 The applicant has not provided a supporting Planning Statement but has argued that the proposed development is of a relatively small scale compared to the adjacent Belhaven Park development and also the Persimmon Homes development further down Station Road.
3.2 The applicant has also provided a survey report and required remedial measures with regard to Japanese Knotweed on site.
4. Site History
4.1 There is no relevant planning history.
5. Development Plan
5.1 The site lies within an existing residential area and is covered by Policy HCF1 A (Protecting Existing Residential Amenity) in the North Lanarkshire Plan. It should also be noted that a small part of the southwestern end of the site is zoned within a SINC (Site of Importance for Nature Conservation) – Policy NBE 1 A4a.
5.2 Policies DSP 3 (Impact of Development on community facilities and infrastructure) and DSP 4 (Quality of Development) in the local Plan are also relevant to the assessment of the proposal.
6. Consultations
6.1 SEPA has expressed no objections with regard to impact on the local water environment and not objected in terms of proposed surface water drainage. It has also expressed no objections in terms of waste water drainage arrangements and also Flood Risk following the submission of Flood Risk Assessment provided that the proposed watercourse diversion should be designed to have at least a neutral impact on flood risk on the site and surrounding area.
6.2 The site is within a low risk Coal Zone where standing Advice would apply.
6.3 NLC Traffic and Transportation has expressed no objections to the proposal provided that :-
Proposed road should be 5.5m wide with 2.0m wide footways along both sides. A visibility Splay of 4.5 metres x 60 metres shall be achieved at the site access In curtilage parking to be provided on the basis of 3 spaces for units with 3/4 bedrooms and 4 spaces for those with 5 bedrooms, garages will only be considered as one space if minimum dimensions are greater than 3.0m in width and 6.6m in length. Driveways should be accessed via drop kerb footway crossing arrangements. Driveways to be a minimum of 5m wide and 6.0m in length, paved for a minimum of 2.0m from heel of footway.
6.4 NLC Greenspace has expressed no objections to the proposal and the findings of the submitted Ecology Report subject to the actions specified in the report being carried out. This can be covered by planning conditions.
6.5 NLC Education has expressed no objection to the proposal subject to an agreed developer contribution to offset the additional educational costs that the proposed development would generate. The contribution would go towards additional primary and secondary education requirements. This could be facilitated by an appropriate legal agreement
6.6 NLC Housing has advised that in line with North Lanarkshire Plan Policy HCF3 (Assessing Affordable Housing Development) that as the site is covered by this policy that an Affordable Housing Contribution equivalent to four dwellings is required to be paid. This could be facilitated by an Affordable Housing Agreement and the monetary sum identified by the District Valuer and realised through an appropriate legal agreement.
7. Representations
7.1 42 letters of representation received including one from Councillor John McLaren. The points of objection can be summarised as follows:-
Site is in the Green Belt Japanese Knotweed on site Impact on Infrastructure (Schools, roads, Doctors, Dentists, Sports pitched, Bus Services) Impact of Traffic generation caused by proposed development and associated construction traffic. Loss of habitat/woodland. Drainage Issues – Poorly drained peatbog with flooding issues. Coalescence of small villages into conurbations. Fence at 5 Neuk Avenue should be retained without access to Right of Way. Detrimental impact on structural soundness of 56 Station Road caused by construction works and increased traffic.
8. Planning Assessment
8.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act1997, Planning Authorities are required that in determining planning application proposals, where regard is to be had to the Development Plan, determination should be in accordance with this Plan unless material considerations indicate otherwise. In this instance there are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. Therefore the proposal requires to be determined under the terms of the North Lanarkshire Local Plan and any other material considerations.
8.2 The application site is zoned within an established residential area (Policy HCF1 A) which seeks to protect residential amenity. In such areas there is a presumption against developments detrimental to residential amenity in primarily residential areas. It should be noted that HCF1 A does not identify sites for specific residential development but rather identifies and seeks to protect existing residential areas and residential amenity.
8.3 In terms of Policy NBE 1 A4a (Site of Importance for Nature Conservation), a part of the southwestern end of the site falls within this designation and is not considered to significant and NLC Greenspace have expressed no objections in this regard.
8.4 In this case, in principle, residential development is appropriate to a residential area provided that it does not significantly impact on residential amenity. In this context, it leaves the proposal to be assessed against policies DSP 3, Impact of Development and Policy DSP 4, Quality of Development in the North Lanarkshire Local Plan requires
8.5 In relation to DSP3 (Impact on Infrastructure) it is considered that there are no significant issues with regard to the potential impact of the proposal on existing infrastructure. In particular with regard to Education provision and Affordable Housing, it is considered that these issues can be addressed through the appropriate legal agreement.
8.6 With regard to DSP4 (Quality of Development) an assessment has to be made. With regards to the proposed layout, it is considered that the proposed layout complies with Council’s space standards for residential development. It is further considered that the layout is acceptable in terms of there being no potential amenity issues such as privacy/overlooking, adequate parking and reasonable amenity planting around the southern and western boundaries. In terms of design, the proposed dwellings are of a similar design to surrounding dwellings. Furthermore, in terms of impact on existing levels of residential amenity, the proposed layout would leave a buffer area of woodland/heath between the application site and the nearby dwellings at Belhaven Park residential area ranging from 20 metres to 45 metres in width. Furthermore, the relationship between proposed plots 12-17 and 5 Neuk Avenue and 56 Station Road to the east is considered to be acceptable in terms of residential amenity, with these proposed plots having a minimum of 10 metres rear garden depth..
Consultations
8.7 It is recognised that the consultees have expressed no objections to the proposal subject to certain conditions which can either be realised through the imposition of relevant planning conditions or through a legal agreement. The comments of NLC Traffic and Transportation has been addressed through the submission of amended drawings.
Points of Objection
8.8 The points of objection are assessed as follows ;-
Site is in the Green Belt.
Comment: Although the site is green in nature due to the trees and shrubs within it, the site is zoned within an established residential area.
Japanese Knotweed on site.
Comment: As mentioned in paragraph 3.2 above, a survey and remedial strategy has been produced and the applicant/owner is obliged under separate non-planning legislation to deal with the knotweed regardless of the outcome of this planning application.
Impact on Infrastructure (Schools, roads, Doctors, Dentists, Sports pitched, Bus Services).
Comment: The impact on existing school provision can be dealt with as previously described. In terms of the existing road network NLC Traffic and Transportation has expressed no objections to the proposal. In general terms and with regard to the other services mentioned, in the context of adjacent residential developments it is considered that the proposed development is of a scale that will not significantly impact on these services.
Impact of Traffic generation caused by proposed development and associated construction traffic.
Comment: As previously stated, NLC Traffic and Transportation has expressed no objections to the proposal. In terms of construction traffic, any developer is bound by existing Environmental Health legislation.
Loss of habitat/woodland.
Comment: In this case, NLC Greenspace has expressed no objections to the proposal and the findings of the submitted Ecology Report subject to the actions specified in the report being carried out. This can be covered by planning condition.
Drainage Issues – Poorly drained peatbog with flooding issues.
Comment: SEPA requested that a Flood Risk Assessment be carried and has confirmed that that it is satisfied with the report and the identified remedial actions as noted in paragraph 6.1 above.
Coalescence of small villages into conurbations.
Comment: This point is noted, however in this case, it is considered that the proposal accords with the relevant local plan zoning and policies.
Fence at 5 Neuk Avenue should be retained without access to Right of Way.
Comment: This point is noted, however, this fence and R.O.W. is outwith the application site and proposals pertaining to it. As such, it should remain unaffected by any construction works.
Detrimental impact on structural soundness of 56 Station Road caused by construction works and increased traffic.
Comment: This point is also noted. However, in this case as in any other construction site including the existing construction site to the south, any developer has a legal obligation to ensure that the structural integrity of any nearby buildings is not detrimentally affected either by construction works or construction traffic.
9. Conclusions
9.1 In conclusion, it is considered that this proposal is acceptable in terms of the relevant policies and would be acceptable in terms of residential amenity. As such, the proposal is considered to comply with Policies HCF1 A, DSP 3, NB1 A4a and DSP 4 of the North Lanarkshire Local Plan and this application is therefore recommended for approval. It should be noted that if Committee is minded to grant a Legal Agreement requires to be satisfactorily concluded in relation to an Education contribution and Affordable Housing before any Planning Permission is granted.
Application No: Proposed Development:
17/01090/FUL Residential Development of 111 Dwellinghouses Including Associated Roads, Drainage and Open Space Site Address:
Meadowhead Road Craigneuk Wishaw
Date Registered:
6th July 2017
Applicant: Agent: Keepmoat Homes N/A 1 Cambuslang Way Cambuslang Glasgow Scotland G32 8ND
Application Level: Contrary to Development Plan: National Application No
Ward: Representations: 19 Motherwell South East And Ravenscraig No letters of representation received. Kenneth Duffy, Agnes Magowan, Alan Valentine, Nathan Wilson,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development meets the criteria set out in the residential policies contained within the North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the site, the surrounding mixed use area and is without detriment to the visual amenity at this particular location of Ravenscraig.
Reproduced by permission of Planning Application: 17/01090/FUL the Ordnance Survey on Name (of applicant): Keepmoat Homes behalf of HMSO. © Crown Copyright and database right Site Address: Meadowhead Road 2009. All rights reserved. Craigneuk, Wishaw Ordnance Survey Licence Development: Residential Development number 100023396. of 111 Dwellinghouses Including Associated Roads, Drainage and Open Space
Proposed Conditions:-
1. That the development hereby permitted shall be carried out strictly in accordance with the approved details shown on the following drawings, or such other details that require to be confirmed via conditions, and no change to those details shall be made without prior written approval of the Planning Authority:
RNC (10) 01 (Location plan) RNC (10) 10 Rev X (Site layout) RNC (10) 40 Rev C (Cross section) RNC (10) 30 Rev B (Streetscene) 16-093-20 Rev H (Drainage layout sheet 1) 16-093-21 Rev H (Drainage layout sheet 2) 16-093-30 Rev G (Levels layout sheet 1) 16-093-31 Rev G (Levels layout sheet 2) 16-093-51 (Refuse vehicle swept path analysis) 16-093-52 (Fire tender swept path analysis) 2014/1197-PL Rev A (Braemar house type) 2014/902v1-PL (Fyvie house type) 2014/984-PL (Huntly house type) 2014/719&788-PL Rev A (Drum house type) 2014/721Mid-PL (Balmoral house type) 2014/783-PL Rev A (Blair house type) 2014/906-PL Rev A (Buchanan house type) 2014/1033-PL (Roxburgh floor plans) 2014/1033-PL-E (Roxburgh elevations)
Reason: To clarify the drawings on which this approval of permission is founded.
2. That notwithstanding the information contained within reports titled ‘Remediation Method Statement Report. Meadowhead Road, Motherwell’ by Mason Evans Partnership Limited dated May 2017 (Report Ref: P16/206. 1st Edition), and ‘Remediation Method Statement Report. Meadowhead Road, Motherwell’ by Mason Evans Partnership Limited dated November 2017 (Report Ref: P16/206. 2nd Edition), a further remediation report shall be submitted to, and for the approval of the Planning Authority, which satisfies the outstanding queries as contained within the response from Protective Services dated April 2018.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.
3. That any remediation works identified by the report agreed in terms of Condition 2 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling or flat shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.
Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.
4. That before the development hereby permitted commences, full details of the proposed trickle ventilation solution to windows as recommended in section 5 of report titled ‘Noise Impact Assessment, Meadowhead Road, Craigneuk, by REC dated 24th November 2017 and confirmation of the plots affected shall be submitted to, and approved in writing by the Planning Authority. Thereafter, prior to each affected dwelling or flat becoming occupied, a certificate shall be submitted by an appropriately qualified acoustic engineer certifying that the mitigation measures have been installed in accordance with the agreed specification.
Reason: To ensure the installation of appropriate noise mitigation measures in the interests of the amenity of future residents. 5. That the surface water drainage scheme approved in terms of Condition 1 and as shown on approved drawing nos. 16-093-20 Rev H (Drainage layout sheet 1), and 16-093-21 Rev H (Drainage layout sheet 2) and discussed in report ‘Surface Water Management Plan, Ravenscraig, North Lanarkshire’ by Indev Consult dated May 2018, shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority prior to the occupation of the first dwellinghouse or flat hereby approved confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of future residents within the site.
6. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
7. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls, roofs, windows, doors and downpipes shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail.
8. Notwithstanding the requirements of Condition 1 above and before the development hereby permitted commences, details of the design and material finishes of a site entrance feature at both the vehicular access and separate strategic pedestrian/cycle route off Meadowhead Road, shall be submitted to and approved in writing by the Planning Authority, and thereafter shall be constructed in accordance with the details approved under the terms of this condition prior to the occupation of the first dwellinghouse or flat, unless another timeframe has been agreed in writing by the Planning Authority.
Reason: In the interests of the visual amenity of the site and the general area.
9. That before the development hereby permitted commences, the design, location and finishing materials for the fences, gates and walls shall be submitted to, and approved in writing by the Planning Authority. Thereafter all fences, gates and walls shall be erected in accordance with the details approved under the terms of this condition, unless agreed otherwise in writing by the Planning Authority.
Reason: To ensure the provision of appropriate boundary treatments in the interests of the visual amenity of the surrounding area.
10. Notwithstanding the generalities of condition 9 above, details of the elevation design, height, location, and finishing materials for the proposed retaining wall along the western boundary, shall be submitted to, and approved in writing by the Planning Authority and thereafter implemented in accordance with the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail in the interests of the visual amenity of the area.
11. That BEFORE the development hereby permitted starts, a scheme for the provision of 11 affordable housing units on the site shall be submitted to, and approved in writing by the Planning Authority. Unless otherwise agreed in writing by the Planning Authority, no more than 60 units of market housing shall be occupied until the affordable housing has been provided in accordance with the terms of the approved scheme.
Reason: to ensure the provision of affordable housing on the site.
12. That the land cross-hatched pink as shown on approved drawing no. RNC (10) 10 Rev X shall be safeguarded from development, other than for landscaping works, details of which are to be approved under condition 22 below, to retain potential for the future development of a vehicular link for light traffic to the wider Ravenscraig site should this be deemed necessary under the revised Masterplan proposals.
Reason: To facilitate the provision of a future vehicular link to the wider Ravenscraig site.
13. That junction radii for the access shall be 7.5 metres and a visibility splay of 4.5 metres x 60 metres shall be provided and maintained in both directions along Meadowhead Road. Before the development hereby permitted is brought into use, everything exceeding 900mm in height above the road channel shall be removed from the sight line areas and, thereafter, nothing exceeding 900mm in height above the road channel level shall be planted, placed, erected, or allowed to grow within these sight lines.
Reason: In the interest of vehicular and traffic safety.
14. That before the development hereby permitted starts, details of, and a timescale for, relocating the existing bus stop on Meadowhead Road, shall be submitted to, and approved in writing by the Planning Authority and thereafter implemented in accordance with the terms agreed under this condition.
Reason: To ensure the provision of suitable bus stop facilities within the area.
15. That the footway on Meadowhead Road shall be widened to 3 metres to comprise a combined footway/cycle lane and reinstated to full up-stand kerb where required, and link with a further 3 metres wide combined footway/cycle lane leading north between Meadowhead Road and the over- bridge and also leading to the north-west corner of the site, all as shown on approved drawing no. RNC (10) 10 Rev X to the satisfaction of the Planning Authority and be constructed to an adoptable standard and implemented within a timescale agreed under the terms of this condition.
Reason: To ensure the provision of satisfactory pedestrian/cycle facilities within the site.
16. That no dwelling or flat hereby permitted shall be occupied until the road and footway adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
17. That before the last of the dwellings or flats hereby permitted are occupied; all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
18. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, cycle path, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the materials shall be a well considered palette to reflect the aims of Designing Streets.
Reason: In the interests of amenity and design by ensuring that the materials are appropriate for the site.
19. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:
Details of the proposed phasing of all works; Details of all on-site construction including means of access to the site; and Details of the site compound.
Reason: In the interests of the amenity of the area.
20. That before the development hereby permitted starts, a scheme for the provision of a play area within the site as indicated on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this scheme 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, gates and animal grids to be provided around the play area; and (d) details of a DDA compliant access;
Reason: To ensure the provision of adequate play facilities within the site.
21. That before the occupation of the 75th dwellinghouse within the development hereby permitted, all works required for the provision of the equipped play area approved under the terms of Conditions 20 above, shall be completed to the satisfaction of the Planning Authority.
Reason: To ensure the provision of adequate play facilities within the site.
22. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) Details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a detailed scheme of biodiversity enhancement, seasonal shrub planting and trees within the woodland buffer along the north boundary, the SUDS facility, the play area, and the pedestrian and vehicular site entrances off Meadowhead Road; (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. In particular, where possible, attempts should be made to retain existing planting within the vicinity of the existing site access. For the avoidance of doubt all trees shall be protected in accordance with the recommendations in BS 5837:2012 Trees in Relation to Design, Demolition and Construction with particular care to be applied to the woodland adjoining the north and north-east boundary designated as a Site of Importance for Nature Conservation (SINC); (d) A detailed timetable for all landscaping works within the site and shall set out that the works be carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail.
23. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 22 above, shall be completed in accordance with the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the last dwellinghouse becoming occupied, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity
24. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the footpaths and shared parking areas; (b) the proposed grassed, planted and landscaped areas, in particular at the vehicular and pedestrian entrances and woodland buffer along the northern boundary; (c) any communal fences and walls and the retaining wall on the western boundary; (d) play provision within the site; and (e) SUDS facility
Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.
25. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 24 shall be in operation.
Reason: To ensure the implementation of the management and maintenance scheme in the interest of amenity.
26. That before works start on site, an update to the survey titled ‘Meadowhead Road Protected Species Survey’ dated May 2017 by Enviro Centre, shall first be submitted to, and approved in writing by the Planning Authority. Should this survey identify evidence of protected species within the site and require any mitigation measures, these measures shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007.
27. Notwithstanding the terms of condition 26 above, before development starts, a pre-start survey shall be undertaken to determine the presence of badgers. Should badgers be identified, any mitigation measures for their protection or relocation shall be submitted to, and approved in writing by the Planning Authority and thereafter implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. In addition, the general good practice recommendations contained within section 4.2 of the report titled Meadowhead Road Protected Species Survey dated May 2017 by Enviro Centre shall be carried out to the satisfaction of the Planning Authority.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007.
Background Papers:
Consultation Responses:
Letter from Central Scotland Green Network Trust received 11th August 2017, 18th October 2017, 23rd October 2017, 22nd November 2017, 1st December 2017, and 15th March 2018 Letters from Scottish Environment Protection Agency received 7th August 2017 and 13th October 2017 Letter from Scottish Gas Network received 11th July 2017 Letters from Scottish Water received 11th July 2017 and 21st July 2017 Letter from the Coal Authority received 24th July 2017 Memos from Transportation received 31st August 2017, 29th November 2017, 6th December 2017, 21st February 2018, 20th April 2018, 24th April 2018, and 4th May 2018 Memos from Protective Services received 21st July 2017, 6th September 2017, 23rd October 2017, 30th November 2017, 31st January 2018, 14th March 2018, 17th April 2018, and 20th April 2018 Memo from Education received 3rd August 2017 Memos from Housing received 8th August 2017, 17th August 2017, 26th March 2018 and 5th April 2018 Memos from Play Services received 13th July 2017, 21st August 2017, 24th November 2017, 6th February 2018, and 19th March 2018 Memo from Greenspace received 18th August 2017
Contact Information:
Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01236 632500.
Report Date:
4th May 2018 APPLICATION NO. 17/01090/FUL
REPORT
1. Site Description
1.1 The application site comprises the area formerly occupied by the Ravenscraig offices within its south eastern corner fronting Meadowhead Road in Craigneuk. The site extends to approximately 4.2 hectares and is generally flat but subject to a gentle downwards slope on a south-westwards course. The site mainly comprises rough scrubland but there is semi-mature woodland directly adjoining its north and eastern edges which sit on a substantial downwards bank heading northwards and are designated Sites of Importance for Nature Conservation (SINCs). Some trees/bushes also exist either side of the vehicular access. Areas of tarmac remain and define the former layout of access roads and parking areas in association with the office accommodation where onwards connection to the wider Ravenscraig site was gained via an over-bridge at a former railway line. There is currently no direct route along Meadowhead Road leading eastwards from the roundabout with Craigneuk Street and Shieldmuir Street as the road turns away into the site solely leading north to the over-bridge. Onward journeys to the east on Meadowhead Road are separately gained via the nearby Carfin Road which similarly turns away creating a segregated type of crossroads. The wider Ravenscraig site exists to the north, local authority housing exists to the east and south, whilst a mixed use area comprising Flemington Industrial Estate, residential, commercial, public worship, and an area of vacant land owned by the Council lie to the west.
2. Proposed Development
2.1 Permission is sought for residential development of 111 dwellinghouses comprising flats, terraced, semi-detached, and detached properties, all two storey and offering a range of 2-4 bedroom accommodation. Eight cottage flats and three terraced dwellings will be taken over by NLC in order to meet the requirements of 10% affordable housing provision for developments within Ravenscraig. It is proposed to re-introduce a direct route along Meadowhead Road with sole vehicular access being relocated to the eastern frontage of the site via a priority junction arrangement. A separate 3 metres wide combined footway and cycle lane will be provided in similar alignment to that of the previous route to the bridge and will link with a remote path heading to the north west corner, whilst the existing footway fronting the site will be upgraded to a 3 metres wide combined footway/cycle lane in complement with these links. A central play area, visitor parking, SUDS pond, and amenity landscaping complete the scheme.
3. Applicant’s Supporting Information
3.1 The applicant submitted supporting information in respect of the following:-
Pre-application consultation report; Design and access statement; Transport assessment; Street Engineering Review; Road Safety Audit; Ecology report; Tree Survey; Flooding and drainage assessments; Site investigation; Noise impact assessment; Coal Mining Risk Assessment; and District Heating Feasibility Study.
3.2 The Pre-Application Consultation report summarised the public event which was held on 3rd November 2016 at the Jim Foley Community Centre and was publicised in the Motherwell Times beforehand.
4. Site History
4.1 The original Ravenscraig Masterplan permission 01/00758/OUT promoted residential development of this site. However condition 12 of the permission required that any reserved matters applications be submitted following approval of an Area Development Brief (APB) and that developments comply with the parameters set by the Brief. The APB for housing development only covers the north and western parts of Ravenscraig taking in the established David Wilson Homes and Taylor Wimpey developments, whilst more recently consents have been awarded within the western Cleekhimin area to be taken forward by Barratt and Taylor Wimpey. In terms of the application site, in the absence of benefitting from an APB, it cannot be submitted as a Matters Subject to Conditions (MSC) application but must instead be considered as a stand-alone detailed application hence the ‘FUL’ suffix. In turn, it also constitutes a National Development.
4.2 Application no. 18/00463/PPP was submitted in March seeking to revise the 2001 Masterplan and is currently under consideration.
5. Development Plan
5.1 The site is zoned as Policy HCF 2A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012.
5.2 The site is also identified as a Development Strategy Area Priority (DSAP2- Ravenscraig) in the North Lanarkshire Local Plan.
6. Consultations
6.1 Scottish Gas Network raised no objections to the proposals.
6.2 Scottish Water confirmed there is currently capacity within the water and waste water treatment works to serve the development.
6.3 SEPA originally objected to the development due to the absence of a feasibility study into the potential for providing a district heating system on the site. Following submission of the necessary study which concluded it would be more costly than a traditional installation at this location, SEPA withdrew their objection. They also confirmed acceptance of the terms of the flood risk and drainage assessment which concluded flood risk is low and can be managed appropriately.
6.4 The Coal Authority accepted the findings of the Mining Risk Assessment (contained within the site investigation report), that no mitigation measures were required but requested that an advisory note be added to any permission advising caution from potential mining hazards.
6.5 Central Scotland Green Network Trust (CSGNT) requested that the existing footway on Meadowhead Road be widened to enable the provision of a combined footway/cycle lane. They also sought a combined arrangement between Meadowhead Road and the over-bridge, with a further remote path to branch off to the north-west corner of the site leaving potential for a future link to the other bridge carrying the stone date tablet. They sought the inclusion of these paths as complementary additions to their aspirations to provide links to Ravenscraig from the wider Wishaw and Motherwell areas.
6.6 NLC Education acknowledged this development is linked to the 2001 Masterplan permission that is covered by a section 75 agreement that addressed developer contributions for education facilities for the Ravenscraig site and therefore no further contribution is required as part of this application.
6.7 The Affordable Housing Section confirmed the Council would be purchasing eight cottage flats and three terraced dwellings, subject to valuations being agreed, thereby meeting the 10% affordable provision requirement for sites in Ravenscraig.
6.8 NLC Greenspace accepted the findings of the protected species report but noted a re-survey would be required if development commenced more than one year following the date of the report. They also requested that a pre-start check for badgers be carried out and that the landscaped buffer to the SINC area be conditioned.
6.9 NLC Play Services advised they were satisfied with the play area arrangements subject to confirmation of the type of equipment to be installed.
6.10 NLC Protective Services confirmed they would be happy to accept the imposition of conditions seeking further information on site investigation and remediation, and on the proposed ventilation system to windows as required under the noise impact assessment.
6.11 NLC Transportation raised no objections to the proposals and accepted the findings of the Street Engineering Review (SER) which demonstrates that the site should operate efficiently and safely. If approved, conditions would be required to ensure suitable sightlines, parking, and surfacing are provided.
7. Representations
7.1 No letters of representation were received following press advertisement and neighbour notification procedures.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and can therefore be assessed in terms of the local plan policy. The site is zoned under Policy HCF 2A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012.
8.2 The site is located within Ravenscraig which is identified as a Development Strategy Area Priority (DSAP2). The proposed residential development accords with this DSAP as it supports the regeneration of this former industrial site.
8.3 Policy HCF 2A1 (Sites for Short Term Housing Development) supports residential development being brought forward in the short term. The proposals are acceptable in principle and will be subject to detailed assessment discussed below. The developer has also advised they intend to commence works shortly after securing planning permission and building warrant in compliance with this policy.
8.4 The proposed development also requires to be assessed against Development Strategy Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1, the proposal falls within sites allocated for residential development as detailed in paragraph 8.3 above. The amount of development is therefore considered to be acceptable.
8.5 In terms of DSP2 (Location of Development) new development may be granted if consistent with the locational criteria. The principle of housing on this site has been established by virtue of the previous outline Masterplan permission for a mixed use development. Furthermore the proposed development would utilise a long term vacant site and is therefore considered to comply with the objectives of policy DSP2.
8.6 Policy DSP3 (Impact of Development) requires developers to meet or contribute to the cost of providing or improving community facilities or infrastructure as a result of the additional demands arising from the proposals on its own or in conjunction with existing developments. As mentioned above in paragraph 6.6, Education acknowledged this development is linked to the 2001 Masterplan permission that is covered by a section 75 agreement that addressed developer contributions for education facilities for the Ravenscraig site and therefore no further contribution is required as part of this application. The 10% proposed affordable housing provision will be secured by condition. As mentioned above in paragraph 6.7, NLC Housing intend to acquire 11 units from the developers for social rental. There has been no other need for infrastructure upgrades identified. The proposal therefore complies with the objectives of policy DSP3.
8.7 Policy DSP4 (Quality of Development) seeks to achieve a high quality of development by taking account of the surrounding context and ensuring proposals minimise any adverse environmental impact or loss of residential amenity. Proposals must achieve a high quality of design, creating a sense of place by incorporating open space, landscaping with a layout that provides a safe and convenient environment. Design Principles
8.8 Whilst the site does not benefit from an APB, the developer has designed the layout taking cognisance of the APB covering the north and west areas of Ravenscraig in attempts to emulate the design spirit and intent of the parameters set in order that it forms a complementary addition within Ravenscraig similar to established developments and those recently consented. In addition, the layout also incorporates features in compliance with Designing Streets. Careful consideration has been applied to create a welcoming gateway to the site both at the vehicular access and separate combined footway/cycle lane off the Meadowhead Road frontage where spacious areas of landscaped open space will be provided improving the appearance of the streetscene and providing an appropriate setting for the dwellings. Dual frontage house styles are incorporated within corner plots to provide active elevations whilst vistas are created via buildings or landscaping at main nodes creating visual interest across the site. A variety of house styles offer a mix of accommodation and all plots are served by adequate garden ground.
8.9 In considering the location of the site in relation to neighbouring residential properties, it has been demonstrated that the layout and design has been developed without adverse impacts on neighbouring amenity in respect to sunlight/daylight, levels and privacy, with appropriate standards being achieved. Due to level changes, a retaining wall will be required on the western boundary adjoining a vacant site and a condition is recommended if the application is approved, requiring details of the design and finish of the wall to ensure its suitability given the visually exposed position. Following detailed assessment, it is considered that the proposals are acceptable on design grounds.
Transportation Considerations
8.10 The application has been live for a lengthy period but significant delays were incurred due to protracted negotiations to retain and upgrade vehicular access to the wider Ravenscraig site and provide a direct route along Meadowhead Road. It had been considered that potential existed for a third main access to the wider Ravenscraig site to be provided at this south-eastern corner. Discussions were undertaken exploring means to provide a large roundabout to cater for all vehicle types and which would have sufficient capacity to conduct the anticipated traffic flows likely to result from its status as a third access. This was to be formed at the location of the current segregated crossroads and would have provided a direct route along Meadowhead Road, whilst the arm leading northwards to the over-bridge would be upgraded to a distributor road. However, investigations into the structural stability of the bridge, dictated that it would be unable to conduct anything other than light traffic and pedestrians/cyclists. Upgrading of the bridge was deemed to be cost prohibitive and hence it was accepted that aspirations to create a third main access in this area could not now take place and this is reflected in the current revised Masterplan application which only details a strategic pedestrian/cycle route. In turn, these changes necessitated an entire re-design of the site layout.
8.11 The finalised proposal results in the provision of a through route along Meadowhead Road with the segregated crossroads removed. Former vehicle access through the site was deemed private owing to the existence of perimeter fencing and gates which prevented general public access and therefore its reconfiguration does not require a Stopping Up Order. Nevertheless, Transportation have already concluded a Traffic Regulation Order under their remit acknowledging the forthcoming changes in road layout. Vehicle access to the site will be relocated to the eastern frontage and gained via a sole junction. As noted earlier, a separate 3 metres wide combined footway/cycle lane will be provided largely continuing the line of the former vehicular access between Meadowhead Road and the over-bridge. Land will be set aside forward of the over-bridge to retain the possibility for a future vehicle connection for light traffic between it and the internal estate road should this be deemed beneficial as part of the ongoing revised Masterplan discussions and a condition is recommended to secure this should permission be granted. Meantime, it will be part of an area of landscaped open space and subject to contractual obligations between Ravenscraig Ltd and Keepmoat to retain the opportunity to deliver the road if required in the future. Within this vicinity, a second remote 3 metres wide footpath/cycle lane will lead towards the north-west limits of the site again providing potential for a link to be taken forward at a later date to access the historic bridge, whilst the footway on Meadowhead Road will be upgraded to a 3 metres wide combined footway/cycle lane along the entire site frontage. These combined foot/cycle paths were provided at the request of CSGNT as they will provide complementary additions to their aspirations to provide links to Ravenscraig from the wider Wishaw and Motherwell areas.
8.12 Turning to the internal layout, there is no longer a requirement for a distributor road and hence the roads within the development will comprise standard residential roads. The layout is based on Designing Streets principles and uses buildings, landscaping, and plot boundaries to alter routes acting as traffic calming measures and creating a varied streetscape. A Street Engineering Review (SER) was submitted confirming that the layout enables manoeuvring for emergency services, refuse collection, and limits vehicle speeds to safe limits confirming that the site should work efficiently and safely. Dedicated parking is provided for each dwelling or flat, whilst adequate visitor parking is also accommodated. Transportation raised no objections to the proposals and they are considered acceptable on roads grounds.
Landscape & Ecology
8.13 Supplementary Planning Guidance (SPG) 01 (Landscaping) recognises that one key element of successful schemes is an attractive well designed landscape whilst SPG 02 (Trees and Development) seeks to ensure that existing planting is retained as an asset to new development, giving instant maturity and retaining natural visual amenity. Similarly, Policy NBE 1A4 (Protecting the Natural and Built Environment: Sites of Importance for Nature Conservation (SINC)) notes that permission will only be granted for developments potentially affecting these sites if it can be satisfactorily demonstrated there will be no adverse effect. As noted above in paragraph 1.1, the site directly adjoins woodland designated as a SINC at the north and east edges. In addition, a tree survey was submitted with the application detailing existing planting on the site and their attributes (age, health etc.). The finalised proposal details a buffer area to this woodland of up to 16 metres depth in some parts to comprise landscaped open space separating the plots from the woodland providing added protection and additional visual amenity. Greenspace confirmed they were satisfied with this arrangement and requested that the buffer be conditioned. A condition has duly been recommended in the event permission is granted. The finalised layout leaves potential for some of the existing planting to be retained adjacent to the segregated crossroads and become incorporated within the new proposed landscape gateway to the footway/cycle lane leading north. A condition is again recommended if the application is approved, seeking details of planting to be retained. Soft landscaping is also distributed throughout the site particularly at main nodes and entrances as discussed earlier. The play area will occupy a fairly central position beneficially set within amenity landscaping creating a focal point where it will be well overlooked and accessible. The size meets standards and Play Services are satisfied with the proposals. Conditions are recommended if the application is approved, to secure details of appropriate equipment for the site. Overall, the proposals are considered acceptable in terms of landscaping and play provision in compliance with the policy and SPGs.
8.14 In terms of ecology, Policy NBE 1A6 (Protecting the Natural and Built Environment: Protected Species) and SPG 20 (Biodiversity & Development) indicate that development that significantly affects a species protected by law will only be permitted where an appraisal has demonstrated that the protected species would not be compromised. An ecological appraisal was undertaken on the site to determine the existence of suitable habitat for, and evidence of bats and badgers. Whilst no protected species were recorded, the site is considered to offer suitable habitat for badgers and a pre-start survey for badgers is requested by Greenspace and a condition is recommended to address this matter. They also noted that should works not have commenced within one year of the original survey, an updated survey will be required and a condition is also recommended in this respect. The proposals are therefore considered to comply with this policy and SPG.
Flooding and Drainage
8.15 SPG 09 (Flooding & Drainage) requires that applicable developments demonstrate any risk and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. A flood risk assessment was undertaken on the site and was deemed to pose a low risk for flooding. SUDS are proposed for installation and involve the formation of a SUDS basin at the south east corner of the site which with suitable planting will link with adjacent areas of open space and contribute to the visual amenity of the site. Conditions are recommended to ensure that all requirements of Scottish Water, SEPA and general SUDS principles are satisfactorily achieved. The proposals are therefore considered to comply with this SPG
Environmental Considerations: Site Investigation and Noise
8.16 Remediation strategies were submitted in respect of site investigation but did not fully address queries raised by Protective Services. Protective Services confirmed they would be content to accept the imposition of conditions covering these queries which would allow any requirements for further information to be dealt with via the discharge of conditions process prior to development commencing on site. Conditions are recommended in the event the application is approved. A noise impact assessment (NIA) was also undertaken to address the impact from the Flemington Industrial Estate to the west and general road traffic noise. The NIA concluded no adverse effects from the industrial estate whilst noting traffic noise could be suitably addressed via the provision of trickle vents to windows. Protective Services accepted the findings of the report and requested that further details be submitted detailing the exact ventilation methods to be installed. A condition is also recommended in this respect.
8.17 Drawing together consideration of the North Lanarkshire Local Plan, it is concluded that the proposals are in accordance with the relevant policies and SPGs.
Consultation Responses
8.18 In terms of consultation responses not covered in the discussion above, if approved, an advisory note will be attached in respect of mining risk to satisfy the Coal Authority;
9. Conclusions
9.1 Overall the proposals are considered to comply with the Development Plan and will represent a well designed development contributing to the quality of the Ravenscraig area and will introduce beneficial construction activity and housing opportunities for the Craigneuk community at this part of the Ravenscraig site. It is hereby recommended that planning permission be granted.
Application No: Proposed Development:
17/01508/PPP Class 4 (Business), Class 5 (General Industrial) and Class 6 (Storage and Distribution) Development with Associated Landscaping, Service Facilities, Highways Infrastructure, Parking and Other Ancillary Works
Site Address:
Site South Of 401 Edinburgh Road Newhouse
Date Registered:
11th September 2017
Applicant: Agent:
Arrandale Ltd Houghton Planning Ltd c/o Agent 102 High Street 102 High Street Dunblane 102 Stirling Dunblane United Kingdom Scotland FK15 0ER FK15 0ER
Application Level: Contrary to Development Plan:
Major Application Yes
Ward: Representations:
16 Mossend And Holytown Three letters of representation received. David Baird, Frank McNally, Jim Reddin,
Recommendation: Refuse
Reasoned Justification:
The proposed development is considered to constitute an inappropriate and unjustified development in the Green Belt as there is no planning policy justification. Material considerations proposed in support of the development do not outweigh the provision of the Development Plan as well as those policies in the Local Plan which protect the Green Belt against inappropriate development.
Reproduced by permission of Planning Application: 17/01508/PPP the Ordnance Survey on behalf of HMSO. © Crown Name (of applicant): Arrandale Ltd, Copyright and database right 2009. All rights reserved. Site Address: Site South Of 401, Edinburgh Ordnance Survey Licence number 100023396. Road, Newhouse, North Lanarkshire
Development: Class 4 (Business), Class 5 (General Industrial) and Class 6 (Storage and Distribution) Development with Associated Landscaping, Service Facilities, Highways Infrastructure, Parking and Other Ancillary Works
Recommendation: Refuse for the Following Reasons:-
1. The proposed development is contrary to the Policy 5 (Strategic Economic Investment Locations) of the Clydeplan Strategic Development Plan 2017 and policies DSP1 (Amount of Development) and DSP2 (Location of Development) of The North Lanarkshire Local Plan 2012 as there is already available brownfield land and vacant accommodation in Strategic Economic Investment Locations designated for the uses proposed and the proposal is not required to address a shortfall in supply of commercial land. The proposal does not direct development to the most appropriate sites and would not safeguard or promote Strategic Economic Investment Locations.
2. The proposed development does not accord with the Spatial Development Strategy and Policy 14 (Green Belt) of the Clydeplan Strategic Development Plan 2017 and DSP 2 (Location of development) and NBE3A (Green Belt) of the North Lanarkshire Local Plan 2012 and Supplementary Planning Guidance 07 (Green Belt) as it would result in an inappropriate and unjustified incursion into the designated Green Belt.
3. The proposal does not meet the strategic criteria for Sustainable Location Assessment (As contained in diagram 10) of the Clydeplan Strategic Development Plan 2017 as it is not considered to make a significant contribution to sustainable development and there is insufficient evidence to demonstrate that it would result in a significant benefit that would necessitate a departure and subsequent loss of this Green Belt site.
Background Papers:
Consultation Responses:
Memo from Transportation received 3rd May 2018 Memo from Protective Services received 24th October 2017 Memo from Greenspace received 30th October 2017 Letter from Scottish Environment Protection Agency (SEPA) received 12th October & 1st December 2017 Letter from The Coal Authority received 16th January 2018 Letter from Scottish Power Environmental Planning 28th September 2017 Letter from Scottish Water received 29th September 2017 Letter from Scottish Gas Network 26th September 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500
Report Date:
7th May 2018 APPLICATION NO. 17/01508/PPP
REPORT
1. Site Description
1.1 The site is approximately 10.8 hectares of agricultural fields to the south west of the Newhouse Roundabout between Biggar and Motherwell Road. The levels on site are undulating with natural contours falling downwards gradually from east to west. The site is surrounded by a service compound, open space and a garden centre to the east, farm buildings and fields to the south and more fields and a dwelling with some light industrial units to the west. To the north is the Co- Operative and Brakes Distribution Centres with the M8 beyond. A high voltage overhead power line runs through the site diagonally.
2. Proposed Development
2.1 Planning Permission in Principle is sought for a development that would accommodate Class 4 (Business), Class 5 (General Industry) and Class 6 (Storage and Distribution) uses. An indicative site plan has been submitted showing four units. Two larger class 6 (storage) units (1800 sq m & 7989 sq m) are contained with a class 5 (Industrial) unit (3700 sq m) and smaller, two storey class 4 (Business) unit (3700 sq m) all sharing an access from the existing roundabout serving ‘Brakes’ on Edinburgh Road, each with their own yard areas with parking and servicing.
3. Applicant’s Supporting Information
3.1 The following reports have been received in support of the application:
Pre-Application Consultation Report Design and Access Statement Coal Mining Risk Assessment Flood Risk Assessment Landscape and Visual Appraisal Noise Assessment Planning Statement Ecological Assessment Transportation Assessment
3.2 At this stage, whilst the development is speculative in nature, the applicant has provided written interest from one company called ‘Thermohouse’ who are an Irish based manufacturing company providing materials to the construction industry.
4. Site History
4.1 A Proposal of Application Notice was submitted for a wider development site which this development falls within but included additional land to the south (reference: 17/00598/PAN).
4.2 A request for an EIA screening opinion was also received for the wider site (reference: 16/01136/EIASCR) where it was determined that a development of this nature and scale would not require an Environmental Impact Assessment.
5. Development Plan
5.1 This application is of a strategic scale and must be considered both in terms of the Strategic Development Plan (Clydeplan (SDP) 2017) and Local Plan (North Lanarkshire Local Plan) 2012 which designates the site as NBE3 A (Green Belt)
6. Consultations
6.1 The following consultation comments were received:
Transportation raised no objections subject to conditions that the roundabout where the development proposes to take access would require to be upgraded and also that the development would have an adverse impact on the Newhouse Roundabout and that works would also be required at that junction to mitigate the impact of the development. They also made comments about the indicative layout, parking and pedestrian provision along the frontage. Protective Services advised that nearby properties may be affected by noise from the development. Upon receipt of a noise impact assessment they concluded that, as the proposal is speculative in nature, and limited details are available at this stage, there is insufficient information to determine if noise mitigation measures are necessary. In the event of mitigation being necessary they are unable to summarise how effective such mitigation could be. Scottish Power object to the development on the basis that they have high voltage overhead lines through the site and an operational substation in the vicinity of the site. Scottish Water raised no objections. The Coal Authority do not object to the proposal subject to the imposition of a condition or conditions securing remedial works to address underground conditions. Greenspace raised no objections to the findings of a preliminary ecological survey subject to conditions that its recommendations, and that of Greenspace, are secured via condition. SEPA do not object to the proposal subject to a condition requiring that the SUDS is designed and implemented in accordance with their guidance.
7. Representations
7.1 Three letters of representation were received following the neighbour notification and press advertisement from neighbouring properties and business owners who support the proposal on the basis that they consider it to have positive economic benefits and that it would remove an area of land they do not consider to be of value for agriculture.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise.
Clydeplan Strategic Development Plan 2017 (SDP)
Diagram 10 Assessments of Development Proposals
8.2 Diagram 10 is the relevant tool to determine compliance with the SDP, and, for those proposals which do not comply, it provides criteria for Local Authorities to use when deciding if a departure is acceptable. Firstly proposals must be considered against the relevant policy, schedules and diagrams appropriate to the type of development under consideration. In this instance Policies 14 (Green Belt) and 5 (Strategic Economic Investment Locations) apply. Those which do not comply are regarded as a departure and require further consideration against the criteria of Box 2 to determine if they are an acceptable departure. The relevant policy is as follows:
Policy 14 Green Belt
8.3 To ensure the proposal supports the delivery of the Spatial Development Strategy it must be considered against the following strategic objectives of Policy 14.
Directing Planned Growth to the most appropriate locations;
Response: As detailed later significant opportunities exist for the uses proposed within the nearby Strategic Economic Investment Location (SEIL) at Eurocentral and Newhouse Industrial Estate both in terms of available commercial land with the appropriate designation and available accommodation. Taking into account that no shortfall of suitable land for the uses proposed exists, the site is not considered to be an appropriate location for these types of development from a planning perspective. The only locational reason the applicant gives for development of this site is that companies may be attracted to it due to its proximity to the M8, however, all agreed and available SEIL’s also benefit from excellent links to the trunk road network. With targeted investment already planned to improve transport connections between the SEIL and the wider area, is considered to be the most appropriate location for the development proposed. In this respect the proposal is not considered to direct growth to the most appropriate location.
Supporting Regeneration
Response: The economic impact is discussed later, however, it is considered that the net impact of this development has not been sufficiently demonstrated. The appellant’s claims that many companies are interested and several jobs created is noted and it is also noted that ‘Thermohouse’ has expressed a written interest. However, there is no evidence to suggest that the refusal of this application would result in a loss of investment. There are several other sites in the vicinity within the appropriate designation where the uses proposed could be accommodated. As such, in the circumstances, there is limited evidence to suggest that a speculative proposal such as this would have such a significant positive impact on any specific regeneration priorities that would justify the loss of this area of countryside.
Creating and safeguarding identity through place-setting and protecting the separation between communities;
Response: It is not considered that the development would safeguard the identity of this greenbelt location. Conversely it would have a profound impact on the character of the site itself and set an undesirable precedent for similar development to the east, south and west further eroding this area of green belt. As such it is considered that the proposal would decrease the separation between communities, rather than protecting it.
Protecting and enhancing the quality, character, landscape setting and identity of settlements;
Response: It is considered that the proposal would have an adverse impact on the open rural and agricultural character of the site itself and land to the east, south and west. It is acknowledged that measures could be taken to reduce the impact on the landscape setting through the MSC process. It is also acknowledged that similar developments have been approved to the north, however, it is not considered that a development of the nature and scale proposed would protect or enhance the existing character of the site and those to the east, west and south.
Protecting open space and sustainable access and opportunities for countryside recreation;
Response: There is no evidence to suggest that it is used extensively for countryside recreation, however, as part of the wider green belt it is considered to serve a passive recreational amenity value which would be adversely affected by a development of the type proposed.
Maintaining the natural role of the environment, whether in terms of floodplain capacity, carbon sequestration or biodiversity;
Response: The supporting information confirms that the site does not serve any specific biodiversity function or is in a floodplain. In addition, in the event of permission being granted, the modern buildings would have to adhere to sustainable building standards to limit the carbon footprint of any development. However, the proposal would result in the permanent loss of an area of Countryside that is considered to be of value for the reasons already given. In this respect, the proposal is not considered to maintain a natural role for the environment.
Supporting the farming economy of the city region.
Response: The proposal is not considered to support the farming economy of the region taking into account the loss of agricultural land that would be required to accommodate the development.
Meeting requirements for the sustainable location of rural industries including biomass, renewable energy, mineral extraction and timber production.
Response: No evidence has been submitted that the proposal would have any potential to meet any specific of rural industries.
Policy 5 Strategic Economic Investment Locations
8.4 This policy identifies Strategic Economic Investment Locations (SEIL’s) and a Spatial Development Strategy requiring Local Authorities to safeguard and promote investment in the SEIL’s by taking cognisance of opportunities and challenges identified. Eurocentral, at a strategic level, falls within the Glasgow Airport Investment Area SEIL and is approximately 1 mile west of this site and is identified as being an appropriate location for Distribution and Logistics. The policy details significant accommodation available for business and distribution activities and additional opportunities for future development both within Eurocentral, Newhouse Industrial Estate and Mossend Railhead. The policy goes on to include opportunities for expansion of SEIL’s, where appropriate, and to provides circumstances where alternative uses would be supported.
8.5 The site does not fall within the Strategic Economic Investment Locations (SEILs) listed in schedule 3 and diagram 4. In addition, the nearby SEIL identifies significant existing accommodation and opportunities for development of the type proposed within Eurocentral, Newhouse Industrial Estate and Mossend Railhead all of which are being further enhanced through targeted infrastructure investment. There is no shortfall of suitable land for the uses proposed that would provide a justification for a speculative encroachment of additional industrial land into the Greenbelt. The proposed development, in seeking to attract investment, would be competing directly with the available accommodation and sites already designated for the uses proposed within the nearby SEIL. In that respect, it is not considered that the proposal would safeguard or promote the spatial development strategy.
Diagram 10 (Assessment of Development Proposals)
8.6 Taking the above assessment into account the proposal fails to accord with the relevant policy of Clydeplan SDP 2017. Accordingly the development is considered to be a departure from the SDP and must therefore be assessed further against the criteria in Box 2 to determine if it is an acceptable departure.
Makes a significant contribution to sustainable development particularly through enabling shift to sustainable travel modes and the contribution to carbon reduction;
Reason: It is not considered that this development will make a significant contribution to sustainable travel modes or contribute to carbon reduction. There is a bus stop in the vicinity of the site, however, it does not benefit from any other public transport links. The isolated position of the site and its close proximity to the M8 and road network is such that it is considered that the majority of people using the site will access it via car rather than more sustainable methods such as public transport, walking or cycling.
Provide significant net economic benefit including the need to accommodate inward investment that would otherwise be lost to the city region or Scotland;
Reason: The applicant predicts that employment, investment, rate increases and ‘secondary economic benefits’ all as being significant and highlights confirmation from ‘Thermohouse’ that they are interested subject to receiving Regional Selective Assistance (RSA). ‘Thermohouse’ say that they would intend to employ 200 people. Scottish Ministers in March 2016 produced Draft Advice on Net Economic Benefit and Planning. The applicant has briefly referenced this document in their supporting statement when concluding that they consider the economic benefit of the development to be significant. However, they have not addressed the issue that the development proposed is still mainly speculative at this stage nor have they referenced the multiple sites in the area which are available and designated for this type of development. No evidence has been submitted that any effort has been made to consider these sites, or, if they have been, why they have been discounted. Based on the information submitted therefore, and the draft advice on economic benefit, it is considered that the same development could be accommodated on another site in the local area which has already been identified as suitable for this type of development.
Accordingly there is no evidence that any future investment would be lost to the city region or Scotland if this application were to be refused. Not enough information exists to say with confidence that the development will result in a significant net economic benefit. In addition, no evidence suggests that those with an alleged interested in this site would not also be interested in nearby sites and existing available accommodation that is already identified for the uses proposed in the city region and Scotland.
Respond to economic issues, challenges and opportunities, including the protection of jobs or the creation of a significant number of net additional permanent jobs to the city region;
Reason: The applicant concedes that there is no shortage of industrial land or within strategic economic investment locations in the wider area. The number of jobs predicted to be created by ‘Thermohouse’ is 200, however, taking account that the proposal is still in principle and largely speculative at this stage, there is no certainty about what number of net additional permanent jobs will be created as a result of the development. At present it is not considered to be possible to conclude that the proposal will respond in any significant way to any specific economic issues or create a significant number of net permanent jobs to the city region.
Specific locational need;
Reason: The applicant has not identified any specific locational requirement for the development at this site other than it may be attractive to potential business due to its proximity to the road network. As detailed above it is considered that the development could be accommodated on one of the multiple other sites nearby which already have a presumption in favour for this type of development, and are also in close proximity to the same road network, without the need to encroach onto the green belt. Accordingly, given the speculative nature of the development and availability of vacant business units and land identified for the kind of uses proposed in the vicinity, it is not considered that an appropriate locational justification exists.
Protect, enhance and promote natural and cultural heritage, including green infrastructure, landscape and the wider environment;
Reason: The development of this Green Belt site for uses falling into class 4, 5 and 6 is not considered to protect, enhance or promote natural and cultural heritage and it is not considered that such a development would provide any environmental benefits.
Improve health and well-being by offering opportunities for social interaction and physical activity, including sport and recreation;
Reason: It is not considered that a development of the nature and scale proposed could offer any opportunities to improve health and well being and the supporting documentation does not provide any instances where the proposal could lead to an improvement in social interaction and physical activity.
Support the provision of digital connectivity in new developments and rural areas.
Reason: It is accepted that such a development could result in the site itself becoming more connected digitally but it is not considered that there would be any significant wider benefits to the local rural area that would occur form it.
In conclusion, the proposal is contrary to and not an acceptable departure from the Strategic Development Plan.
North Lanarkshire Local Plan 2012
8.7 The site is zoned as NBE 3A (Assessing Development in the Green Belt) in the Local Plan. Other relevant policy includes DSP1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Supplementary Planning Guidance 07 (Green Belt) is also of relevance.
8.8 NBE 3A seeks to protect the character and promote development in the Green Belt by restricting development to acceptable types such as agriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoor recreation. The associated SPG outlines the key purposes of the Green Belt as set out in Scottish Planning Policy (SPP) as including directing growth to the most appropriate locations, and to protect and enhance the landscape setting and identity of towns. The proposed mixed of Class 4 Business/Class 5 Industrial and Class 6 Distribution uses are not considered acceptable uses in the Green Belt. In this case, the proposed development is not included within the type of acceptable development as set out in Policy NBE3A and there is no justification to allow a departure based on any locational need for the development. In view of this it is considered that the proposed development is contrary to Policy NBE3A and SPG 07.
8.9 Policy DSP 1 states that the planned land supply for industrial and business land uses currently meet demands and further additions would require to be justified in terms of the supply and demand. The applicant acknowledges that the proposal does not meet a shortfall and is contrary to DSP 1. It is agreed that the proposal fails to comply with DSP 1.
8.10 Policy DSP 2 ensures proposals maintain clearly defined urban/rural boundaries and supports the inclusion of a hierarchy with walking and cycling at the top, followed by public transport before private transport. The applicant accepts that the proposal cannot be justified in terms of the criteria of this policy. The site is part of a wider area of green belt that is considered to be well defined and, as detailed above its location is not considered to reduce reliance on private cars and prioritising sustainable and active travel choices such as walking and cycling. Accordingly the proposal is not considered to comply with DSP 2.
8.11 Policy DSP 3 assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. Taking account of the recommendations of Transportation, off site road works would be required to mitigate and to ensure that the development would not have an adverse impact on the local road network. If the committee was minded to approve the application, conditions would be recommended to secure these road improvements.
8.12 Policy DSP 4 seeks to achieve a high quality of development by taking into consideration the site and its surrounding context and the design, layout, size and scale of proposals. It requires proposals to effectively mitigate any adverse impact on the nearest residents in terms of noise, air quality and gives consideration to the impact of development on residential amenity and any Transportation issues. The application is in principle only at this stage and it is considered that conditions could be secured to ensure that many of the finer details of the development could be assessed in depth at the MSC stage, where the full detail would be required. At this stage no approval is given for the indicative layout and the consultation responses suggest that there may be issues that would require a technical solution or mitigation. The proposal is not therefore contrary to DSP 4 subject to conditions to ensure that any adverse impacts could be sufficiently mitigated.
8.13 Drawing together consideration of the relevant policies set out in the North Lanarkshire Local Plan, it is concluded that the proposal is contrary to Policies DSP1, DSP2, and NBE3A and SPG 07, for reasons relating to unacceptable impact on the Green Belt. Taking account of the SDP position detailed earlier in the report together with the Local Plan assessment, it is therefore concluded that the proposal is contrary to the Development Plan and the application should be refused unless there are material considerations which indicate otherwise.
Material Considerations
8.14 Scottish Planning Policy (SPP) states that the presumption in favour of sustainable development does not change the statutory status of the development plan as the principal means of decision making. For proposals that do not accord with the up-to-date development plan, the primacy of the plan is maintained and any presumption in favour of development that may contribute to sustainable development will be material considerations. The SPP also states that where a development plan is under review, it may be appropriate in certain circumstances to consider whether the granting of a planning permission would prejudice the emerging plan.
8.15 The applicant has suggested that the North Lanarkshire Local Plan 2012 is outdated and subject to review and that the application site would meet the requirements for commercial units even though they accept there is more than enough spare capacity within the 10 year land supply of industrial land. However, it is considered the North Lanarkshire Local Plan is up-to-date in this respect. The location of the proposed development is outwith the existing places for business and industry within North Lanarkshire, and, as noted above, is located within the designated greenbelt. As such, there is no overriding national policy to justify this additional industrial and business land within the Green Belt at this location, and therefore the applicant assertion that this is a material consideration is therefore not relevant in the assessment of this application. There are no other material considerations which would outweigh the presumption to refuse planning permission for this Greenbelt site.
North Lanarkshire Local Development Plan
8.16 The proposed Local Development Plan should be given limited weight at this stage, however, it should be noted that under the emerging plan the application site continues to be designated Green Belt.
Consultations
8.17 In the event of the committee approving permission in principle it is recommended that conditions be added to cover the comments from consultees. It should be noted at this stage that should it be established at the detailed stage that noise mitigation is required that this may constrain the area of land available for development. In addition, with respect to the objection by Scottish Power, in the event of the application being approved, it is recommended that a condition be added to ensure that this technical constraint is addressed in detail.
Representations
8.18 The points made in the representations relating to perceived benefits are not shared as it is not considered that sufficient information exists to conclude that there will be a significant net economic benefit as a result of the development and there is not appropriate justification for this loss of the green belt land.
9. Conclusions
9.1 In conclusion, the development is contrary to the relevant provisions of the Development Plan, and policies DSP1, DSP2, and NBE3A and SPG 07 in The North Lanarkshire Local Plan 2012. No planning justification exists for the incursion of additional industrial land into this area of greenbelt and there is not considered to be any material considerations that would justify a departure from policy. It is the purpose of the green belt and development plan policies to direct development of this kind to allocated sites within urban areas and prevent sporadic development in the countryside. Accordingly it is recommended that permission in principle be refused.
Application No: Proposed Development:
17/01904/PPP Detached Dwelling
Site Address:
Burniebrae House Burniebrae Road Chapelhall Airdrie ML6 8QB
Date Registered:
10th November 2017
Applicant: Agent: Mr Andrew Milligan David Rose Burniebrae House ADR (Design) Ltd. Burniebrae Road The Nurseries Chapelhall 5 Tak-Ma-Doon Road Airdrie Kilsyth ML6 8QB G65 0RS
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 12 Airdrie South No letters of representation received. Michael Coyle, Paul Di Mascio, Ian McNeil, Sandy Watson,
Recommendation:
Reasoned Justification:
The proposed dwelling is considered an acceptable departure in terms of Green Belt policy in this instance and would not have a detrimental impact on the amenity and character of the Green Belt. The proposed development is on a prominent brownfield site on the just out with Chapelhall and would therefore not set an undesirable precedent for other such similar developments in the Green Belt in this instance.
Reproduced by permission of Planning Application: 17/01904/PPP the Ordnance Survey on Name (of applicant): Mr Andrew Milligan behalf of HMSO. © Crown Copyright and database right Site Address: Burniebrae House, 2009. All rights reserved. Burniebrae Road, Chapelhall, Airdrie, ML6 Ordnance Survey Licence 8QB number 100023396. Development: Detached Dwelling Proposed Conditions:-
1. That before any part of the development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters:-
(a) the siting, design and external appearance of dwelling; (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 provision of drainage works; (f) the disposal of sewage; (g) details of existing trees, shrubs and hedgerows to be retained; (h) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That notwithstanding the generalities of Condition 2 above, the proposed dwellinghouse shall:
a) be no higher than two storeys in height, b) front Burniebrae Road, c) included an improved vehicular access with maximised visibility splays.
Reason: To ensure that the site is developed in an acceptable manner.
3. That notwithstanding the generalities of Condition 1 above, a further planning application shall include a comprehensive site investigation report to be submitted. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.
Reason: To ensure that the site is free of contamination in the interests of the amenity.
4. That on completion of any remedial works identified by the site investigation required under the terms of Condition (3) and before the retail units within the site are operational, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.
Reason: To ensure the site is free of contamination in the interests of the amenity of future users of the residential property.
Background Papers:
Consultation Responses: Letter from The Coal Authority received on 14th December 2017 Memo from NLC Protective Services received on 28th November 2017 Memo from NLC Traffic & Transportation received on 9th February 2018 Letter from Scottish Water received on 23rd November 2017
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500
Report Date: 4th May 2018
APPLICATION NO. 17/01904/PPP
REPORT
1. Site Description
1.1 The application site comprises a 970 square metres area of ground previously used as a yard to the north of Burniebrae House, Bowhousebrae Road, Airdrie. The application site has had a variety of uses including as a yard associated with a haulage business and more recently as part of a skip business. The site has established boundary fencing and boundary planting on all sides, where vehicular access already exists onto Bowhousebrae Road. The site is bounded by the Shotts Burn directly to the north and east beyond which are fields. To the west is Burniebrae Road beyond which is also field, while to the north west is Scottish Water Pumping Station site. Located directly to the south is the existing dwelling, garden area and outbuildings associated with Burniebrae House, Bowhousebrae Road to the east.
2. Proposed Development
2.1 Planning permission in principle is being south for the erection of a detached dwelling. Although the application is for planning permission in principle, a proposed block plan layout has been submitted to show that the site can accommodate a detached dwelling with garage and make use of an existing vehicular access from Bowhousebrae Road.
3. Applicant’s Supporting Information
3.1 The applicant has provided some background history to the previous use of the site. The applicant confirmed that they have owned the property since 1984, prior to that the previous owner from 1973 did use the area as a yard and storage area. The applicant states that from about the mid 1960s until 1973, the application site was used to operate a haulage business. The applicant confirmed that they did utilise the existing yard in the late 1980s occasionally as a secondary lorry and skip storage, their main business and yard was based in Kilsyth. The site has had no other uses
4. Site History
4.1 The following previous applications are relevant to the current proposal and application site:
13/00181/FUL Demolition of existing garage and erection of new garage with ancillary accommodation – Approved 17th April 2013 17/01481/PPP Dwellinghouse (Permission in Principle) – Withdrawn 22nd September 2017
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the green belt and is covered by Policy NBE 3A (Assessing Development in the Green Belt).
6. Consultations
6.1 A summary of comments from the consultees is as follows:
i. Traffic & Transportation recommend that the application be refused due to insufficient visibility splays. Burniebrae Road is a local distributor road which is unlit and derestricted at the point of the proposed access and has no footways. Visibility splays at the proposed access are 1.0m x 40.0m approximately to the left and 2.0m x 30.0m approximately to the right as opposed to the required 2.5m x 215.0m in both directions. ii. Protective Services have no objection to the proposal subject to the submission of a site investigation with a detailed remediation strategy if required iii. Scottish Water have no objection and refer to standing advice. iv. The Coal Authority considers that the content and conclusions of the Coal Mining Risk Assessment Report are sufficient in demonstrating that the application site is, or can be made, safe and stable for the proposed development. The Coal Authority therefore has no objection to the proposed development. However, further more detailed considerations of ground conditions and/or foundation design may be required as part of any subsequent building warrant application.
7. Representations
7.1 Following the neighbour notification and press advertisement procedures, no letters of representation have been received.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan: North Lanarkshire Local Plan: Although the application site is located directly north of Burniebrae House, Bowhousebrae Road, Airdrie, the land is zoned as Green Belt and covered by Policy NBE 3A (Assessing Development in the Green Belt) which aims to protect the Green Belt through a presumption against development other than that associated with appropriate rural uses such as those necessary for agriculture, forestry or horticulture, facilities for outdoor recreation, tourism, telecommunications or other appropriate rural uses etc. In terms of Policy NBE 3A, any new residential dwelling to satisfy assessment criteria would require to be in conjunction with an acceptable green belt use and the proposed development does not meet this criteria. The proposed development would result the removal of the storage area and given the site’s proximity to existing dwellings, the delineated nature of the existing boundary separating it from the surrounding adjacent fields and ability to utilise an existing access all serve to offer justification in this instance. Furthermore the small scale nature of the development and the removal of the existing brownfield use from a rural location and its replacement with a sympathetically scale and mass that would to have an overall improvement on the visual amenity of the area. The proposed development will not reduce the openness of the area and is considered that the reuse of this prominent brownfield site will not adversely affect the local rural character. The granting of planning permission in principle will not in this instance set a precedent for other inappropriate dwellings in the green belt given the particular circumstances relating to the removal of an unsightly storage area. It is, therefore, considered that the proposals and improvement of the visual amenity of the area in this instance represent a material consideration that justifies an exceptional approval and as such the proposed development is considered an acceptable departure in terms of Policy NBE 3A.
8.3 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). DSP 1, DSP 2 and DSP 3 are not an issue given the scale and nature of the development. Policy DSP 4 states that development will only be permitted when design is of a high standard where it is considered that the detached dwelling at this location compliments the existing residential property to the south without resulting any significant impact on the amenity levels. Furthermore it is considered that the removal of the existing storage area and general improvement in the visual amenity of the location is considered in this instance to justify the proposals and thus the development is considered to be acceptable in terms of policy DSP 4.
8.4 New build development: The proposal seeks to develop a vacant plot of land that was previously used as a yard/storage yard to the north of Burniebrae House, Bowhousebrae Road, Airdrie. The site is of a sufficient size that can adequately accommodated a detached dwelling within the application site as well as providing sufficient usable garden ground. Due to the size of the proposed house plot, this will not result in a detrimental impact on the character and amenity of the existing residential property to the south. Planning conditions are recommended to ensure that the proposed dwelling will be in keeping with the scale and character of the surrounding rural area.
8.5 Consultations: Concerning the comments made by Protective Service, suitable planning conditions and advisory notes are recommended. With reference to the comments made by Scottish Water, these are is noted. The comments made by the Coal Authority are noted. Regarding the comments made by Traffic & Transportation, the proposal seeks to use an existing vehicular access that was previously used for a more intensive haulage business use, this use could be reactivated without any need for planning permission. Being residential the current proposal would result in fewer vehicle movements and there is an opportunity within the site to improve visibility splays. It is, therefore, considered that the proposal would not result in a significant impact on road safety and a planning condition is recommended for an improved access this would be addressed at the detailed application stage.
9. Conclusions
9.1 Taking the above assessment into account, it is considered that this development is an acceptable departure from the provisions of policies NBE 3A (Green Belt) and in accordance with DSP 4 (Quality of Development) in the North Lanarkshire Local Plan 2012. Following detailed consideration of the proposals, it is considered that the proposed development would not adversely affect the openness of local rural amenity or result in an unacceptable impact on the residential amenity of neighbouring dwellings. Furthermore approval of such a development would not set an undesirable precedent for other similar development within the green belt given the particular circumstances in this instance. It is recommended that planning permission in principle be approved.
Application No: Proposed Development:
18/00009/MSC Erection of Commercial Development (class 4, 5 and 6) with Associated Access
Site Address:
Orchard Farm Carnbroe Road Shirrel Bellshill
Date Registered:
9th January 2018
Applicant: Agent:
The Trustees Of ID Meiklam Ironside Farrar Ltd c/o Anderson Strathern 111 McDonald Road 1 Rutland Court Edinburgh Edinburgh Scotland Scotland EH7 4NW EH3 8EY
Application Level: Contrary to Development Plan:
Local Application No
Ward: Representations:
16 Mossend And Holytown 27 letters of representation received. David Baird, Frank McNally, Jim Reddin,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The first phase of the development can be accommodated within the site without any adverse impact on the site itself, the local environment and surrounding area and the proposal therefore accords with the relevant policy of the North Lanarkshire Local Plan 2012.
Reproduced by Planning Application: 18/00009/MSC permission of the Ordnance Survey on Name (of applicant): The Trustees Of ID behalf of HMSO. © Meiklam Crown Copyright and database right 2009. All Site Address: Orchard Farm, Carnbroe rights reserved. Road, Shirrel, Bellshill, ML4 1RU Ordnance Survey Licence number Development: Approval of matters specified 100023396. in Condition 1 and 19 of application 12/01195/PPP (Development of Classes 4, 5 and 6)
Proposed Conditions:-
1. That except as may be otherwise agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings stamped approved for phase 1 of this permission.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 shall be implemented contemporaneously with the development in so far as reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
4. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.
Reason: To ensure the provision of satisfactory site infrastructure.
5. That before the development hereby permitted is brought into use, all the roads, parking, footpaths 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 for the approved purpose.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the industrial units.
6. That before the development hereby permitted starts, full details of any boundary treatment to be erected on the site shall be submitted to, and approved in writing by, the Planning Authority and that this shall be implemented contemporaneously with the development to the satisfaction of the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail and ensure that appropriate mitigation is in place.
7. That BEFORE the development hereby permitted starts, a scheme of landscaping incorporating biodiversity enhancement measures and native tree planting shall be submitted to, and approved in writing by the Planning Authority and it shall include:-
(a) details of any earth moulding, embankment stabilisation details and hard landscaping, boundary treatment, wild grass seeding and turfing; (b) a scheme of native tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development. (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. (e) a management and maintenance scheme for these works.
Reason: To enable the Planning Authority to consider these aspects in detail
8. That all works included in the scheme of landscaping and native tree planting, approved under the terms of condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the site, to mitigate adverse effects on views of the development from outlying areas and to benefit local biodiversity.
9. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roof of the building shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail
10. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of employees and visitors
11. That any remediation works identified by the site investigation required in terms of Condition 10, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of employees and visitors to the depot
12. That BEFORE the development hereby permitted starts, details of all external lighting shall be submitted to and approved in writing by the Planning Authority, and, for the avoidance of doubt, this shall be designed to ensure that the upward spread of light near to and above horizontal shall be minimised.
Reason: In the interests of nature conservation and to avoid excessive light pollution in the vicinity of the site.
13. That should 12 months or more elapse between the timing of the ecological survey dated December 2017 hereby approved, and development hereby permitted commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species and the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation or protection of any protected species, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: In the interests of nature conservation and to safeguard protected species and to ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007.
14. That BEFORE any works of description start on site, unless otherwise agreed in writing by the Planning Authority, confirmation shall be provided of the intended use and a detailed parking arrangement will be submitted to, and approved in writing by, the Planning Authority.
Reason: To ensure that the development meets parking requirements.
Background Papers:
Consultation Responses:
Email from Scottish Gas Network received 25th September 2017 Email from National Grid Plant Protection received 11th January 2018 Letter from The Coal Authority received 23rd January 2018 Memo from Protective Services received 6th February 2018 Email from The Health and Safety Executive received 26th January 2018 Memo from Greenspace received 30th January 2018 Letter from Scottish Environment Protection Agency received 22nd January and 22nd February 2018 Email from Scottish Water received 25th September 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500
Report Date:
7th May 2018 APPLICATION NO. 18/00009/MSC
REPORT
1. Site Description
1.1 The site is the first phase of the ‘Orchard Farm’ development comprising of 2.9 ha of grass land situated to the west of Eurocentral. The site is surrounded to the north by the rest of Orchard Farm and the M8, with woodland and Eurocentral to the west, woodland and the Mossend Railhead to the south and a railway line and fields to the west. A vehicular access to the site is currently under construction which has been approved under a separate application (reference:16/02084/FUL). The levels across this part of the site fall downwards gently from north to south with the level of the site approximately 10 metres higher than the adjacent Eurocentral development with a fairly steep wooded gradient past the eastern boundary. There is a high pressure gas pipeline running along land beyond the western boundary of the application site.
2. Site History & Proposed Development
2.1 Planning Permission in Principle for a development of Classes 4, 5 and 6 was granted on the wider site of ‘Orchard Farm’ in 2003 (reference: 01/01509/OUT). This was renewed in 2010 (reference: 08/00250/OUT) and amended and renewed in 2013 (reference: 12/01195/PPP).
2.2 Recent road extensions have been undertaken in the vicinity of the site with the M8 extension to the north and a road linkage recently created to this site from Eurocentral to the east.
2.3 This application seeks permission for the first of three phases, to erect a pitched roof, industrial style building with a footprint of 929 square metres that would be 8 metres in height and would have its own dedicated access, yard, landscape, drainage and parking areas. The building would be finished in a combination of cladding and glazing. As part of the application the access from Woodside serving the site, other plots and later phases will be extended. Another plot will be included in the first phase, to the south of the building proposed in this application, however, no details are submitted of this.
2.4 At this stage no details have been provided of an operator. It is therefore unclear wherther this unit will be used for class 4, 5 or 6 purposes.
3. Applicant’s Supporting Information
3.1 The applicant has submitted a supporting statement. A protected species survey for the wider site has also been submitted in accordance with condition 19 of 08/00250/OUT.
4. Development Plan
4.1 This application does not raise issues of a strategic nature and therefore can be considered in terms of the Local Plan (North Lanarkshire Local Plan). The North Lanarkshire Local Plan identifies the site as Policy EDI 2A (Industrial and Business Sites)
5. Consultations
5.1 A summary of the comments received from the consultees is as follows:
a) Protective Services recommended the submission of a site investigation. b) SEPA initially objected but withdrew this once the drainage strategy was amended by the applicant to accord with their guidance. They recommend that the drainage is designed and installed in accordance with best practice advice on Sustainable Urban Drainage. c) Greenspace accepts the findings of the applicant’s updated protected species survey and recommend the retention of trees, scrubs and hedgerows and also ask to be consulted further on landscaping. d) The Coal Authority did not object.
6. Representations
6.1 27 letters of representation were received from 26 residents of various places such as Airdrie, Coatbridge and Glenboig. The points made can be summarised as follows:
i. The land is described as greenbelt and considered by objectors to serve a valuable environmental function for wildlife, flora and fauna and also to provide character and contain amenity benefits for residents. ii. Local people are not sufficiently involved and the land should instead be retained for health and wellbeing purposes. iii. The proposal is not considered by objectors to have been accompanied by sufficient environmental information, consideration of pollution or adequate assessment of flood risk. iv. Reference is made to other applications in the vicinity and concerns raised about the cumulative loss of Greenspace and adverse environmental impact that will occur as a result of this development and others. v. It is suggested that the development should be directed instead to one of the vacant sites in Eurocentral and that the site should be turned into a country park. vi. It is anticipated that traffic conditions, and vehicular emissions will worsen and increase as a result of the development and the proposal would leave open the possibility of a future road linkage to a nearby waste site.
7. Planning Assessment
7.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
North Lanarkshire Local Plan 2012
7.2 The site is zoned as EDI 2A (Industrial and Business Sites). Policies EDI 1 B2 (Strategic Locations for Business and Industry), NBE 1A6 (Protecting the Natural and Built Environment (Protected Species)), DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development), and DSP 4 (Quality of Development), as well as Supplementary Planning Guidance 14 (Industrial and Business Development) and 20 (Biodiversity) are also relevant to the consideration of the proposals.
7.3 Policy EDI 2A notes that the Council will support industrial and business land development by maintaining a 10-year land supply of quality marketable land and promoting such sites. Policy EDI B2 affirms that the site is a strategic location for industry and business and SPG 14 provides similar advice. As such, the proposals are considered acceptable in principle subject to assessment of the detailed aspects below.
7.4 In terms of DSP1 and DSP2, it is noted that the use of the land for distribution has long been established in the Local Plan and forms part of the established land supply thereby according with these policies.
7.5 Policy DSP3 requires developers to meet or contribute to the cost of providing or improving community facilities or infrastructure as a result of the additional demands arising from the proposals on its own or in conjunction with existing developments. In this instance, no off-site infrastructure upgrades were identified as being required as a result of the proposals and it is therefore considered that the proposed development accords with Policy DSP3.
7.6 Policy DSP 4 requires consideration of the context and for developments to integrate well into the surrounding area in terms of the impact on the environment, the site itself and surrounding neighbouring properties as well as any transportation considerations such as access, parking and road safety. The proposal will create two plots of similar size and scale to others in the vicinity and the earthworks that are proposed as part of this application will not result in a significant impact. The unit proposed in the northern plot again is of a similar design and style to others in Eurocentral and the visual impact, and subsequent impact on the character of the surrounding business area, is considered to be acceptable. In addition it is not considered that the proposal will result in an adverse loss of amenity for the nearest properties. The closest housing is approximately 600 metres away at Shirrel and it is considered that the proposal could be accommodated within the site without any adverse loss of amenity for those properties in terms of overshadowing, overlooking or any noise or disturbance. The principle of this development has been established and it is therefore considered that it would not have any adverse impact on the road network. As detailed further below, the updated protected species survey has identified no issues and the resultant impact from an ecological perspective is considered to be acceptable. As such the proposal is considered to be in accordance with DSP 4.
7.7 In terms of ecology, Policy NBE 1A6 indicates that development that significantly affects a species protected by law will only be permitted where an appraisal has demonstrated that the protected species would not be compromised. SPG 20 (Biodiversity & Development) requires that applicable developments demonstrate any risk and means for mitigation of Protected Species. A protected species survey was undertaken on the site to determine the existence of suitable habitat for, and evidence of bats, red squirrel and badger. The survey found no evidence of use of the site by any protected species but did identify a small risk that badger may visit and reccommedns some mitigation for the construction period. Greenspace accept the findings of the reports but advised that these would require to be updated in the event that development had not commenced within one year of the survey date. They also concurred with the comments regarding badgers and conditions are recommended in these respects. Accordingly the proposal is compliant with Policy NBE 1A6 and SPG 20.
North Lanarkshire Local Development Plan
7.8 The proposed Local Development Plan should be given limited weight at this stage, however, it should be noted that under the emerging plan the application is also designated as a business development site where developments such as that proposed should be promoted.
Representations
7.9 In response to the points made:
i. The land is not zoned as greenbelt and the use itself has already been established and is not therefore a material consideration in this instance. There are no trees within this part of the site and it is not agreed that it serves a valuable green function. This is reflected in its planning status. ii. In terms of the involvement of local people the standard neighbour notification and advertisement was carried out for this proposal and it is therefore considered that there has been sufficient opportunities for locals to make representation. In terms of health and wellbeing, it is considered that the proposal will not have an adverse impact. iii. With respect to supporting information, it is not agreed that insufficient information has been submitted and I am satisfied that the application has allowed for adequate assessment of the proposal. iv & v. The cumulative impact of industrial and business developments in the area and where they are directed are not material considerations in this case as the use has already been established. vi. In terms of traffic conditions and emissions it is not considered that there will be a significant impact in this regard and no concerns have been raised by the relevant consultees. There is no future road linkages proposed to the north a spart of this application and any potential for this in the future is not a material planning consideration.
Consultations
7.10 The matters raised by consultees do not raise any significant issues and it is recommended that these be addressed via conditions.
8. Conclusions
8.1 In conclusion the proposal can be accommodated within the site without detriment to the surrounding industrial, business and residential area and therefore accords with the North Lanarkshire Local Plan 2012. Taking the above into consideration and notwithstanding the points raised by neighbouring properties it is recommended that permission be granted subject to conditions.
Application No: Proposed Development:
18/00279/AMD Vary Condition 4 (a) of Application 15/01792/PPP - Increase in Dwelling Numbers to 500 Site Address:
Site Between Carnbroe Road And M8 Carnbroe Coatbridge ML6 8RS
Date Registered:
2nd March 2018
Applicant: Agent: Federated Investments LLP Andrew Bennie Planning Ltd 15 Great Collage Street 3 Abbotts Court London Dullatur SW1P 3RX Cumbernauld G68 0AP
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 11 Coatbridge South 13 letters of representation received. Tracy Carragher, Tom Castles, Gordon Encinias, Fergus MacGregor,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development meets the criteria set out in the policies contained within the North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the site, the surrounding residential area and without detriment to the visual amenity at this particular location
Legal Agreement
If minded to grant, planning permission should not be issued until a legal agreement has been concluded which allows for a financial contribution to the Council to address education mitigation.
Reproduced by permission of Planning Application: 18/00279/AMD the Ordnance Survey on Name (of applicant): Federated behalf of HMSO. © Crown Copyright and database right Investments LLP 2009. All rights reserved. Site Address: Site Between Carnbroe Ordnance Survey Licence Road And M8 number 100023396. Carnbroe Coatbridge ML6 8RS Development: Vary Condition 4 (a) of Application 15/01792/PPP - Increase in Dwelling Numbers to 500
Conditions and Reasons
1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following 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, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details of the management and maintenance of the areas identified in (d), (k), (l), (g) and any other communal areas (f) the design and location of all boundary walls and fences; (g) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be removed or retained; (j) details of existing and proposed site levels. (k) details of play areas commensurate with the scale of the proposed development. (l) details of the noise mitigation methods within the site and to buildings (m) the phasing of the development for the entire application site; including all landscape buffers, no- build buffers, open space and SUDS infrastructure.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That notwithstanding the requirements of condition 1 above, that the first application for matters specified by conditions shall include a phasing plan
Reason: to ensure the effective implementation of the overall site
3. For the avoidance of doubt, masterplan drawings figure 3.1 and drawing 04, received with application 15/01792/PPP are indicative only. The site layout shall be developed using the masterplan as a guide and taking account of the requirements of all conditions on this consent.
Reason: In order to confirm the terms of this consent.
4. That unless otherwise required by planning condition or agreed in writing with the Planning Authority, and subject to the conditions of this permission, detailed submissions shall accord with the following requirements:
a) The maximum number of residential units to be 500 b) The internal road layout should be in accordance with the principles of "Designing Streets" as published by the Scottish Government. Notwithstanding the terms of condition 3 above, a cul-de-sac arrangement as indicated as Secondary Transport Links are unlikely to be acceptable. c) A landscaped no build buffer measuring 6m shall be incorporated alongside the boundary with South Carnbroe Wood SINC d) A no build buffer shall be incorporated into the western boundary of the site (adjoining the railway line) in line with Appendix 4 of the Environmental Statement (Landscape/SUDS; drawing no. 4.1)
Reason: To define and ensure delivery of all key aspects of the permission, in accordance with the planning application, in the interests of nature conservation and enhancement and to protect the amenity of future residents.
5. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future users of the site.
6. That PRIOR to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future users adjacent to and within the development site respectively.
7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users.
8. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
9. That notwithstanding the terms of the condition 8 above, all drainage should be diverted away from the adjoining trunk road and railway infrastructure and there shall be no SUDS within 10m of the railway infrastructure.
Reason: To ensure that the efficiency of the existing road network and railway infrastructure is not affected
10. That before any works start on site including preparatory works, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. The survey shall include surveys on otter, watervole and bats and a Badger Protection Plan. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004'
11. No development shall take place within the development area until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority.
Reason: To identify and protect any putative archaeological remains with the site area
12. That before any works start on site including preparatory works the submission of a scheme of intrusive site investigations for the mine entries indentified in the Mining Stability Report including Coal Mining Risk Assessment (JWH Ross Ltd, September 2014) and the undertaking of those schemes of intrusive site investigations is submitted for the written approval of the Coal Authority.
Reason: To ensure that the proposed development and surrounding land is not at risk from coal mining features and hazards
13. Notwithstanding the requirements of condition 1 above, a detailed Noise Impact Assessment shall be prepared for each phase of residential development for the written approval of the Planning Authority. Thereafter, any agreed noise mitigation measures shall be implemented contemporaneously with the development.
Reason: To protect the residential amenity of future residents.
14. That notwithstanding the terms of Condition 1 above, a detailed Flood Risk Assessment, carried out by an appropriately qualified engineer, shall be prepared for each phase of residential development for the written approval of the Planning Authority. Thereafter, any agreed mitigation measures shall be implemented contemporaneously with the development. Following the construction of the flood mitigation works for any individual phase, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.
Reason: To ensure all matters relating to flood risk are adequately addressed and that it will not give rise to flooding within the application site or increase the flood risk elsewhere.
15. That notwithstanding the terms of conditions 1 above, before any Matters Specified by Condition are first approved, details of 'trespass proof' boundary treatment alongside the railway line and trunk road shall be submitted to the Planning Authority for approval in consultation with Transport Scotland and Network Rail. These details shall include a timetable for completion of these works.
Reason: In the interests of safety.
16. That notwithstanding the terms of condition 1 above, before any applications for Matters Specified by Condition (relating to residential development) are first approved a strategy for the provision of equipped play areas shall be submitted to and approved in writing with the Planning Authority. Thereafter, all submissions of Matters Specified by Conditions shall accord with the agreed strategy.
Reason: To ensure the provision of strategic well designed play areas.
17. That notwithstanding the requirements of condition 1 above, the first application for approval of matters subject to conditions shall include proposals (including timescales for implementation) for mitigation of the junction capacity issues at: a) Sikeside Street/Sykeside Road/Paddock Street and b) B802 Cairnhill Road/B802 Calderbank Road c) Kirkton Crescent/Carnbroe Road/Calderview Avenue
as identified in the Transport Assessment prepared by Dougall Baillie Associates dated July 2014 received with application 15/01792/PPP. No work shall commence on site until such proposals have been approved by the planning authority.
Reason: In the interest of ensuring sufficient capacity on the road network.
Background Papers:
Consultation Responses:
NLC Environmental Health (including Pollution Control) received 15th March 2018 NLC Education received 17th April 2018 Scottish Environment Protection Agency received 3rd April 2018 NLC Play Services Manager received 19th March 2018 NLC Greenspace received 18th April 2018
Contact Information:
Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01236 632500
Report Date:
2nd May 2018 APPLICATION NO: 18/00279/AMD
REPORT
1. Site Description
1.1 The proposed site is approximately 32.4 hectares of grassland immediately north of the A8 Glasgow and Edinburgh Road, the existing Carnbroe settlement defines the site’s north boundary with Carnbroe Road running central south to north through the site. Between the site and the A8 is a house with dog kennels. A small north flowing stream, tree belt and open fields are to the east. The west boundary is bordered by a rail line beyond which is vacant land that has planning permission for the development of Energy from Waste (EfW) facility. A section of protected woodland lies to the north west of site. The proposed site is relatively open; at the south east corner is the Orchard Farm Pond with a range of mature trees spread throughout and hedgerows are either side of Carnbroe Road. The land is situated on an undulating site that rises to the south towards an east to west peak then falls northwards. There is no formal vehicular access to the site and informal pedestrian access is taken from gaps in fencing.
2. Proposed Development
2.1 This application seeks permission to vary condition 4 (A) of application 15/01792/PPP that received planning permission in principle (PPP) on the 14th February 2018 for a mixed use development of 400 dwellings, local retail provision, community/healthcare provision, associated roads, infrastructure on the application site. Condition 4 (a) of the application sets out
4. That unless otherwise required by planning condition or agreed in writing with the Planning Authority, and subject to the conditions of this permission, detailed submissions shall accord with the following requirements:
a) The maximum number of residential units to be 400
2.2 The applicant wishes to amend this part of the condition to increase the number of residential units from 400 to 500.
2.3 It should be noted that a Section 75 Legal Agreement has been concluded as part of the Planning Permission in Principle (PPP) application for developer contributions of £7800.00 per dwelling towards the provision of educational facilities to facilitate development of the site. NLC Education have confirmed developer contributions for the proposed additional dwellings would also be required (£7800 per dwelling) for the provision of educational facilities to facilitate development of the site. A new Section 75 Legal Agreement to cover all dwellings that would be constructed at the site would be required.
3. Applicant’s Supporting Information
3.1 The applicant has provided supporting information summarised as follows:
Planning Statement Summary of the EIA Consultation Responses
4. Site History and Context
4.1 Application Site
Application 14/01575/PPP for Mixed Use Development Comprising 400 Dwellinghouses, Local Retail Provision, Community/Healthcare Provision, Associated Roads and Infrastructure at Site At Carnbroe Road, Carnbroe. Application withdrawn 4th May 2015
Application 15/01792/PPP for Mixed Use Development Comprising 400 Dwellinghouses, Local Retail Provision, Community/Healthcare Provision, Associated Roads and Infrastructure at Site At Carnbroe Road, Carnbroe. Planning permission granted on the 14th February 2018.
Relevant Applications
Energy From Waste (EfW) facility - West of the Application Site Planning permission 09/00675/FUL was granted at appeal on the 18th November 2012 for an Energy From Waste (EfW) facility. Thereafter application 18/00180/AMD - Alterations to approved Plans for Energy from Waste (EfW) processing Building) was refused at the Planning Sub Committee on the 19th April 2018 due to health impacts on local community and adverse visual impact.
Mossend Railhead - Proposed Expansion of Mossend Railhead - South West of the Application Site Application 13/02079/PPP was submitted in October 2013 for the expansion of Mossend Railhead with storage and distribution uses was granted permission at appeal by the Scottish Ministers.
5. Development Plan
5.1 This application site was considered in terms of the Strategic Development Plan during the PPP application and this application will therefore now be considered in terms of the Local Plan.
5.2 The site is identified as NBE3A Greenbelt in the North Lanarkshire Local Plan (NLLP).
6. Consultations
6.1 NLC Protective Service Confirm the addition of more dwellings won’t alter the findings with regards to air and noise quality. The current assessments for noise and air would only need altered should new commercial premises be introduced to the site or biomass boilers.
6.2 Scottish Environmental Protection Agency (SEPA) Confirm no objection provided the proposal is fit for purpose in that it is served by SUDS features approval for the number of dwellings proposed.
6.3 NLC Education NLC Education confirms that should the application be granted a contribution of £7800.00 per dwelling would be required towards this new primary school for the area.
6.4 NLC Play Service Confirm no objection to the proposal
6.5 NLC Greenspace Confirm no objection and will provide comments on biodiversity, access plans received as part of any detailed planning application.
7. Representations
7.1 During the period of the neighbour notification period (14/03/18 – 04/04/18) and the press advert consultation period (14/03/2018 - 11/04/18) 14 properties submitted letters of representation. In line with the Councils Planning Sub Committee decision on the 22nd February the three letters of representation received after this period will not be considered as part of the assessment of the application. The following provides a summary of the comments received:
7.2 Traffic The increase in dwellings will generate more traffic and impact on the existing road network
7.3 Ecology/Biodiversity Protected species depend on this greenbelt site and development will lead to urban sprawl. The impact will be irreversible obliterating flora, fauna and wildlife which is important to wildlife in the Faskine and Woodhall woods
7.4 Land Use Greenbelt land should be protected direct development towards the adequate supply of Brownfield land and town centres. The site is unsuitable for residential and commercial. There are limited areas of natural beauty for community to enjoy due to increasing loss of greenbelt through recent Eurocentral, Maxim, M8 upgrade developments.
7.5 Air Quality The proposal will increase air pollution which is presently above acceptable levels. A buffer between the development and surrounding residential areas and the M8/A8 road would be required. There are foul smells from the site due to trapped gasses from the ground.
7.6 Amenity The existing schools are at capacity which the proposed new school will not address as it does not provide nursery school age or deal with current school age children. The hospital and doctors waiting lists are at capacity; an increase in dwellings will impact on the health and welfare of the local communities. There are no community amenities (community centre, parks, libraries, restaurants, coffee shops) to serve the existing and proposed dwellings.
7.7 Flooding/Drainage The site is prone to flooding as a result of mining subsidence
7.8 Heritage The local history and heritage associated with the area that will no longer exist
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy.
8.2 Development Plan: The Development Plan consists of the North Lanarkshire Local Plan 2012. The site is zoned under Policy NBE3A (Green Belt) in the North Lanarkshire Local Plan 2012
a. The application site was assessed under application 15/01792/PPP and granted permission by the Sub Planning Committee who although acknowledged the sites greenbelt zoning concluded the release of the land for residential development acceptable due the housing land shortfall within the Coatbridge area. The principle of housing on the site has therefore been established and this application will be assessed against the relevant local plan policies.
North Lanarkshire Local Plan (NLLP): b. The North Lanarkshire Local Plan zones the site as NBE3A ‘Green Belt’ lists certain types of development acceptable within the greenbelt which include those that are necessary to agriculture, forestry or horticulture and alterations or extensions to existing buildings that are proportionate to the context in terms of scale, design and materials. Although the proposal would result in the residential development of a Greenbelt site as mentioned above the principle of housing on this land has been established as a sustainable location for residential development. This application seeks to vary a condition of the PPP application in order to increase the number of dwellings on the site. c. The proposed development also requires to be assessed against Development Strategy Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). d. The principle of housing on this site was established at PPP stage therefore the proposal complies with policies DSP1 ‘Amount of Development’ and DSP2 ‘Location of Development’.
8.3 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. The additional financial contribution towards school provision is required and will be addressed by means of a new Section 75 Legal Agreement. The application would accord with DSP3.
8.4 Policy DSP4 (Quality of Development) states that development will only be permitted where high design standards of site planning and sustainable design are achieved. Developments are also required to integrate successfully into the local area avoiding harm to neighbouring amenity and adverse impact on adjacent properties.
8.5 As part of the original PPP application an Environmental Impact Assessment (EIA) was undertaken so that all environmental issues were taken into account. Added comments from authors of the original EIA received as supporting information (Summary of EIA Consultation Responses) concluded the increase in the residential capacity of the site would not result in any change to the impact predicted in the EIA or the conclusions of the EIA. An EIA Screening assessment of the proposal was also completed taking into account the characteristics of the potential impact of the additional dwellings in terms of characteristics and location. It was found the additional dwellings would be unlikely to have a significant and complex effect on the environment such that an amended EIA would be required. Rather, the submission of detailed environmental reports with any detailed planning application would be sufficient.
8.6 With regards to impact on surrounding road network it should be noted that the Transport Assessment assessed during the course of the PPP application provided analysis based on 500 dwellings. The provision of roads, access, parking and amenity will therefore be assessed during the assessment of any detailed application received.
8.7 In terms of noise and air quality, Protective Service (para 6.1) confirm there would be no greater impact as a result of the additional dwellings in that they would not alter the findings within the Noise Impact Assessment and Air Quality report that were considered acceptable during the assessment of the original PPP application.
8.8 With regards to flooding and drainage SEPA have confirmed as part of the assessment of application 15/01792/PPP and this application that they are satisfied with the findings within the Flood Risk Assessments reports submitted. SUDS and drainage details will be assessed on submission of any detailed application received.
8.11 In terms of access, protected species and biodiversity NLC Greenspace acknowledge conditions of the original PPP application require addition details on landscaping, buffer zones and the submission of protected species prior any development. Greenspace confirm they are satisfied with the conditions imposed and that proposed access links to the site and wider area will be provided with any detailed planning application received.
8.12 As mentioned above (paragraph 4.1) the application seeking changes to the Energy for Waste (EfW) facility was refused at committee due to health impacts and effect on the visual amenity and as a result there would be no potential significant impact on the additional dwellings proposed in this application
9 Assessment of Consultation Responses and Representations
Consultation Responses
9.1 NLC Protective Service Comments noted
9.2 Scottish Environmental Protection Agency (SEPA) Comments noted
9.3 NLC Education A new Section 75 Agreement for developer contributions towards the education facilities will be concluded prior issue of the decision notice
9.4 NLC Play Service Comments noted
9.5 NLC Greenspace Comments noted
Representations:
9.6 In response to representations, the following comments are given:
9.7 Traffic As mentioned above paragraphs 8.8 and 9.1 the Transport Assessment assessed as part of the PPP application comprised analysis for 500 dwellings. Conditions of the PPP application ensure all details of roads, access, parking; junctions are received with any detailed application received.
9.8 Ecology/Biodiversity Paragraphs 6.6 confirms NLC Greenspace have no objection to the additional dwellings and that the updated protected species/ecology reports received with any detailed application as per the conditions of the PPP application will be subject to in depth assessment.
9.9 Land Use As mentioned above at 8.4 while the site is designated greenbelt area in the local plan permission in principle has been granted by the Sub Planning Committee who concluded the release of the land for residential development as acceptable due the housing land shortfall within the Coatbridge area. The principle of housing on the site has therefore been established. Also 4.1 confirms that following the Scottish Governments Urban Boundary Review of Greenbelt sites this site may be considered by virtue of their location as an area within the urban area site. It was subsequently included in the draft North Lanarkshire Development Plan as being located within the urban area and identified as a Future Housing Development site with a capacity of 566 dwellings
9.10 Air Quality Pollution Control confirm (paragraph 6.2) no objection in that the addition of more dwellings would not alter the findings of the Air Quality reports assessed as part of the PPP application.
9.11 Amenity As mentioned above in paragraph 8.7 and 9.4 a new Section 75 Legal Agreement will be concluded prior issue of the decision notice that allows for a developer financial contribution addressing education mitigation required for the additional dwellings. . With regards to impact on the existing health care provision and community facilities this is a matter that is outwith the remit of the planning service.
9.12 Flooding/Drainage Paragraphs 6.3 and 8.10 confirm SEPA have no objection and are satisfied with the findings within the Flood Risk Assessments reports assessed as part of the PPP application. The SUDS and drainage details will be assessed on submission of any detailed application received.
9.13 Heritage The heritage and historical assets were assessed as part of the PPP application. The Councils Archaeology service confirmed no objection. A condition of this application ensures an implementation programme of archaeological work in accordance with Written Scheme of Investigation is received prior any works.
10 Conclusions
10.1 The principle of residential development on this site has been established and as mentioned above the site was included in the draft North Lanarkshire Development Plan as being located within the urban area and identified as a Future Housing Development site with a capacity of 566 dwellings. The site in principle could therefore accommodate the proposed 500 dwellings. It has also been demonstrated above there would be no significant or adverse impact on the air quality, no significant noise issues and no increased impact on the environmental assets of the site and surrounding area. A developer contribution will again be secured by a Section 75 Legal Agreement to address mitigation of the development on educational facilities. The application has been satisfactorily progressed to the position where outstanding and final detail can be confirmed via submission of any detailed application. The principle of residential development has already been established by virtue of the PPP application and there are no material considerations that would merit refusal of this application. Accordingly, it is recommended that planning permission be granted subject to the conclusion of a Section 75 Legal Agreement for financial contribution to address education mitigation.
Application No: Proposed Development:
18/00363/FUL Amendment of Conditions of Previous Planning Permissions 11/00089/FUL and 11/01232/AMD to allow the use of the ground floor for Religious Instruction/Worship 7 Days a Week Between 7.30am and 6.30pm (max 15 persons)
Site Address:
75 Cumbernauld Road Stepps Glasgow G33 6LR
Date Registered:
12th March 2018
Applicant: Agent: The Trustees Of Darussalum / Per Maqbool Philip McCulloch Chaudhry Design Practice 15 Whiteford Road 10 Lynedoch Crescent Cardowan Glasgow Stepps G3 6EQ Glasgow North Lanarkshire G33 6GA
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 05 Stepps, Chryston And Muirhead 92 letter(s) of representation received. John McLaren, Lynne Anderson, Stephen Goldsack,
Recommendation: Refuse
Reasoned Justification:
The proposal will result in an overriding loss of residential amenity and residential character through a significant increase in usage of a dwelling, with related increases in disturbance, parking and vehicle movements. The proposal is therefore contrary to policy HFC1 (Residential Amenity) and DSP4 (Quality of Development) of the North Lanarkshire Local Plan 2012.
Reproduced by permission of Planning Application: 18/00363/FUL the Ordnance Survey on Name (of applicant): The Trustees Of behalf of HMSO. © Crown Copyright and database right Darussalum / Per Maqbool Chaudhry 2009. All rights reserved. Site Address: 75 Cumbernauld Road Ordnance Survey Licence Stepps number 100023396. Glasgow G33 6LR Development: Amendment of Conditions of Previous Planning Permissions 11/00089/FUL and 11/01232/AMD to allow the use of the ground floor for Religious Instruction/Worship 7 Days a Week Between 7.30am and 6.30pm (max 15 persons)
Recommendation: Refuse for the Following Reasons:-
1. The proposal will result in an overriding loss of residential amenity and local residential character through increased usage of the property with related increased parking levels, vehicle movements and general disturbance sometimes as unsociable hours; in this respect the proposal is contrary to policy HCF1 (Residential Amenity) and DSP4 (Quality of Development) of the North Lanarkshire Local Plan 2012.
2. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications.
Background Papers:
Consultation Responses:
None
Contact Information:
Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 632500
Report Date:
7th May 2018 APPLICATION NO. 18/00363/FUL
REPORT
1. Site Description
1.1 The application site is a 1.5 storey detached dwellinghouse at 75 Cumbernauld Road, Stepps. The property has planning consent for 1 room on the ground floor to be used for religious instruction for up to 10 children, Monday to Thursday and adult worship for up to 10 individuals between 12 noon and 3 p.m. on Fridays. The application site has a significant plot with a large front garden which consists entirely of a monoblock surface parking area. Laundry Lane runs along the east of the property boundary and a footpath runs along the rear of the site. Laundry Lane is a privately owned unadopted road that serves 16 dwellinghouses and the industrial units (consisting of a car repair garage, tyre fitters and Gem Lifts) located in the former laundry, directly north of the application site. The property takes vehicular access from Laundry Lane which is accessed from a set of 4-way traffic lights on Cumbernauld Road.
2. Proposed Development
2.1 The applicant proposes to change the use of the entire ground floor of the property which had previously been granted planning permission for limited religious instruction and worship to allow religious instruction and worship for a maximum of 15 persons (adults and children) 7 days a week between the hours of 7.30am and 6.30pm.
2.2 In the latter stages of the application the proposal was amended from 15 adults to 15 persons attending at any one time. As the overall number of individuals attending at any one time would not change it was considered the proposal was not materially different enough to warrant re-notification or re-advertisement in the local press.
3. Applicant’s Supporting Information
3.1 During assessment of the application the applicant submitted supporting documentation which included an evaluation of the character of the area, a list of some other places of worship in a residential setting in Glasgow, a 68 signature petition in support of the application, and information relating to the traffic implications, residential amenity and precedent. It further stated that the applicant would be willing to accept temporary planning permission for 3 years and they would be willing to form a vehicular access onto Cumbernauld road.
4. Site History
4.1 08/00349/FUL Temporary Change of Dwellinghouse to Dwellinghouse and Premises for Religious Instruction (Class 10) - Refused 12th November 2008 09/00137/FUL Temporary Use of Part of Dwellinghouse for Religious Instruction for a Period of Two Years and Formation of a Rear Parking Area – Refused by NLC but granted a restricted temporary 1 year permission on appeal 16th October 2009 10/01218/FUL Part Change of Use of Dwellinghouse to Children and Adult Religious Education/Worship Establishment (Children on Monday to Friday and Adults on Friday Afternoon) – Refused permission 20th December 2010. Appeal dismissed. 11/00089/FUL Use of Part of Dwellinghouse (One Room on the Ground Floor) for Religious Instruction for up to 10 Children Between the Hours of 7.30am and 6.30pm, Monday to Friday (in retrospect) – Approved 22nd March 2011. 11/00006/COMP Breach of Condition Notice served on 15.11.2001 for Non compliance with planning Condition 2 of 11/00089/FUL – Notice Complied with 11/01232/AMD Amendment to Planning Permission 11/00089/FUL for Part Use of Dwellinghouse (One Room on the Ground Floor) for Religious Instruction / Worship for 10 Adults between the Hours of 12 Noon to 3pm on Fridays Only (No religious instruction of Children on Fridays) – Approved 6th February 2012 13/00165/COMP Breach of Condition Notice served on 07.05.2104 for Non compliance with Planning Condition 3 of 11/01232/AMD – Enforcement Notice not complied with as a consequence matter referred to Procurator Fiscal and fine of £500 issued. 17/01898/FUL Amendment of Conditions of Previous Planning Permissions 11/00089/FUL and 11/01232/AMD to allow the use of the ground floor for Religious Instruction/Worship, to allow Adult Worship 7 Days a week (Varying numbers but max 30) and remove time limitations for Adult Worshipers – Refused 26th January 2018
5. Development Plan
5.1 This application raises no strategic issues and can be assessed in terms of the relevant Local Plan Policy.
5.2 In terms of the North Lanarkshire Local Plan 2012, the site is covered by Policy HCF1: Protecting Residential Amenity and Community Facilities. This policy has a presumption against developments detrimental to residential amenity in primarily residential areas. Development of an ancillary nature may be acceptable subject to impact on residential amenity and provision of servicing and parking.
5.3 Policy DSP4 Quality of Development applies to all applications for planning permission and sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria in this respect which include: character and setting, site appraisal and evaluation of design options, water body status protection, integration into the local area and avoiding harm to the neighbouring amenity by relating well to the existing context and safe access for cars.
6. Consultations
6.1 No consultations were required. Roads Operations were not consulted given there was no objection raised to the previous application involving up to 30 worshippers at any one time.
7. Representations
7.1 Following neighbour notification and advertisement in the local press, 92 representations were received including 1 from Councillor McLaren and 1 from Stepps and District Community Council. A 68 signature petition in support of the application was received from the applicant. The points of objection raised can be summarised as follows:
Point of Objection: A number of objector’s state they object on the same grounds as they did to the previous planning application.
Comment: As they haven’t specified their concerns to this application their previous points of objection cannot be taken into consideration.
Point of Objection: The fact there is no fixed time will have a detrimental impact on residential amenity due to traffic congestion, noise and general disturbance at unsociable hours.
Comment: The activity would be limited to between the hours of 7.30am and 6.30pm 7days a week. The increased usage of the property particularly at the weekends is considered to adversely affect the residential amenity of local residents.
Point of Objection: During Ramadan adults attend the property between 10 p.m. and 2.30 a.m. which leads to noise and disruption.
Comment: The proposal does not include specific use of the property during Ramadam.
Point of Objection: The application property is situated on a private narrow road with no footpath which is already congested. It also sits at the busiest junction in Stepps, which now has 4 way traffic lights. The increase in traffic would be detrimental to the area given the high traffic levels associated with the businesses on Laundry Lane, the nursery on Cumbernauld Road and the large scale housing development under construction at Frankfield Loch.
Comment: While it is considered that there will be a detrimental impact on residential amenity, Roads Operations did not object to the previous application for 30 worshippers.
Point of Objection: There is concern that there is not sufficient space within the site to accommodate the parking levels associated with the development, resulting in overspill parking in the immediate locale, including the nearby Co-Op.
Comment: Roads Operations did not object to the previous application for 30 worshippers.
Point of Objection: There is no turning area on Laundry Lane and as such there is concern that residential driveways will be blocked and the lane will be further congested at all times.
Comment: While there will be a detrimental impact on residential amenity, Roads Operations did not object to the previous application for 30 worshippers.
Point of Objection: Laundry Lane is a privately owned and has recently been upgraded. The owner of the lane does not want increased usage of the lane to disrupt the business and residents that use it.
Comment: The above is a legal matter and is not material to the consideration of this application.
Point of Objection: The proposed use is not considered suitable for a residential area and should be sited away from private dwellings. It should remain principally a private dwelling and not for any group religious activity regardless of belief.
Comment: It is considered that the predominately residential character of the area will be adversely affected by the proposed intensification of the use.
Point of Objection: Approving the proposal would set a precedent; a place of worship should be a special building not a residential property.
Comment: There is concern that approving the development at the proposed level of usage would set an unacceptable precedent which would make it difficult for the Planning Authority to refuse other similar applications.
Point of Objection: It would be more appropriate if the use took place within a community or public building.
Comment: It should be noted that the building currently has permission for a limited scale of community use, but the intensification of the use would be likely to change the residential character of the area.
Point of Objection: There is concern that policing of incidents may be an issue.
Comment: The above is not material to the consideration of this application.
Point of Objection: Large groups of males congregating before and after prayers will be intimidating, particularly for women.
Comment: The above would be a policing matter and is not material to the consideration of the application.
Point of Objection: The proposal will result in a reduction in the value of resident’s homes.
Comment: The above is not a material planning consideration.
Point of Objection: The proposal does not benefit the local community; only a small minority. It is not needed. The residential and cultural identity of Stepps is being destroyed.
Comment: The above are not material to the consideration of this application.
Point of Objection: There were requests to sell halal meat in the local Co-Op.
Comment: The above is not a material planning consideration.
Point of Objection: Current level of usage has a detrimental impact on objector’s personal enjoyment of their home and the proposal will add more stress to a situation where a group thinks their rights are above those of their neighbours and wider community.
Comment: It is considered that the intensification of use will adversely affect the residential amenity of local residents.
Point of Objection: There are alternative places of worship within a 5 mile radius that could be used thus negating the negative impact of the proposal.
Comment: The above is noted, however the impact of the development must be appropriately assessed on its own merits.
Point of Objection: There would be noise from the call to prayer.
Comment: There is currently no call to prayer and it has not been indicated that this arrangement would change.
Point of Objection: The Council has destroyed Stepps by approving large scale housing development. It should listen to the views’ of the local residents.
Comment: As with any planning application, the Planning Authority will consider all material representations.
Point of Objection: The building is not fit for purpose. It does not conform to Building Standards regulations and fire, emergency evacuation and adequate toilet provision have not been considered.
Comment: The above points are not material to the consideration of the application.
Point of Objection: There is concern that emergency vehicles could not access the properties on Laundry Lane if required to due to congestion.
Comment: Roads Operations did not object to the previous application for 30 worshippers.
Point of Objection: The description of the planning application is unclear and misleading; the proposed use should be stated as a mosque.
Comment: The description clearly outlines the maximum number of attendees on specific days of the week. As the use of the ground floor and the numbers attending are clearly defined and limited it is not considered appropriate to class it as a mosque.
Point of Objection: There have been constant requests to expand the non-residential use of the property with the last application being submitted only 4 months ago. The applicant should be required to wait a reasonable period before resubmission.
Comment: The property has been the subject of 6 planning applications in almost 10 years. The current application is materially different enough from the recently refused application and as such the Planning Authority is duty bound to assess it. This application for increased number of users 7 days a week and the impact of the development must be appropriately assessed on its own merits.
Point of Objection: There is a history of failing to comply with previously attached conditions and as such approving this application would be inappropriate.
Comment: The proposed development must be appropriately assessed on its own merits.
Point of Objection: There are concerns over the monitoring of the development given breach of conditions notices served in relation to 11/0089/FUL and 11/01232/FUL on 7th May 2014. How will numbers be controlled and ensuring that only the ground floor will be utilised.
Comment: The above concerns are noted, however, the proposed development must be appropriately assessed on its own merits.
Point of Objection: The owners of the application property cut down trees under shared ownership with no.73 next door.
Comment: The above is a civil matter that is not material to the consideration of this application.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
North Lanarkshire Local Plan
8.2 Policy HCF 1 A Residential Areas applies to the site, it states there is a presumption against developments detrimental to residential amenity in primarily residential areas. Development of an ancillary nature may be acceptable (e.g. guest houses, children’s nurseries, medical surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking. The proposal is considered to result in a significant loss of residential amenity, due to increases in disturbance, parking and vehicle movements and consequently does not comply with this policy.
Whilst DSP1 - 4 apply to all developments given the scale and nature of this proposal only DSP3 and 4 are of relevance.
8.3 DSP3 Impact of Development: The scale of this proposal is such so as not to place additional demands on community facilities or infrastructure that would necessitate new facilities or improvements in existing provision.
8.4 DSP4 Quality of Development: This policy considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria.
8.5 The relevant section of DSP4 Quality of Development is Part 3(f) Integrating successfully into the local area and avoiding harm to neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties through overlooking, loss of privacy or amenity, overshadowing, or disturbance. The number of persons attending between 7.30am and 6.30pm 7 days a week and the increase in use to the entire ground floor of the dwelling for worship and religious instruction is considered an unacceptable intensification of the existing limited use. The resulting affect on residential amenity is considered to be unacceptable due to increased activity that will lead to the generation of additional traffic movements, parking, noise and general disturbance. This increased activity, particularly at the weekends, will adversely affect the amenity of local residents and will have a detrimental impact on the local character.
9. Conclusions
9.1 The property currently has a limited level of religious instruction and worship. The proposal will see the religious instruction and worship for up to a maximum of 15 persons (at any one time) 7 days a week.
9.2 The original restrictions (10 children between the hours of 7.30 am and 6.30 pm Monday to Friday) for a one year time period were imposed on appeal in October 2009 in order to ensure that there would be no significant impact on residential amenity arising from vehicles entering and leaving the premises. Likewise, any noise would be restricted to this period and would not be intrusive due to the existing traffic noise from Cumbernauld Road. Application 10/01218/FUL for Part Change of Use of Dwellinghouse to Children and Adult Religious Education/Workshop Establishment (12 Children Monday to Friday and 25 Adults on Friday Afternoon) was refused on appeal in May 2011. While the introduction of 2 further children was considered not to have any significant impact on residential amenity the use of the property for adult classes of up to 25 people was considered to be a significant increase in numbers within the context of a relatively small dwellinghouse, albeit it one where the use of part of the ground floor is established for religious instruction. The marked difference in intensity between small classes of up to 10 children and a relatively large group of 25 adults was considered to represent a significant intensification of use, which would be likely to give the impression of a non-domestic scale of use of the property that is otherwise a 1.5 storey house, thus adversely affecting residential amenity. It was further considered that the traffic movement was likely to have an adverse impact on residential amenity, even if restricted to one day a week.
9.3 Therefore, this proposal is considered to be an intensification of the current limited use. The use of the entire ground floor of the property (instead of one room) for religious instruction and worship and the increase of persons attending (by up 50% - 5 persons) at any one time during the week will result in an overriding loss of residential amenity and residential character. Furthermore, the introduction of activity at the weekends, at sometimes unsociable hours, will result in an overriding loss of residential amenity and will not integrate successfully into the local area through a significant increase in usage of a dwelling. In this respect the proposal is contrary to Policy HFC1 (Residential Amenity) and DSP4 (Quality of Development) of the North Lanarkshire Local Plan 2012 and it is therefore recommended that the application be refused.
Application No: Proposed Development:
18/00440/FUL Change of Use from Shop to Hot Food Takeaway Site Address:
2 South Robertson Place Whinhall Airdrie ML6 0DE
Date Registered:
27th March 2018
Applicant: Agent: Mr Jia Shou He N/A House 21 40 Queen Mary Street Glasgow G40 3DN Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 09 Airdrie Central 15 letters of representation received. Trevor Douglas, James Logue, Nancy Pettigrew, David Stocks,
Recommendation: Refuse
Reasoned Justification:
The proposed development is not considered to be acceptable in terms of the North Lanarkshire Local Plan in that it would lead to additional disturbance and activity in a primarily residential area to the detriment of the residential amenity of the area.
Reproduced by permission of Planning Application: 18/00440/FUL the Ordnance Survey on Name (of applicant): Mr Jia Shou He behalf of HMSO. © Crown Copyright and database right Site Address: 2 South Robertson Place 2009. All rights reserved. Whinhall Ordnance Survey Licence Airdrie number 100023396. North Lanarkshire ML6 0DE Development: Change of Use from Shop to Hot Food Takeaway
Recommendation: Refuse for the Following Reasons:-
1. The proposal does not comply with Policies HCF1A, RTC3B and DSP4 of the North Lanarkshire Local Plan as the proposed change of use would increase noise, activity and general disturbance such that the amenity of the surrounding residential area would be adversely affected to an unacceptable degree.
Background Papers:
Consultation Responses:
Environmental Health (including Pollution Control) received 12th April 2018
Contact Information:
Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500
Report Date:
25th April 2018 APPLICATION NO. 18/00440/FUL
REPORT
1. Site Description
1.1 The application site is an existing class one retail unit located at 2 South Robertson Place, Whinhall, Airdrie. The property is a single storey detached shop unit finished in facing brick, painted render and slate roof and has a typical shopfront design on the principal elevation. The unit is bounded by two storey residential properties on all sides in the wider area and directly by open space to the rear and a parking area to the front.
2. Proposed Development
2.1 This application seeks full planning permission for the change of use from a shop (Class 1) to hot food takeaway (Sui Generis) including external alterations, specifically the addition of a flue to the side of the premises.
3. Applicant’s Supporting Information
3.1 The applicant has not provided any additional supporting information.
4. Site History
4.1 The property appears to have operated as a local convenience store for a significant period of time.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The application site is covered by Policy HCF1A which presumes against development detrimental to residential amenity whilst indicating that development which is of an ancillary nature may be acceptable, subject to impact on residential amenity and provision for servicing and parking. Policies RTC3 (Bad Neighbour development) and DSP 4 (Quality of development) are also Relevant.
6. Consultations
6.1 A summary of comments from consultees is as follows:
i) NLC Pollution Control no objection subject to conditions relating to noise in relation to ventilation.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, 15 representations have been received. Of the representations received it should be noted that 12 were received within the statutory timescale of 21 days and 3 outwith that period. The 12 objections received within the statutory timescales outline the following matters:-
Noise impact and impact on residential amenity given extended hours of operation to late in the evening. Odours Anti-social behaviour Increase in traffic and lack of sufficient parking provision Proliferation of hot food premises with another located 500 yards from the proposed application site. Increase in litter associated with the premises and vermin. Large bins placed outside would be unsightly Detrimental impact on surrounding house prices Lack of neighbour notification of the development when within notifiable distance.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan: North Lanarkshire Local Plan (NLLP): The site is covered by local plan policy HCF1A (Protecting Residential Amenity and Community Facilities) which presumes against developments detrimental to residential amenity. New development which is of an ancillary nature may be acceptable subject to impact on residential amenity and provision for servicing and parking (discussed further below).
8.3 Policy RTC 3B (Bad Neighbour Development) outlines that planning permission will only be granted in circumstances where it can be demonstrated by the applicant that amenity would not be adversely affected. In this instance it is considered that the proposed change from shop to hot food takeaway will have a detrimental impact on the surrounding residential amenity in terms of associated noise and disturbance from the likely increased traffic movements, increased evening opening hours and increase in patrons visiting the premises later in the evening than the existing established use. The proposals are therefore considered not to comply with policies HCF 1A and RTC 3B as noted above.
8.4 The NLLP also requires developments be assessed against policies DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). Given the scale and nature of the development DSP1, DSP2 and DSP3 are not relevant in this instance.
8.5 Policy DSP4 is of relevance which seeks a high quality of development ensuring that proposals are well designed and safeguard the amenity of neighbouring properties, taking account of transportation issues. As noted above the proposed development is considered to have a detrimental impact on the surrounding residential amenity in terms of associated noise and disturbance from the likely increased traffic movements, increased evening opening hours and increase in patrons visiting the premises later in the evening than the existing established use. In terms of traffic and transportation there are concerns regarding the increase in disturbance associated with additional vehicular traffic associated with the use (especially late at night) but no concerns in relation to the associated parking provision and availability of on-street public parking provision in the surrounding area. It is therefore considered that the proposed development will not integrate successfully into the local area or avoid harm to the neighbouring amenity as it will not relate well to the existing context which is that of a quiet residential area and would introduce noise and disturbance and loss of amenity contrary to the requirements of policy DSP4.
8.6 Consultations: Pollution Control has no objection to the development subject to conditions relating to noise in relation to ventilation.
8.7 Representations: In terms of the objections raised, I would offer the following comment:
Noise impact and impact on residential amenity given extended hours of operation to late in the evening.
Response: As noted in paragraphs 8.2 to 8.5 above it is considered that the proposed development will have a detrimental impact on the surrounding residential amenity given concerns regarding an increase in noise and disturbance associated with the use and likely increase in activity later in the evening which will not relate well to the existing context which is that of a quiet residential area.
Odours
Response: It is not considered that the development would have a significant impact on odours in the area given that the proposed flue to deal with such odours and having consulted NLC Pollution Control they have offered no objections to the proposals subject to conditions.
Anti-social behaviour
Response: Any issues with regard to anti-social behaviour are matters for the police and not a material planning consideration in the assessment of the proposed development.
Increase in traffic and lack of sufficient parking provision.
Response: As noted in paragraph 8.5 above whilst there are concerns in terms of the increase in disturbance associated with additional vehicular traffic that could be generated by the proposed use there are no concerns in relation to the associated parking provision and availability of on-street public parking provision in the surrounding area to service the premises.
Proliferation of hot food premises with another located 500 yards from the proposed application site.
Response: It is not considered that the change of use from shop to hot food takeaway would result in a proliferation of such hot food takeaway premises in the area sufficient to warrant refusal of permission for that reason.
Increase in litter associated with the premises and vermin.
Response: It is not considered that the proposed development would have a significant impact on litter in the area or result in increase in vermin sufficient to warrant refusal of the application in this instance.
Large bins placed outside would be unsightly
Response: The proposals do not include any details of bins to be sited outside the premises.
Detrimental impact on surrounding house prices
Response: The impact of the development on surrounding house values is not a material planning consideration in the assessment of the proposed development.
Lack of neighbour notification of the development when within notifiable distance.
Response: Having checked the neighbour notification carried out with respect to the proposed development I can confirm that all properties located within the notifiable area were notified of the proposals. Furthermore the application was also advertised in the local paper.
9. Conclusions
9.1 The proposed development is considered contrary to policies HCF1A, RTC 3B and DSP4 of the North Lanarkshire Local Plan in that the proposed development is considered unacceptable and likely to result in a detrimental impact on surrounding residential amenity sufficient to warrant refusal of the application in this instance. The proposed development will not integrate successfully into the local area or avoid harm to the neighbouring amenity as it will not relate well to the existing context which is that of a quiet residential area and would introduce noise and disturbance and loss of amenity to the detriment of the surrounding residential properties. Accordingly, it is recommended that planning permission be refused for the reasons noted above.