North Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of the Planning and Environment Committee

Committee Date: 13thOctober 2004

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

1 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE

13th October 2004

Page Application No Applicant Development I Locus Recommendation

5 N/04/01034/0UT June Barrowman & Formation of 5 Dwellinghouse Plots Grant Susan Brumfitt Site South of Craigview High Barrwood Road,

16 N/04/01216/FUL Walker GrouplBett Construction of an Access Road Grant HomeslPersimmon Site to the West of Devro Homes Gartferry Road,

20 N1041012531FUL West Of Scotland Construction of 29 Dwellinghouses and Grant Housing Association Flats Site to the South of Kelvin Drive Moodiesburn

26 N/04/01 28 1/FU L CG Property Ltd Construction of a Supermarket Grant Site to the Rear of Knights of St. Columba Hall Blackwoods Crescent, Moodiesburn

37 N/04/01419/FUL College Construction of Teaching Block and Grant Linking Entrance Extension to College Building Cumbernauld College North Carbrain Road, Cum bernauld

42 N/04/01422/LBC Cum bernauld College Construction of Teaching Block & Grant (P) Linking Entrance Extension & Internal Alterations to College Building Cumbernauld College North Carbrain Road, Cum bernauld

46 N/04/01493/FUL 02 (UK) Ltd Installation of 3 Rooftop Antenna Grant Fleming House 2 Tryst Road, Cum bernauld

50 N/04/01542/0UT Mr A Mitchell Construction of a Dwellinghouse Grant Mitchell House The Lane,

58 N/04/01571/FUL Mr S Brennan Change of Use of Tourist Grant Accommodation to a Dwellinghouse with an Extension Adamswell Farm,

62 C/04/0002O/FUL Corpus Christi RC Erection of 2.3 metre high fence Grant Presbytery Corpus Christi R C Presbytery Crowwood Crescent

2 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE

13th October 2004

67 C/04/00847/FUL Mr Robert Leung Change of Use of Public House to Grant Licensed Restaurant - 41 Hallcraig Street Airdrie

70 C/04/00920/FUL Mr R Martin Part Change Of Use Of Class 1 Shop Grant To Hot Food Takeaway Shop Glenboig Road Glenboig

73 C/04/00989/FUL Budda Properties Ltd Change of Use Of Shop (Classl) to Grant Public House - 86 Stirling Street Airdrie

79 C/04/01373/FUL Mr & Mrs Mohammed Change of Use from Shop to Hot Food Refuse Ali Takeaway - 6 Edward Street

85 C/04/01 476/F UL British Telecom Erection of 0.3m Microwave Dish on Grant Existing Telecommunication Mast - Land Owned By Kipps Farm Road

89 C/04/01543/FUL Gallery Homes Ltd Erection of Residential Development - Grant (P) Former Carpet Factory, 10 West George Street, Coatbridge

98 S/04/00372/FUL Mrs Ali Erection of Second Storey to Existing Refuse Extension and Creation of Car Port - 138 Branchalfield Drive ML2 8QE

104 S/04/00903/FUL Drew Dingwall Erection of Dwellinghouse Grant Land South East of 220 North and South Road Cleland

111 S/04/01097/FUL Whitedale Development 2.5-3.5 Storey Residential Development Grant Ltd Comprising 20 Flatted Dwellings and Ancillary Car Parking and Landscaping Land at and East of 126-128 Clydesdale Road

120 S/04/01183/FUL Mr F McGillivray Erection of Domestic Dog Kennels with Grant 5 Runs (In Retrospect) - 37 Llynallan Road Harthill

125 S/04/01348/FUL Mr & Mrs Grech Erection of a Rear Conservatory Grant 4 Dickson Path Bellshill ML4 2SP

130 S/04/01421/FUL BP Oil (UK) Ltd Erection of a Filling Station and Grant Forecourt (including canopies, pumps and underground tanks) Sales Building, Car Care Facilities Parking, Landscaping and other Associated Works - Harthill North Motorway Service Area Harthill, Shotts

3 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE

13th October 2004

134 S/04/01425/FUL BP Oil (UK) Ltd Erection of a Filling Station and Grant Forecourt (including canopies, pumps and underground tanks) Sales Building, Car Care Facilities Parking, Landscaping and other Associated Works - Harthill South Motorway Service Area Harthill, Shotts

138 S/04/01434/FUL Robert & Janet Gray Erection of Dwellinghouse - Refuse 364 Hamilton Road Motherwell MLI 3EG

144 S/04/01500/FUL 02 (UK) Ltd Erection of a 12.5 metre High Slimline Grant Monopole with 3 No. Antennas and 2 No. Street Furniture Cabinets with all Associated Ancillary Development - Land at Quarry Street Motherwell

149 S/04/01531/FUL Mr & Mrs Rockwood Erection of Conservatory Grant 20 Carbarns Road Wishaw ML2 OAU

(P) N/04/01422/LBC If granted, refer to Scottish Ministers (Listed Building) (P) C/04/01543/FUL If granted, refer to Scottish Ministers

4 Application No: N/04/01034/OUT

Date Registered: 5th July 2004

Applicant : June Barrowman & Susan Brumfitt Green Farm Cottage Ossington Road Kneesall Newark NG22 OAB

Agent Norris Hamilton Architect Parkland Design Studio 14 Meadow View Cum bernauld G67 2BY

Development: Formation of 5 Dwellinghouse Plots

Location: Site South of Craigview, High Barrwood Road, Kilsyth

Ward: 66: Banton and Kilsyth East Councillor Tom Barrie

Grid Reference: 273006677658

File Reference: N/04/01034/0UT

Site History: CN/77/009: Construction of Dwellinghouse - Refused February 1977 86/043/PL: Construction of Dwellinghouse - Refused July 1986 8810641PL: Residential Development - Refused August 1988

Development Plan: The site is identified as being within the urban envelope in the Kilsyth Local Plan 1999.

Contrary to Development Plan: No

Consultations: NLC Community Services (Com ments) Scottish Natural Heritage (Comments) Scottish Water (Objection)

Representations: 122 Representation Letters

Newspaper Advertisement: Not Required

Comments:

The application is for the formation of five house plots with vehicular access from High Barrwood Road, Kilsyth. Four plots are on the southern part of the site adjacent to Mid Barrwood Road. The site consists of 0.65 hectares of mature broadleaf woodland on undulating land at the north and 0.38 hectares of open grassland at the south.

5 6 Although there are no Local Plan policy objections to residential development, there are concerns over road safety and the loss of an area of woodland which is valued by local residents and supports a variety of wildlife.

Negotiation with the applicant has resulted in the following changes to the original submission :-

a) reduction of the number of plots from I0to five, b) retention of the main woodland area, c) deletion of vehicular access from the substandard Mid Barrwood Road.

Despite the above changes to the proposals, the objections remain on the grounds of extra traffic on High Barrwood Road and on an adverse effect on the local area of woodland. Notwithstanding these objections, it is considered that the current proposal is a reasonable compromise between development, amenity and road safety interests. Only a few of trees will be affected and, although private in part, High Barrwood Road is constructed to a reasonable standard.

It is recommended that planning permission be granted

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

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

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

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

4. That the proposed dwellinghouses shall :- 0 have their plots positioned as shown on the approved plan (ref. 356/4), 0 front on to High Barrwood Road (plot 1) and Mid Barrwood Road (plots 2-5) 0 have no direct vehicular access on to Mid Barrwood Road, 0 be designed in individual rural cottage styles with a maximum height of one and a half storeys,

or such other scheme as may be to the satisfaction of the Planning Authority.

Reason: To ensure that the dwellinghouses are acceptable for the site and for the general area.

7 5. That no trees shall be felled on the application site (unless with the written approval of the Planning Authority) other than trees 1, 2, 9, 23, 33, 34, 54 and 55 as identified on the Tree Survey plan ref Midbad1

Reason: In order to retain the woodland character of the site.

6. That the landscape details required by Condition 1 above shall include appropriate woodland planting and a woodland management plan covering the protection and future management of the woodland within the application site.

Reason: In order to retain the woodland character of the site.

7. That the landscape details required by Condition 1 above shall include a survey (by a suitably qualified person) of habitats potentially affected by the proposed development for any protected species; this shall include badgers, bats and roosts in mature trees scheduled for felling.

Reason: To minimise risk to protected species.

8. That any tree or shrub vegetation removal shall take place outwith the bird breeding season, normally April to August, inclusive.

Reason: In the interests of nature conservation and to minimise risk to protected species.

9. That the access details required by Condition 1 above shall include full design, construction and levels details for the access to plots 2-5; this access shall be in the position shown on plan ref. 356/4 and shall be surfaced and shall allow for two vehicles to pass.

Reason: In the interests of road safety and amenity by ensuring that the access is safe and respects the woodland setting.

10. That there shall be no vehicular access from the site on to Mid Barrwood Road.

Reason: In the interests of road safety by preventing extra vehicular traffic on the severely sub standard Mid Barrwood Road.

11. That the drainage details required by planning Condition 1 above shall incorporate connection of foul drainage to the adopted sewerage system and a Sustainable Urban Drainage System (SUDS) for surface water drainage: the drainage details shall incorporate written confirmation that Scottish Water is satisfied that the proposed development can be served by the local sewerage system.

Reason: To ensure that drainage is appropriate for the site and the general area and in recognition of uncertainty over the capacity of local sewerage apparatus.

12. That the detailed / reserved matters application required by planning Condition 1 shall incorporate a Construction Management Scheme; this Scheme shall include construction vehicle access details, protection of existing services, protection of woodland on the site, protection of nature conservation interests and protection of the local residential environment.

8 Reason: In the interests of amenity and road safety by ensuring that due regard is taken of local features and interests during the construction phase.

Background Papers:

Application form and plans received 15th June 2004

Memo from NLC Community Services received 29th July 2004 Letter from Scottish Natural Heritage received 20th July 2004 Letter from Scottish Water received 15th July 2004

Letter from Jim & Morag Livingstone,Failte, 4 Coach Close, Kilsyth, G65 OBQ received 29th June 2004. Letter from C Wilson,Romar, Coach Road, Kilsyth, G65 received 29th June 2004. Letter from Kathleen Linn,Woodside View, 7 Coach Close, Kilsyth, G65 OQB received 29th June 2004. Letter from Norman A Kenyon,Woodview House, High Barrwood, Kilsyth, received 29th June 2004. Letter from Joanne McLaren,Ashley, High Barrwood Road, Kilsyth, G65 OEE received 29th June 2004. Letter from Mr Martin Benton,Ashley, High Barrwood Road, Kilsyth, G65 OEE received 29th June 2004. Letter from Allison Ha11,3 Craigstone View, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Alistair Ha11,3 Craigstone View, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Lesley Benn,Rowanbank, High Barrwood Road, Kilsyth, G65 OEE received 29th June 2004. Letter from Mr Stuart Howard,Heatheryknowe,High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Anne Howard,Heatheryknowe,High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Dr Elaine Ogg,Serena, High Barrwood Road, Kilsyth, G65 OEE received 29th June 2004. Letter from Ronnie McKenzie,Morar, High Barrwood Road, Kilsyth, G65 OEE received 29th June 2004. Letter from Mary McKenzie,Morar, High Barrwood Road, Kilsyth, G65 OEE received 29th June 2004. Letter from Mr David Grant,Four Winds, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Marie Grant,Four Winds, High Barrwood Road, Kilsyth, G65 OEE received 29th June 2004. Letter from Mr Kenneth Grant,Four Winds, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Mr John Clelland,Craigstone, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Dorothy Clelland,Craigstone, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Mr George Shepherd,Craigview, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Mr Greg Shepherd,Craigview, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Margaret Shepherd,Craigview, High Barrwood Road, Kilsyth , received 29th June 2004. Letter from Avril J Shennan,The Whins, High Barrwood , Kilsyth, G65 OEG received 29th June 2004. Letter from Julie Shennan,The Whins, High Barrwood, Kilsyth, G65 OEG received 29th June 2004. Letter from Mr Robert Shennan,The Whins, High Barrwood, Kilsyth, G65 OEG received 29th June 2004. Letter from Vicki Shennan,The Whins, High Barrwood, Kilsyth, G65 OEG received 29th June 2004. Letter from Mr lan Morton,The Sheiling, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Margaret Morton,The Sheiling, High Barrwood Road, Kilsyth, received 29th June 2004. Letter from Mr & Mrs Horbury,Kinsale, High Barrwood, Kilsyth, G65 received 30th June 2004. Letter from Darryn And Denise Trainor,'Molson', 4A Coach Close, Kilsyth, received 1st July 2004. Letter from Mr George Kilbride,3 Coach Close, Kilsyth, G65 OQB received 12th July 2004. Letter from Mr James Kilbride,3 Coach Close, Kilsyth, G65 OQB received 12th July 2004. Letter from Margaret Blair,l 1 Coach Close, Kilsyth, G65 OQB received 12th July 2004. Letter from Mr Ryan Blair,l 1 Coach Close, Kilsyth, G65 OQB received 12th July 2004. Letter from Claire Kilbride,3 Coach Close, Kilsyth, G65 OQB received 12th July 2004. Letter from Mr John Morgan,6 Coach Close, Kilsyth, G65 OQB received 13th July 2004. Letter from Elizabeth Kilbride,3 Coach Close, Kilsyth, G65 OQB received 13th July 2004. Letter from Mr & Mrs J Morgan,6 Coach Close, Kilsyth, G65 OQB received 31st August 2004. Letter from Mr James Kilbride,3 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Claire Kilbride,3 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Elizabeth A Kilbride,3 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Jean Maxwell,Heatherslea, Coach Road, Kilsyth, G65 received 1st September 2004.

9 Letter from Margaret R Maxwell,Heatherslea, Coach Close, G65 OPR received 1st September 2004. Letter from Vicky Palethorpe,Coil Ahbruin, Coach Road, Kilsyth, received 1st September 2004. Letter from Mr Bill Palethorpe,Coil Ahbruin, Coach Road, Kilsyth, received 1st September 2004. Letter from Mr George Kilbride,3 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Mr C Wilson,Romar, Coach Road, Kilsyth, G65 OPR received 1st September 2004. Letter from Mrs Jeanette Wilson,Romar, Coach Road, Kilsyth, G65 OPR received 1st September 2004. Letter from Mr John D McAllister,Redwood Lodge, Coach Road, Kilsyth, received 1st September 2004. Letter from Janet McAllister,Redwood Lodge, Coach Road, Kilsyth, received 1st September 2004. Letter from Mrs Morag Livingstone,Failte,4 Coach Close, Kilsyth, G65 received 1st September 2004. Letter from William Hi11,9 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from J Hi11,9 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Darryn & Denise Trainor,4A Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Denise Trainor,4A Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Mr R Blair,Kilarden, 11 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Mrs M Blair,Kilarden, 11 Coach Close, Kilsyth, G65 OQB received 1st September 2004. Letter from Mr Robert Blair,Kilarden, 11 Coach Close, Kilsyth, G65 received 1st September 2004. Letter from The Occupier,lO Coach Close, Kilsyth, G65 received 1st September 2004. Letter from The Occupier,10 Coach Close, Kilsyth, G65 received 1st September 2004. Letter from Catriona Anderson,8 Coach Close, Kilsyth, G65 received 1st September 2004. Letter from Mr Paul Anderson,8 Coach Close, Kilsyth, G65 received 1st September 2004. Letter from Mr & Mrs R Horbury,Kinsale, High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mr G. Shepherd,"Craig View", High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from M. P. Shepherd,"Craig View", High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mr G. Shepherd,"Craig View", High Barrwood Road, Kilsyth, . received 3rd September 2004. Letter from Catherine Rennie,Stroma, High Barrwood Road, Kilsyth, . received 3rd September 2004. Letter from Mr J. Morton,The Sheeling, High Barrwood Road, Kilsyth, . received 3rd September 2004. Letter from M. Morton,The Sheeling, High Barrwood Road, Kilsyth, . received 3rd September 2004. Letter from Mrs A. Howard,Heatheryknowe,High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mr S.Howard,Heathery Knowe, High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Ann Marie Brown,94 Balmalloch Road, Kilsyth, G65 9NW received 3rd September 2004. Letter from Mr Jim Brown,94 Balmalloch Road, Kilsyth, G65 9NW received 3rd September 2004. Letter from Mr J Neill,Fellview, High Barrwood Road, Kilsyth, G65 received 3rd September 2004. Letter from Mrs M Neil,Fellview, High Barrwood Road, Kilsyth, G65 received 3rd September 2004. Letter from Mr Mellis,29 High Barrwood Road, Kilsyth, G65 OEE received 3rd September 2004. Letter from Mrs A Sandeman,30 High Barrwood, Kilsyth, G65 OEF received 3rd September 2004. Letter from Joanne McLaren,Ashley, High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mr Martin Benton,Ashley House, High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Anne Cadden,Rowan Bank, High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mr John Kelly,Morven, High Barrwood, Kilsyth, G65 OEE received 3rd September 2004. Letter from C Matthews,Morven, High Barrwood, Kilsyth, G65 OEE received 3rd September 2004. Letter from Colette Matthews,Morven, High Barwood, Kilsyth, G65 OEE received 3rd September 2004. Letter from Mr Alan Merry,"Ashlyn", High Barrwood Road, Kilsyth, G65 received 3rd September 2004. Letter from Helen Merry,"Ashlyn", High Barrwood Road, Kilsyth, G65 received 3rd September 2004. Letter from Occupier,4 Craigstone View, High Barrwood, Kilsyth, G65 OHB received 3rd September 2004. Letter from Theresa McCann,4 Craigstone View, High Barrwood, Kilsyth, received 3rd September 2004. Letter from Mr W. G. McCann,4 Craigstone View, High Barrwood, Kilsyth, received 3rd September 2004. Letter from Occupier,4 Craigstone View, High Barrwood, Kilsyth, G65 OHB received 3rd September 2004. Letter from Kathleen Linn,7 Coach Close, Kilsyth, G65 OQB received 3rd September 2004. Letter from Chris Mooney,5 Craigstone View, High Barrwood, Kilsyth, received 3rd September 2004. Letter from Kathleen Mooney,5 Craigstone View, High Barrwood, Kilsyth, received 3rd September 2004. Letter from Mr Henry Mooney,5 Craigstone View, High Barrwood, Kilsyth, received 3rd September 2004. Letter from G D McKenzie,lOD Stirling Road, Kilsyth, G65 OHX received 3rd September 2004. Letter from Occupier,Rowan Bank, High Barrwood Road, Kilsyth, G65 OEE received 3rd September 2004. Letter from Agnes Brady,Hilltop Cottage, 87 High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mr G. Brady,Hilltop Cottage, 87 High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Avril J Shennan,The Whins, High Barrwood, Kilsyth, G65 OEG received 3rd September 2004.

10 Letter from Mr Robert Shennan,The Whins, High Barrwood, Kilsyth, G65 received 3rd September 2004. Letter from Julie Shennan,The Whins, High Barrwood, Kilsyth, G65 OEG received 3rd September 2004. Letter from Vicki Shennan,The Whins, High Barrwood, Kilsyth, G65 OEG received 3rd September 2004. Letter from Mr Ronald D McKenzie,"Morar", High Barrwood, Kilsyth, received 3rd September 2004. Letter from Mary T McKenzie,"Morar", High Barrwood, Kilsyth, G65 received 3rd September 2004. Letter from Mr David MatthewqMorven, High Barrwood, Kilsyth, G65 OEE received 3rd September 2004. Letter from Owner/Occupiers,24 High Barrwood Road, Kilsyth, G65 received 3rd September 2004. Letter from Mr John Clelland,Craigstone, High Barrwood, Kilsyth, G65 OEE received 3rd September 2004. Letter from Dorothy Clelland,Craigstone, High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mrs J Truten,Glenview, 20 High Barrwood Road, Kilsyth, received 3rd September 2004. Letter from Mr Robert Adams,l9 High Barrwood Road, Kilsyth, G65 received 3rd September 2004. Letter from J Durbin,27 High Barrwood Road, Kilsyth, G65 OEE received 3rd September 2004. Letter from Catherine Adams,l9 High Barrwood Road, Kilsyth, G65 received 3rd September 2004. Letter from Margaret Maxwell,21 High Barrwood, Kilsyth, G65 received 3rd September 2004. Letter from Mr lan Maxwell,21 High Barrwood, Kilsyth, G65 received 3rd September 2004. Letter from Mr J Mellis,29 High Barrwood, Kilsyth, G65 OEE received 3rd September 2004. Letter from Ellen MacFarlane,25 High Barrwood, Kilsyth, G65 received 3rd September 2004. Letter from Mr William MacFarlane,25 High Barrwood, Kilsyth, G65 received 3rd September 2004. Letter from Mr Jim Livingstone,Faillte, 4 Coach Close, Kilsyth, G65 OQB received 3rd September 2004. Letter from Dr Elaine Ogg,'Serena', High Barrwood, Kilsyth, G65 OEE received 3rd September 2004. Letter from Alison Hall, 3 Craigstone View, Kilsyth, G65 OHB received 3rd September 2004. Letter from Owner/Occupier,3 Craigstone View, Kilsyth, G65 OHB received 3rd September 2004. Letter from Mrs E Law, 1 Highland Place, Kilsyth, G65 9PP received 20th September 2004. Letter from Mr B Law, 1 Highland Place, Kilsyth, G65 9PP received 20th September 2004.

Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459.

11 APPLICATION NO. N/04/01034/0UT

REPORT

1. Description of Site and Proposal

1.I This outline application is for the formation of five residential plots at High Barrwood, Kilsyth. All the plots would be accessed from High Barrwood Road, although four are adjacent to Mid Barrwood Road.

1.2 The northern upper area is heavily wooded with large mature trees and a raised rock outcrop. One plot is proposed in this area adjacent to High Barrwood Road.

1.3 The southern lower area is made up of three low, sloping terraces with stone built walls which retain ground on their uphill sides. Four residential plots are proposed on this 0.38 hectare lower area.

1.4 Although the eastern section of High Barrwood Road serving the application site is private, it has a good surface and street lighting. It is, however, narrower than an adopted road and has no formal turning facility.

2. Development Plan

2.1 The site is identified in the Kilsyth Local Plan 1999 as being within the town envelope. Policy HG3 is relevant in specifying that new residential development must be in keeping with the scale and character of the surrounding area. The Structure Plan is not relevant to the current planning application.

3. Consultations and Representations

3.1 Summaries of consultation responses are as follows:-

Scottish Natural Heritage : SNH considers that the proposed development could have an adverse impact on locally important nature heritage interests. These impacts could, however, be reduced to a satisfactory level through conditions and / modifications;

Scottish Water : Scottish Water objects to this application as the cost of providing infrastructure to serve the development is outwith the “reasonable cost” obligations in terms of the Sewerage (Scotland) Act 1968. This objection would be removed if the applicant either bears the cost of the increase in capacity of Scottish Water’s existing infrastructure to accommodate the development andlor promotes a scheme that does not compromise the quality and quantity of discharge from the existing sewerage system.

NLC Community Services : They state that should permission be granted for the residential development it is not anticipated that in the long term the trees proposed for retention within gardens would survive. This would be due to either damage to roots during construction works or the trees being regarded as a liability by the house owners. The site comprises an area of mature broad leafed woodland which is identified in the Local Biodiversity Action Plan as a priority habitat. One of the objectives of this plan is to maintain the current extent of broad leaf and mixed woodland within the North Lanarkshire area. There is anecdotal evidence that badgers and bats use the site. A protected species survey should be undertaken to determine the presence or absence of badgers and bats.

My Transportation Section has recommended that the application be refused on road safety grounds. This is in view of High Barrwood Road being a narrow sub standard private road with no suitable turning facility or footpath.

12 3.2 122 letters of objection from 43 addresses have been received, with the main grounds of objection being as follows :-

0 The development will remove the last remnants of the ancient Barr Wood. The mature, ancient trees must be protected and should be covered by a Tree Preservation Order.

Comment : This matter is covered in paragraph 4.2 below.

The wood is an important local amenity enjoyed by children and others. It contributes to the attractiveness of this part of the Kelvin Valley;

Comment: This matter is covered in paragraph 4.2 below.

0 The wood is home to diverse wildlife including protected species such as Bats.

Comment: This matter is covered in paragraph 4.3 below.

0 The relevant section of Mid Barrwood Road is a narrow, unmaintained track rather than a road. It cannot cope with extra traffic or with any form of heavy vehicle. The owners of Mid Barrwood Road may not allow its use as an access. Adjacent land owners will not allow the necessary widening of Mid Barrwood Road to accommodate the development. There is a gas pipe under Mid Barrwood Road which would be damaged by extra traffic.

Comment : Given all the above problems, the application has been amended and no access is now proposed from Mid Barrwood Road.

0 Extra traffic on Coach Close (providing access on to Mid Barrwood Road) would be dangerous for local children and would cause noise, disturbance and congestion.

Comment: As stated above, no access is now proposed from Mid Barrwood Road.

0 High Barrwood Road is sub standard and extra traffic associated with the proposed development will endanger children from existing and proposed houses. Development of the northern part of the site will require significant engineering works to remove a whin outcrop. High Barrwood Road cannot cope with heavy vehicles associated with such an operation. A sewer laid at shallow depth under High Barrwood Road would be damaged by extra traffic.

Comment: A planning condition can be imposed requiring that a construction management scheme be submitted with the aim of reducing nuisance and adverse effects on the woodland and on nature conservation interests. The scheme would also require to address the issue of the structural condition of the road and the sewer. However it is inevitable that there will be some disturbance to local residents during the construction of the five houses and the associated engineering works.

0 Ten plots will be an overdevelopment of the site and general area.

Comment ; Only five plots are now proposed. This is considered to be compatible with the semi-residential characters of the area.

13 0 The proposal for septic tanks is not acceptable for the area. Operation of the local mains sewerage system is problematic.

Comment: A planning condition can require that the development be served by mains sewerage and that confirmation be submitted that Scottish Water are agreeable to the proposed system. If this cannot be achieved then the development would not proceed.

There will be overlooking of adjacent properties from the proposed dwellinghouses.

Comment : Should development proceed, it will be ensured that there is no direct loss of privacy. There may, however, be some overlooking due to the height of the application site in relation to some adjacent properties. This is a matter which could be covered through any detailed planning application.

The proposed development will adversely affect existing local natural drainage.

Comment .- The reduced development should have little effect on natural drainage. A planning condition can require that a sustainable urban drainage system (SUDS) be formed for the surface water drainage. It will be a matter for the developer to satisfy the Council and SEPA that an appropriate SUDS can be achieved.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case there are no Structure Plan or Local Plan issues which would justify a refusal of planning permission. The main issues are the impact of the proposed development on the woodland character of the site, and road safety

4.2 Woodland Character : The original plans were unacceptable as the 10 plots would have dominated the woodland. After negotiation it is now proposed to form five plots with all being carefully positioned to minimise the loss of trees and to retain the integrity of the main area of woodland. Similarly, the vehicular access to four of the plots skirts the main area of woodland. It is anticipated that seven out of a total of 58 trees on the site will require to be felled. A planning condition can require that no trees be felled other than those identified in the permission. It is anticipated that a tree preservation order will cover the remaining woodland.

4.3 As recommended by Scottish Natural Heritage, a planning condition can require that a survey be carried out for protected species and that this be submitted with the detailed / reserved matters application.

4.4 Road Safety : Notwithstanding the concerns of my Transportation Section and the local residents, it is considered that the eastern end of High Barrwood Road is of a reasonable enough standard to accommodate the extra traffic from the proposed development. The road is straight, is surfaced, has street lighting and is wide enough to permit two cars to pass with care. A planning condition can require that the proposed access has a geometry to allow it to function as a much needed tuning area for vehicles on High Barrwood Road.

4.5 After negotiation, the original proposal for four plots to take access from the substandard Mid Barrwood Road has been dropped. Although four plots will be served off a communal access from High Barrwood Road, it is not considered that it should be to an adoptable standard. This departure from normal guidance is due to the particular circumstances of the access running off a private road and requiring to have minimum impact on the adjacent woodland. A planning

14 condition can require that the access be surfaced and have sufficient width and/or passing places to allow two vehicles to pass with safety.

4.6 In conclusion it has to be conceded that the application site will be difficult to develop, even for the reduced number of five house plots and their associated access road. It also has to be accepted that there is strong local opposition to the proposed development. It is considered, however, that the proposal is compatible with the semi-residential character of the area in general, maintains the woodland character of the site in particular and can be safely served by High Barrwood Road, albeit the road is not an adopted public highway. Having given this planning application careful consideration, and notwithstanding the level of public concern, it is recommended that outline planning permission be granted.

15 Application No: N/04/01216/FUL

Date Registered: 9th July 2004

Applicant: Walker GrouplBett HomeslPersimmon Homes Clo Walker Group (Scotland) Ltd Westerwood House Royston Road Deans Industrial Estate Livingston, EH54 8AH

Agent G D Lodge & Partners Empire House 131 West Nile Street , G1 2RX

Development: Construction of an Access Road

Location: Site to the West of Devro, Gartferry Road, Moodiesburn

Ward: 67: Moodiesburn East and Blackwood West Councillor William Hogg Grid Reference: 270372 671271

File Reference: N/04/01216/FUL

Site History: N/04/00823/OUT: Residential Development granted 14 September 2004

Development Plan: Covered by Industrial Policy IND 3 of the Strathkelvin Southern Area Local Plan, 1983 and by Interim Housing Policy AHL/I of NLC's Northern Corridor Local Plan, Finalised Draft, 2000.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application is related to the outline planning application N/04/00823/0UT for residential development approved by the Committee on 28 July 2004. That application was then notified to the Scottish Ministers, who did not call it in, and the planning consent was issued onl4th September. Members will recall that the vacant site to the west of the Devro Factory in Moodiseburn is to be developed for up to 260 dwellings. The current application seeks detailed approval for the construction of the access road to the site. The works include the construction of a roundabout on Gartferry Road (this roundabout will also serve Glenview Crescent) and the main distributor road that will serve the site. These works will enable the three named developers (The Walker Group, Bett Homes and Persimmon Homes) to gain access to their respective parts of the development site.

16 \

17 One letter of representation has been received from two local residents who made the same points in relation to the outline application. Their concerns relate to the choice of access and additional volumes of traffic through Moodiesburn. It is the view of the Council as Roads Authority that the choice of access point and the means of access are acceptable. Also, the principle of this development has already been established.

Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this instance, as the principle of the development has been established it is recommended that planning permission for the roadworks be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, a scheme detailing the drainage regime for the road which complies the principles of Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000 shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the submitted scheme will include full details of the design, location and maintenance of the surface water drainage scheme to be installed in connection with the road and detail how this scheme relates to that proposed for the site as a whole and required by Condition 7 of outline planning permission N/04/00823/OUT.

Reason: In the interests of water quality and the environment and to accord with the provisions of Scottish Planning Policy 7.

3. That before the road hereby permitted is completed, the surface water drainage scheme approved under the terms of Condition 2 above shall be installed, and thereafter maintained in accordance with the approved details.

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

4. That before the development hereby permitted starts a Traffic Assessment Report, the scope of which should be first agreed with the Planning Authority and the Scottish Executive as Trunk Roads Authority, shall be submitted to and approved in writing by the Planning Authority in consultation with the Trunk Roads Authority.

Reason: To enable the impacts of the development on the Local and Trunk Road Network to be assessed.

5. That any works to improve the local road and footway network or junctions identified as being necessary to enable the development to proceed and as approved under the terms of Condition 4 above shall be implemented in accordance with the timescale set down within the Transport Assessment.

Reason: In the interests of road and pedestrian safety and to ensure that the development does not adversely impact upon the local and trunk road network.

6. That notwithstanding what is detailed on the approved plans, before the start of the development hereby permitted, a scheme shall be submitted to and approved in writing by the Planning Authority detailing the layout of the road, revised in accordance with the following requirements of the Council as Roads Authority :-

18 1. The position of the roundabout shown on Gartferry Road will require to be reviewed, as its present location is unacceptable as vehicles travelling in an east to west direction have no physical or visual obstruction inhibiting movement to the wrong side of the roundabout. 2. Depending on the outcome of the assessment of the surface water drainage regime required by Condition 2 above, and the Council's requirements for road drainage, additional land may be required to accommodate initial treatment of the water. 3. The road shall be designed and constructed to adoptable standards as per the former Strathclyde Regional Council's "Guidelines for Development Roads" 1986, with traffic calming in accordance with the former Strathclyde Regional Council's "Roads Development Guide" 1995 chapter 6 and any subsequent N.L.C. amendments. 4. Connection to Gartferry Road shall be via a roundabout at the junction with Glenview Crescent. This roundabout is to be designed in accordance with Design Manual for Roads and Bridges - TD16/93, TA78/97 & TA 23/81(and any subsequent amendments). The design speed for this road is 40mph. 5. A minimum 2 metre wide footway shall be provided along the entire frontage of the site adjacent to Gartferry Road. 6. A standard single lay-by bus stop 12 metres long with 20 metres taper and 3 metres wide shall be provided on Gartferry Road in close proximity to existing bus stop. 7. A bus shelter shall be provided at the bus stop. The shelter should be an Adshel Insignia 3 bay shelter in line with the Council's present procurement contract.

Reason: In the interests of road and pedestrian safety.

7. That no dwellinghouse within the development shall be occupied until all of the road works hereby permitted have been constructed, with the new roundabout on Gartferry Road being completed to wearing course level, and the remainder of the internal roads and footpaths being completed to at least to basecourse standard. Thereafter, the internal site roads and footpaths shall be maintained to the satisfaction of the Planning Authority during the remainder of the construction phase.

Reason: To ensure that, in the interests of road and pedestrian safety, residents of the development can safely access the main road and footpath network.

8. That no later than the completion of the last 20 dwellinghouses within the development, all of the road works hereby permitted shall be completed to wearing course level.

Reason: To ensure that, in the interests of road and pedestrian safety, residents of the development can safely access the main road and footpath network.

Background Papers:

Application form and plans received 9th July 2004

Memo from Traffic and Transportation Team Leader received 27th July 2004

Letter from Mr & Mrs D McKenna,8 Lismore Place, Moodiesburn, G69 ONB received 26th July 2004.

Any person wishing to inspect these documents should contact Mr. Lee at 01236 616474.

19 Application No: N/04/01253/FUL

Date Registered: 14th July 2004

Applicant: West of Scotland Housing Association Princes Gate 60 Castle Street Hamilton ML3 666

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

Development: Construction of 29 Dwellinghouses and Flats

Location: Site to the South of Kelvin Drive, Moodiesburn

Ward: 68: Moodiesburn West and Councillor Joseph Shaw

Grid Reference: 269235670538

File Reference: N/04/01253/FUL

Site History:

Development Plan: The site is covered by a ‘residential area policy’ in the Strathkelvin Southern Area Local Plan 1983 and by a ‘new residential development policy’ in the Northern Corridor Local Plan, Finalised Draft 2000

Contrary to Development Plan: No

Consultations: Scottish Water (No Objection) British Gas Transco (No Objection) Scottish Power (No Objection) West of Scotland Archaeology Service (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

The application is for the construction of 29 houses and flats at Kelvin Drive, Moodiesburn. The development consists of five terraced rows and three blocks of flats.

There are no objections to the principle, layout or design of the development and it is recommended that planning permission be granted.

20 21 Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, full details of existing and proposed ground levels shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that proposed levels are appropriate for the site and the general area.

3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that the external materials are appropriate for the site and the general area.

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

Reason: In the interests of amenity by ensuring that walls and fences are appropriate for the site and the general area.

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

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

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

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

22 7. That before the development hereby permitted starts, a management and maintenance scheme for landscaped areas shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of residential amenity by ensuring that landscaped areas are appropriately maintained.

8. That prior to any works commencing on the application site, full details of the location and design of the surface water drainage scheme shall be submitted for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

9. That the SUDS compliant surface water drainage scheme approved under Condition 8 above shall be implemented contemporaneously with the development and in accordance with any approved phasing scheme.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

10. That before the approved development starts:-

(a) a methane gas contamination assessment report and any required remedial measures or, (b) construction details based on the assumption that methane gas is present, shall be submitted to, and approved in writing by North Lanarkshire Council as Planning and Environmental Health Authority.

Reason: In the interest of public safety by ensuring that potential methane gas emissions are addressed.

11, That any works required as a result of the terms of Condition 10 above shall be completed to the satisfaction of the Planning Authority prior to any of the houses or flats hereby permitted being occupied, and a report from a recognised professional engineer confirming that the required works have been completed in accordance with the approved scheme shall be submitted to the said Authority.

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

Background Papers:

Application form and plans received 14th July 2004

Memo from NLC Housing And Property Services received 5th August 2004 Letter from Scottish Water received 5th August 2004 Letter from British Gas Transco received 27th July 2004 Letter from Scottish Power received 28th July 2004 Letter from West Of Scotland Archaeology Service received 1st September 2004

23 Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459.

24 APPLICATION NO. N/04/01253/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for the construction of 29 houses and flats on a 1.6 hectare cleared site at Kelvin Drive, Moodiesburn. The site was recently sold by North Lanarkshire Council to the West of Scotland Housing Association.

1.2 It is proposed to construct 5 terraced rows and 3 blocks of flats, all of which will be two-storey. All units are classed as social housing geared towards persons on lower incomes, with North Lanarkshire Council nominating all initial residents. The 10 flats are classed as amenity houses which can accommodate residents with some degree of disability.

1.3 This is a cleared brownfield site that formerly contained housing.

2. Development Plan

2.1 The proposal accords with the Glasgow and the Clyde Valley Structure Plan 2000(Strategic Policy 9) in that it is development on an urban brownfield site. Under the Northern Corridor Local Plan, Finalised Draft 2000 the site is identified for new residential development and the proposal also complies with the terms of the Strathkelvin Southern Area Local Plan 1983 which identifies the site as being within a residential area.

3. Consultations and Representations

3.1 No objections have been received from any of the following consultees :- 0 Scottish Power 0 Scottish Water 0 Transco 0 West of Scotland Archaeology Service

3.2 My Transportation Section has no objections to the proposal. Although there are reduced car parking levels for some units, this is acceptable in view of the generous amount of visitor parking and the anticipated lower car owning rate of residents of social housing.

4. Planninn Assessment and Conclusions

4.1 The principle of residential development on the site is acceptable with the proposal complying with the emerging local plan. Negotiations have ensured that the layout is acceptable in terms of parking, footpath links and relationship with surrounding housing and open space. The proposed two-storey houses will sit comfortably with the existing houses in the Kelvin Drive area, and there have been no objections from neighbouring residents.

4.2 Taking the above into account, it is recommended that planning permission be granted.

25 Application No: N/04/01281/FUL

Date Registered: 21st July 2004

Applicant: CG Property Ltd Clo GL Hearn 241 St Vincent Street Glasgow G2 5QY

Agent GL Hearn 241 St Vincent Street Glasgow G2 5QY

Development: Construction of a Supermarket

Location: Site to the Rear of Knights of St. Columba Hall, Blackwoods Crescent, Mood iesburn

Ward: 67: Moodiesburn East and Blackwood West Councillor William Hogg

Grid Reference: 269913 670994

File Reference: N/04/01281/FUL

Site History:

Development Plan: The site is covered by residential policies in the Strathkelvin Local Plan 1983 and the Northern Corridor Local Plan (Finalised Draft) 2000.

Contrary to Development Plan: Yes

Consultations: S.E.P.A.(West) (No Response) Scottish Water (No Objection)

Representations: 13 Representation Letters and a 393 Signature Petition.

Newspaper Advertisement: 4thAugust 2004

Comments:

This planning application on behalf of the Co-operative Group is in respect of the construction of a local supermarket at land adjacent to the Knights of Saint Columba Social Club at Blackwoods Crescent, Moodiesburn. The proposed store has a gross floor area of 719 square metres, of which 466 square metres will be allocated for sales.

From the neighbour notification process and advertisement of the application in the local press, 13 individual letters of representation and a petition with 393 signatures have been received. One objector has requested a site visit prior to the determination of the application. Notwithstanding the objections, it is recommended that planning permission be granted.

26

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that the external materials are appropriate for the building and the general area.

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

Reason: In the interests of amenity by ensuring that the fences, walls and lighting are appropriate for the site and the general area.

4. That before the development hereby permitted starts, either; a) a methane contamination assessment report and details of required remedial measures, or; b) construction details based on the assumption that methane is present shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority and Environmental Services Authority to consider these aspects in the interests of public safety.

5. That before the development hereby permitted is completed, the methane contamination remedial measures or appropriate construction works approved under the terms of Condition 4 shall be carried out to the satisfaction of North Lanarkshire Council as Planning and Environmental Services Authority.

Reason: In the interests of public safety.

6. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems. Furthermore, assessments of the pre and post development run-off, the risk of pluvial floodingloverland flow, the risk of sewer flooding and the risk of flooding to neighbouring property arising form the development proposals require to be submitted to and for the approval of the Planning Authority and SEPA.

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

28 7. That the drainage scheme required in term of Condition 6 above shall be implemented by the applicant to the satisfaction of the Planning Authority prior to the supermarket hereby permitted being opened to the general public.

Reason : In the interests of the prevention of groundwater pollution.

8. That before the development hereby permitted starts, details of a pedestrian crossing on Stoneyetts Road shall be submitted by the applicant to and for the approval of the Planning Authority.

Reason : To ensure that the location and technical details of the proposed crossing are acceptable in the interests of traffic and pedestrian safety.

9. That prior to the supermarket hereby permitted being opened to the general public, the pedestrian crossing required in terms of Condition 8 above shall be installed by the applicant to the satisfaction of the Planning Authority.

Reason : In the interests of traffic and pedestrian safety.

Background Papers:

Application form and plans received 21st July 2004

Memo from Local Plans Section received 14th September 2004 Memo from Transportation Team Leader received 20th August 2004 Memo from Geotechnical Team Leader received 9th August 2004 Memo from Head oif Protective Services received 3rd August 2004 Letter from Scottish Water received 17th August 2004

Letter from Gerry Cassidy, Mclnally Associates,6 Newton Place, Glasgow, received 30th July 2004. Letter from Mr N J Mills,21 Cambourne Road, Moodiesburn, G69 OPG received 3rd August 2004. Letter from N Padda,NS Padda & Partners, 10 Larchfield Road, Moodiesburn, received 3rd Aug. 2004. Letter from Owner/Occupier,25 Balllayne Drive, , Glasgow, received 4th August 2004. Letter from Owner/Occupier,27 Ballayne Drive, Chryston, Glasgow, G69 OQB received 4th August 2004. Letter from Karen McNeill,29 Ballayne Drive, Chryston, Glasgow, G69 OQB received 4th August 2004. Letter from Mrs D Moultrie,31 Ballayne Drive, Chryston, Glasgow, G69 OQB received 4th August 2004. Letter from Mr Paul Fenton,33 Ballayne Drive, Chryston, Glasgow, G69 OQB received 4th August 2004. Letter from Owner/Occupier,46 Ballayne Drive, Chryston, Glasgow, G69 OQB received 4th August 2004. Letter from Karen McDougall,48 Ballayne Drive, Chryston, Glasgow, received 4th August 2004. Letter from Mclnally Associates Ltd, 6 Newton Place, Glasgow, G3 7PS received 18th August 2004. Letter from The Occupier,10 Larchfield Road, Moodiesburn, G69 OEF received 27th August 2004. Letter from Mr John Johnston,Chairperson, St Michael School Board, 34 Portreath Road, Moodiesburn, G69 OPF received 21st September 2004.

Letters from GL Hearn received 4'h, gth& 25jth August and 16'h, 20th, 22"d & 28'h September 2004

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

29 APPLICATION NO. N/04/01281/FUL

REPORT

1. Description of Site and Proposal

1.I This application is for the construction of a local supermarket on a 0.8 hectare site at land adjacent to the Knights of Saint Columba Social Club at Blackwoods Crescent, Moodiesburn. The site is presently part grass and part car parking for patrons of the adjacent social club.

1.2 The proposal is for a supermarket of 719 square metres. A total of 55 car-parking spaces are proposed (including four parent and child spaces and 4 disabled spaces) for the supermarket while a total of 16 spaces are to be created for the adjacent social club. It is intended that a one way system will operate throughout the site, with all vehicles entering between the social club and Council offices, and exiting by a newly created road to the rear of the social club.

1.3 The entrance to the supermarket will face towards Balckwoods Crescent, while the side elevation of the building will be visible from part of Stoneyetts Road. The rear elevation will back on to existing trees that run along the rear of the properties at Portreath Road.

1.4 It has been confirmed that the existing Co-op store at Glenmanor Avenue will close if this application is approved as it is overtrading and cannot adequately serve the number of customers who shop at the store. The existing Co-op forms part of an existing parade of shop units and there are no opportunities to extend the store at its current location.

2. National Policy Guidance and the Development Plan

2.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that decisions on planning applications be made in accordance with the development plan unless material considerations indicate otherwise. In relation to the Glasgow and the Clyde Valley Joint Structure Plan 2000, there are no strategic matters to consider in the assessment of this application. The Strathkelvin Local Plan 1983 and the Northern Corridor Local Plan (Finalised Draft) 2000 are the relevant Local plans.

National Policv :

2.2 NPPG8: Town Centres and Retailing reaffirms the commitment to maintaining the vitality and viability of existing town centres. Where the development is not provided for in the development plan, the criteria against which the proposal must be assessed are outlined in Paragraph 45.

2.3 While there is no Moodiesburn ‘town centre’ as such (there are two neighbourhood centres at Blackwoods Crescent and Glenmanor Avenue), in terms of NPPG8 any proposed new retail development should: -

a) satisfy the sequential approach; b) not adversely affect the development plan strategy in support of the town centre; c) be capable of co-existing with the town centre without undermining its vitality and viability; d) tackle deficiencies which cannot be met in qualitative or quantitative terms in or at the edge of the town centre; e) not run counter to the Government’s integrated transport policy; f) be accessible by existing regular, frequent and convenient public transport services; g) address at the developers expense the consequences to the trunk and local road networks of the generated and redistributed traffic resulting from the development proposal; h) result in a high standard of design;

30 i) not threaten or conflict with other important policy objectives or where priority is being given to the re-use of vacant or derelict land, the development should provide an appropriate location for the proposed development; j) not affect local amenity; k) not lead to other significant environmental effects.

The Local Plan :

2.4 The Strathkelvin Local Plan :-

0 Policy E. PRO 6 states that no major change is envisaged by the Council within these areas, and any future development proposals will be considered on merit and in terms of local planning criteria. Within residential areas no development of any significance will be acceptable other than general remedial works and small scale alterations and improvements.

0 Policy E.PRO 7 lists the criteria against which the Council will consider householder applications.

0 Policy SC 1 supports improvements in local shopping facilities.

0 Policy SC 2 states the Council will oppose proposals for hypermarket or superstore or retail warehouses in any part of the plan area.

2.5 The Northern Corridor Local Plan (Finalised Draft) 2000 :-

0 Policy HG3 states there is a presumption against the loss of housing to other uses and seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of established housing areas.

0 Policy SC1 seeks to maintain existing local centres by discouraging developments that could threaten their viability and vitality and will oppose any shopping developments including out of centre and greenfield locations, which could have a detrimental effect on established shopping patterns in the area.

0 Policy SC2 states there is a presumption against proposals that have an adverse impact on the residential environment and proposals which involve the loss of individual shops outwith the local centres. In determining Class 1 applications the Council will consider amongst other things, the following: -

a) whether the proposal could be supported by the appropriate catchment population; b) the effect on the vitality and viability of existing local shopping; c) the availability of suitable alternative sites in or around local shopping areas; d) the extent to which proposals would be accessible to public transport and their effects on travel patterns by motor car; e) the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; f) detailed design elements such as building height, materials, positioning, access for pedestrians and disabled people, and g) the provisions made for vehicular access, parking and the proposal’s impact on pedestrian safety and traffic circulation.

31 3. Consultations and Representations

3.1 My Transportation Section have no objection to the proposal. A pedestrian crossing on Stoneyetts Road is required for the increased pedestrian movements and the applicants have agreed to make this provision. A planning condition can be imposed covering this matter.

3.2 My Protective Services Section have suggested limiting hours of construction and suggested no construction works should take place on Sundays or public holidays. These requirements will be brought to the applicant’s attention if permission is granted.

3.3 Scottish Water has no objections to the proposed development, but advise that a separate system of foul and surface water sewers will be required.

3.4 My Geotechnical Section require a drainage strategy to be submitted demonstrating how the proposals will be drained together with assessments of the pre and post development run-off, the risk of pluvial flooding/overland flow, the risk of sewer flooding and the risk of flooding to neighbouring property arising from the development proposals. Surface water drainage should also be designed to address any concerns SEPA might have regarding water quality and have due regard to the principles of Sustainable Urban Drainage.

3.5 This application was subject to the normal neighbour notification procedures and was also advertised in the local press as being potentially contrary to the Development Plan. A total of 13 individual letters of representation were received. A 393 signature petition has also been received. The main points of objection are summarised as follows :-

+ The proposal will severely affect the viability of Padda’s Store, which has recently been refurbished.

Comment :This is a commercial matter and it is not the role of the planning system to protect the interests of any particular individual retailer.

+ The delivery access on the corner of Blackwoods Crescent is very badly sited, given its proximity to the adjacent primary school. Narrow roads in the area suffer periodically from severe parking congestion during school term time. It would be “an accident waiting to happen” to have this as the main delivery point being directly across the road from Moodiesburn Medical Centre and the Council’s One Stop Shop.

Comment : While appreciating the concerns relative to potential parking congestion, my Transportation Section has not raised any of the above points as being an issue which would justify refusing consent

+ This application is not the same as the previous outline application that was granted planning permission. Confirmation is required that this application is within legal guidelines.

Comment .- There is no record of there being any previous planning applications for the site. + The Chairman of Moodiesburn Community Council raises the point that the fourteen day neighbour notification timescale is too short and states that most community councils take a summer recess.

Comment :This matter does not affect the consideration of the application.

+ NS Padda and Partners is one of 3 substantial food outlets in Moodiesburn, along with the mini supermarket in Muirhead. The development would have a serious effect on all of the outlets, particularly Padda Stores, which has recently been refurbished at substantial costs.

32 Comment: The point has already been covered.

+ N S Padda and Partners have requested a site visit to identify local facilities and the access to the development, which it is felt is badly situated and would cause congestion at the proposed entrance.

Comment .- The request for the site visit is noted. With respect to the transportation issues my Transportation Section are satisfied with the proposal.

+ Standard letters from a number of residents at Ballayne Drive raised concerns about the proposal as their properties are directly behind the planned car park and service vehicles route which will create noise nuisance.

Comment .- The proposal will result in an increase in noise levels in the general vicinity. However it is considered that the properties are a sufficient distance from the application site to only suffer from minimal noise disturbance.

+ The proposal will encourage youths to linger about the site drinking alcohol and leading to vandalism.

Comment :This is a policing matter and not a material planning consideration.

+ There should be a screen fence to the rear of the properties to protect the privacy of the residents.

Comment .- It is considered that the proposed development is a sufficient distance from the properties at Ballayne Drive not to warrant the erection of screen fencing.

+ The residents of Ballayne Drive are concerned that they were not notified of the proposal and only heard about it by word of mouth.

Comment .- The residents of Ballayne Drive did not require to be neighbour notified as the application site does not adjoin their properties.

+ A 393 signature petition has been received stating there is concern about loss of local facilities at the existing shopping centre, thus affecting the vitality and viability of the protected neighbourhood centre within Moodiesburn.

Comment .- While it is accepted that the proposal will result in the loss of the existing Co-op at Glenmanor Avenue, it is considered that a local supermarket adjacent to existing shops at Blackwoods Crescent and in an area of mixed uses is acceptable from a planning perspective.

+ Mclnally Associates Ltd has lodged an objection on behalf of their client Mr. N S Padda who owns the store at 10 Larchfield Road, Moodiesburn. The first point of objection relates to Policy SC1 : Protect and Enhance Existing Local Shopping Area of the Northern Corridor Local Plan 2000. When considering this proposal the impact on existing centres is paramount. There is a real possibility that the existing Co-op will relocate from the local neighbourhood centre at Glenmanor Road, thus adversely affecting existing provision in Moodiesburn by endangering the vitality of both neighbourhood centres.

Comment .- As stated above it is accepted that the existing Co-op will relocate from Glenmanor Road. It is anticipated that another similar operator could locate there thus not damaging the vitality of the neighbourhood centre. The relocation of the Co-op adjacent to the existing shops at Blackwoods Crescent will improve the range of shopping in this area and in Moodiesburn as a whole, and it is considered that it will not affect the vitality of this neighbourhood centre.

33 + The proposal may create a significant vacancy in one area, unnecessarily extend the protected shopping area and increase the likelihood of further vacancies at Blackwoods Crescent.

Comment .- It is accepted that the exiting Co-op at Glenmanor Avenue will close. As stated above a similar operator or another acceptable use could locate there. The extension to the existing centre at Blackwoods Crescent is considered acceptable as it will improve the range of shopping in that area.

+ If approved, the proposal will have serious implications for Padda Stores who have traded at Larchfield Road for over 25 years. Vacancy of the unit as a direct consequence of leakage to any new supermarket would constitute an unacceptably adverse effect to the environmental quality of the area.

Comment :As previously stated, it is considered that the relocation of the Co-op store would improve the range of shopping at the Blackwoods Crescent without affecting the vitality of the centre. Any effect on Padda Stores is a commercial matter and not sufficient material planning consideration to justify refusal of the current application.

+ NPPG8 is clear that any retail proposals that either deny access to retail facilities or undermine existing centres that currently serve the community should be resisted.

Comment .- It is considered the proposed development will not have a detrimental impact on the existing local shopping centres within Moodiesburn. While the larger store will attract more trade than the existing Co-op store, the population of the area will also increase with the new housing at Gartferry Road.

+ The supporting statement fails to demonstrate that there is a deficiency in convenience retail floorspace in Moodiesburn. No household expenditure analysis has been provided and any claim of under-provision is mere supposition.

Comment : It is considered that the supporting statement provides sufficient information to enable the application to be determined.

+ The application site lies outwith the identified neighbourhood retail area and the local plan is clear in its resistance to retail developments outwith the defined areas. An over-extended retail area will weaken the centre’s viability and dilute the fundamental aims of the Plan’s retail policies.

Comment : It is agreed that the proposal is contrary to Local Plan policy. However, as it is directly adjacent to the local centre and is located within a mixed use area, it is considered that the proposal will benefit the centre by improving the range of shopping available.

+ In terms of Policy SC 2: Improve Shopping Facilities of the Northern Corridor Local Plan 2000, the supporting statement does not adequately address the link between household income/expenditure and existinglproposed retail floorspace. The statement’s assertion that further retail provision is required to meet future residential build rates is without basis and must be disregarded.

Comment :While the supporting statement may not cover all the issues raised by Mclnally Associates, I am satisfied that it provides enough information for the determination of the application.

+ The proposed layout, massing, scale and elevation are conspicuously inappropriate to the application site, and the proposal constitutes backland development.

34 Comment .- It is considered that the layout, massing, scale and elevation are acceptable in what is a mixed-use area. Furthermore, as the front elevation of the building will face in the direction of Blackwoods Crescent and will be reasonably visible, it is not considered to constitute backland development. In any event, there are no other sites within the central part of Moodiesburn that could accommodate a small modern supermarket.

+ The proposals raise serious concerns with respect to road and pedestrian safety. The joint use of the single western access for delivery vehicles, pedestrian shoppers, customer vehicles and the social club pedestrian and vehicular traffic is deeply unsatisfactory. The situation will not be assisted by the high numbers of pedestrians from the adjacent school, doctors, dentists, council offices and sheltered accommodation. There is further concern as delivery vehicles will not have room to manoeuvre within the unloading area and may be forced to perform difficult manoeuvres across the central access route.

Comment .- While it would ideal to have total segregation between service vehicles, private cars and pedestrians, this is often difficult to achieve and virtually impossible in this case. My Transportation Section has not raised any concerns with respect to road and pedestrian safety and the compromise solution with a one-way system is considered to be acceptable.

+ In terms of Policy ENV25 : Townscape of the Northern Corridor Local Plan 2000, the proposals bears no relation to the existing built form and scale of the surrounding area. The building has no road frontages and provides no contribution or conformity with local building lines. Recent developments at Blackwoods Crescent such as the doctors and dentist surgeries have successfully introduced a more traditional street frontage bringing an increased perception of containment and pedestrian interface. Comment .- It is considered that the modern design and location of the building are acceptable in this mixed-use area. Furthermore, as the building faces out onto Blackwoods Crescent and is reasonably visible it is not considered to constitute backland development. It would not be possible to achieve a more traditionally street frontage in this location.

+ The proposals do not enjoy any regenerative benefits. While the site is under-utilised, the existing mature trees and views to the hills beyond and formal planting on the street frontage by no means make this a problem area. It is spurious to suggest the proposal would significantly improve the urban landscape. The elevations show little architectural merit and any glazed areas will have security shutters.

Comment .- While the application site might not be a ‘problem area’, it is considered that the proposal will make a positive contribution to the urban environment. The architectural merits of the proposed building are debatable, but it will have the appearance of a modern supermarket and it pretends to be no more than that.

+ The proposal will have little natural surveillance, especially behind the social club. Increased ambiguity between the public and private realms will result in congregation leading to disturbance, security and vandalism issues for surrounding properties, including residential. No fencing or lighting details were available for inspection. Therefore it is difficult to see how the proposal can comply with Policy ENV25.

Comment : It is considered there will be sufficient natural surveillance due to adjacent operators opening late in the evenings, mainly the Social Club, nearby public house, video store and chip shop. Any resulting disturbance, security and vandalism issues are policing matters and are not sufficient material planning considerations to justify refusing consent. The fence and lighting details can be covered by planning conditions.

35 + No landscaping is proposed. It is not accepted that the location and surrounding densities preclude the need for an appropriate level of landscape planning, thus it fails policy ENV25, and due to the points outlined above is also contrary to SPPl (The Planning System) and NPPG8 which stress the importance of environmental quality and good urban design.

Comment: It is considered that there is no need for landscaping due to surrounding densities and the adjacent open space. It is further considered that the proposal will make a positive contribution to the urban environment. The quality of the building design is a moot point.

+ Paragraph 61 of SPPl relates to substantial public opposition being a material consideration. As a substantial number of objections have been received along with a near 400 signature petition it stated that this must be counted as a factor against the development and cannot be lightly set aside.

Comment ; It is agreed that the substantial public opposition to this proposal is a material consideration. However, the grounds of objection must be weighed against other material planning considerations. The petition is headed, “We the undersigned, wish to object very strongly about the proposed opening of a new Co-operative branch in Moodiesburn, which will affect the existing supermarkets that have been established by loyal owners for many years”.

4. Planninn Assessment and Conclusions

4.1 As stated in paragraph 2.1 above, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. While the proposal is contrary to the Local Plan, its location directly adjacent to the existing neighbourhood centre at Blackwoods Crescent, within an area of mixed uses is considered to be acceptable. Furthermore, the proposal will provide a positive contribution to the local environment while improving the range of convenience shopping facilities at Blackwoods Crescent and for Moodiesburn as a whole.

4.2 Notwithstanding the concerns raised by the objectors, and discussed in Section 3, it is recommended that planning permission be granted. It should be noted that one of the objectors has requested that the P & E Committee conduct a site visit prior to determining the planning application.

36 Application No: N/04/01419/FUL

Date Registered: 9th August 2004

Applicant: Cumbernauld College Tryst Road Town Centre Cumbernauld G67 IHU

Agent Jenkins & Marr Suite 5/2 Mercantile Chambers 53 Bothwell Street Glasgow G2 6TS

Development: Construction of Teaching Block and Linking Entrance Extension to College Building

Location: Cumbernauld College, North Carbrain Road, Cumbernauld

Ward: 60: Carbrain East Councillor William Homer

Grid Reference: 275868674272

File Reference: N/04/01419/FUL

Site History: N1021001OYFUL Construction of Teaching Block Withdrawn 16th March 2004 N/04/01422/LBC Construction of Teaching Block Also under Consideration at this Committee N/04/0 149/FUL New Access, Parking Areas and Boundary Treatments Under Consideration (Delegated) N/04/0 148LBC New Access, Parking Areas and Boundary Treatments Under Consideration (Delegated)

Development Plan: The property is covered by town centre policies in the adopted Cumbernauld Local Plan, 1993

Contrary to Development Plan: No

Consultations: S.E.P.A.(W est) (Comments) Scottish Water (Com ments) Strathclyde Fire Brigade (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

37 38 Comments:

The applicants propose to construct a 3 storey teaching block within the grounds of Cumbernauld College, which is a Category B Listed Building. In addition, they propose to construct a single storey extension which will provide a central covered link between the two existing college buildings and the new teaching block. The link will provide central reception facilities, circulation space and student facilities for the College.

The scale and massing of the new teaching block relate well to the existing main building, whilst the design and materials reflect those of the existing buildings. The linking extension is designed as a very light structure which makes a physical connection between the existing and new buildings with the minimum of visual impact on the Listed Building.

An application for Listed Building Consent for the works is also under consideration at this Committee and Planning Permission and Listed Building Consent applications for external works to provide new parking areas and boundary treatments are currently under consideration under the delegated powers procedure. An earlier application for a teaching block in a different position on the site was withdrawn in March 2004.

The expanded college will have 138 parking spaces within its campus, which is a considerable improvement on the current 50 spaces, although slightly deficient in terms of current standards. Whilst the new teaching block will place additional demand on these spaces, it must be borne in mind that the college lies within the town centre adjacent to the Tesco car park and that peak demand times will not necessarily coincide with peak demand times of the adjacent land uses. In addition, the college is reasonably well served by public transport.

It is recommended that planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, details of the phasing and programming of all construction works, shall be submitted to and approved in writing by the Planning Authority.

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

3. That the development shall be implemented in accordance with the programme approved under the terms of Condition 2.

Reason: To enable the Planning Authority to retain effective control, to ensure adequate provision for vehicular and pedestrian access and parking during all stages of construction and to safeguard the amenity of the area.

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

39 Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.

5. That, before the development hereby permitted starts, construction details, which clearly illustrate that the extensions hereby permitted shall be attached to the original building in a manner which clearly allows their removal at some future date with only minimal disruption to the original fabric, shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of preventing unnecessary damage to the fabric of the original building.

6. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principles of Sustainable Urban Drainage Systems.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest guidance on SUDS.

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

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

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

Reason: To ensure that the site is suitable for the development hereby approved.

9. That following completion of all works required under the terms of Condition 8, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all the necessary works have been carried out in full and to a satisfactory standard.

Reason:

Background Papers:

Application form and plans received 9th August 2004 Design Statement by Jenkins & Marr received 11th August 2004. Memo from Head Of Protective Services received 1st September 2004 Letter from S.E.P.A.(West) received 1st September 2004 Letter from Scottish Water received 30th August 2004

40 Letter from British Gas Transco received 17th August 2004 Letter from Strathclyde Fire Brigade received 30th August 2004

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473.

41 Application No: N/04/01422/LBC Date Registered: 9th August 2004

Applicant: Cumbernauld College Tryst Road Town Centre Cum bernauld G67 IHU

Agent Jenkins & Marr Suite 5/2 Mercantile Chambers 53 Bothwell Street Glasgow G2 6TS

Development: Construction of Teaching Block & Linking Entrance Extension & Internal Alterations to College Building

Location: Cumbernauld College, North Carbrain Road, Cumbernauld

Ward: 60: Carbrain East Councillor William Homer

Grid Reference: 275868674272

File Reference: N/04/01422/LBC

Site History: N/02/00103/FUL Construction of Teaching Block Withdrawn 16th March 2004 N/04/01419/FUL Construction of Teaching Block Also under Consideration at this Committee N/04/01149/FUL New Access, Parking Areas and Boundary Treatments Under Consideration (Delegated) N/04/01148LBC New Access, Parking Areas and Boundary Treatments Under Consideration (Delegated)

Development Plan: The property is covered by town centre policies in the adopted Cumbernauld Local Plan, 1993.

Contrary to Development Plan: No

Consultations: The Scottish Civic Trust (No Response) Architectural Heritage Society Of Scotland (No Objection) Historic Scotland (Com ments) Royal Fine Arts Commission (Com ments)

Representations: None Received

Newspaper Advertisement: Advertised on 18th August 2004

42 . .. .

Carbrain, Curnbernauld

43 Comments:

Cumbernauld College is a Category B Listed Building. The applicants propose to construct a 3 storey teaching block within the grounds of the college. In addition, they propose to construct a single storey extension which will provide a central covered link between the two existing college buildings and the new teaching block. The link will provide central reception facilities, circulation space and student facilities for the College.

The scale and massing of the new teaching block relate well to the existing main building, whilst the design and materials reflect those of the existing buildings. The linking extension is designed as a very light structure which makes a physical connection between the existing and new buildings with the minimum of visual impact on the Listed Building.

An application for Planning Permission for the works is also under consideration at this Committee and Planning Permission and Listed Building Consent applications for external works to provide new parking areas and boundary treatments are currently being considered under the delegated powers procedure. An earlier application for a teaching block in a different position on the site was withdrawn in March 2004.

Historic Scotland commented on the need for additional design details to be provided to ensure that the means of connecting the extension to the existing building minimises disruption of the original fabric and enables the future removal of the extension. This can be secured through the imposition of conditions.

The Royal Fine Arts Commission considered that the building should be no more than 2 storeys high, should be re-positioned to create a larger collegiate square, that the proposed materials were incongruous and corporate and that there should be more soft landscaping and less parking within the setting. For practical reasons all of these comments are difficult to accommodate within the constraints of the existing site. The parking shown is already below the level which the college require and by re- positioning the building as suggested it would not be possible to provide access to a large part of the proposed parking. In addition, by reducing the height of the building it's footprint would increase further reducing the opportunities to provide parking and landscaping. The materials are appropriate to the design of the block, whilst referring to those of the original buildings.

It is recommended that listed building consent be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, details of the phasing and programming of all construction works, shall be submitted to and approved in writing by the Planning Authority.

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

3. That the development shall be implemented in accordance with the programme approved under the terms of Condition 2.

Reason: To enable the Planning Authority to retain effective control, to ensure adequate

44 provision for vehicular and pedestrian access and parking during all stages of construction and to safeguard the amenity of the area.

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

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

5. That, before the development hereby permitted starts, construction details, which clearly illustrate that the extensions hereby permitted shall be attached to the original building in a manner which clearly allows their removal at some future date with only minimal disruption to the original fabric, shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of preventing unnecessary damage to the fabric of the Listed Building.

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

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

Background Papers:

Application form and plans received 9th August 2004 Design Statement by Jenkins & Marr received 11th August 2004.

Letter from Architectural Heritage Society Of Scotland received 26th August 2004 Letter from Historic Scotland received 14th September 2004 Letter from Royal Fine Arts Commission received 29th September 2004

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473.

45 Application No: N/04/01493/FUL

Date Registered: 31 st August 2004

Applicant: 02(UK) Ltd Clo Stappard Howes 122 Dundyvan Road Coatbridge, ML5 IDE

Agent Stappard Howes 122 Dundyvan Road Coatbridge, ML5 IDE

Development: Installation of 3 Rooftop Antennas

Location: Fleming House, 2 Tryst Road, Cumbernauld

Ward: 60: Carbrain East Councillor William Homer

Grid Reference: 275996.674582.

File Reference: N/04/01493/FUL

Site History: N/9400217CON Erection of 12 Antennas and Formation of Equipment Room Approved 23" January 1995

Development Plan: The site is covered by shopping policies in the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations:

Representations: One Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application is for the installation of 3 antennas on the roof of Fleming House, Cumbernauld. The proposal will have a minimal impact of the visual amenity of the area due to the similarly designed existing telecommunication equipment. The equipment will comply with the ICNIRP guidelines for public exposure to electromagnetic fields. One letter or representation has been received, the points of which are outlined in the accompanying background report. It is recommended that permission be granted.

Recommendation: Grant Subject to the Following Condition:-

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

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

46 47 Background Papers:

Application form and plans received 23rd August 2004 Any person wishing to inspect these documents should contact Mrs. Devlin at 01236 61 6463. Letter from John McCann, Secretary Carrickstone Community Council, 16 North Berwick Avenue, Carrickstone, Cumbernauld, G68 OJQ received 21st September 2004.

48 APPLICATION NO. N/04/01493/FUL

REPORT

1. Description of Site and Proposal

1 .I This application is for the installation of 3 antennas adjacent to the existing antennas on the roof of Fleming House.

2. Development Plan

2.1 The site is covered by shopping policies in the Cumbernauld Local Plan 1993.

3. Representations

3.1 One letter of objection has been received from the secretary of Carrickstone Community Council on public health grounds. The letter specifically refers to applications for telecommunication masts on the Carrickstone Water Tower, but includes a reference to the current application number.

Comment: Government Guidance advises that if installations comply with ICNIRP guidelines on maximum public exposure levels with reference to electromagnetic field (EMF) emissions, then there is no justification for intervention in the decision making process by Planning Authorities on health grounds. This proposal is ICNIRP compliant.

4. Planninn Assessment and Conclusions

4.1 It is considered that this proposal will have a minimal impact on the visual amenity of the area due to the similarly designed existing telecommunication equipment on the roof of Fleming House. Notwithstanding the objection raised, it is recommended that planning permission be granted.

49 Application No: NI0410 1542/0 UT

Date Registered: 30th August 2004

Applicant : Mr A Mitchell Mitchell House The Lane Dullatur Cumbernauld, G68 OAU

Agent Bluestone 7th Floor 45 Hope Street Glasgow, G2 6AE

Development: Construction of a Dwellinghouse

Location: Mitchell House, The Lane, Dullatur, Cumbernauld

Ward: 57: Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 274653.676769.

File Reference: N/04/01542/OUT

Site History: N/98/01062/TPO Lopping of two trees granted 11th September 1998 N/02101262/TPO felling of two trees granted 24th February 2003

Development Plan: The site is covered by residential policy HG4 of the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations: Scottish Water (Comments) Scottish Power (No objection) British Gas Transco (No objection) West of Scotland Archaeology Service '(Condhon)

Representations: 4 Representation Letters (including one from Dullatur Community Council) Newspaper Advertisement: Not Required

Comments:

This outline planning application seeks to establish the principle of a residential plot at the rear of Mitchell House, The Lane, Dullatur. The applicant owns Mitchell House and wishes to sub divide part of his garden ground to form the house plot. Two buildings will be cleared from the proposed plot (a wooden pavillion and a garage). The plot will be accessed by its own driveway from The Lane. The access track is on the line of a former driveway to Mitchell House. This access has become overgrown and some small trees and a section of evergreen hedge require to be removed to re-open the access and form a safe junction.

50 51 A number of representations have been received (including one from the Community Council) and the matters raised are discussed in the accompanying report. The site is within an established residential area and is covered by the residential policies of the Local Plan. The proposed plot is of a similar layout to the dwelling immediately to the west of the application site (Ty Newydd) and is otherwise considered to be in keeping with the general character of the area.

Despite the objections received, it is considered that the proposed development accords with the Local Plan. Accordingly, it is recommended that outline planning permission be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls and fences; (9) the provision of drainage works; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (j) details of existing and proposed site levels.

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

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

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

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

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

4. That notwithstanding the generalities of Condition 1 above, the proposed development will accord with the following:

a) any dwelling shall properly front the proposed access road and shall be visible from the access road when viewed from The Lane. b) an architectural feature shall be incorporated into that part of the front elevation visible from The Lane and accordingly it will not be acceptable for the garage to be located on this part of the plot/dwelling. c) the dwelling shall be no greater than a storey and a half in height. d) the dwelling shall be positioned in the plot such that a minimum of 10 metres of garden ground will be achieved on the northern, southern and eastern boundaries. e) the dwelling shall be positioned in the plot such that a minimum of 4 metres of garden ground will be achieved on the western boundary or such greater distance as may be required to ensure that the existing mature trees on this boundary are retained. f) Where a dwelling of a storey and a half is proposed, no habitable rooms on the upper

52 floor will have windows which face on to Richmond Lodge (the only possible exception to this may be in instances where velux windows are used). g) The removal of trees and boundary hedges within the plot will be kept to a minimum Reason: To control the nature of the development in the interests of the residential amenity of the existing adjoining dwellings.

5. That notwithstanding the generalities of Condition 1 above, full details of the existing and proposed ground levels and finished floor levels for the dwelling along with details of the surrounding levels shall be submitted for the written approval of the Planning Authority.

Reason: To ensure that, given the ground levels within the site, and in the interests of the amenity of the surrounding dwellings, that these matters are given full consideration

6. That notwithstanding the generalities of Condition 1 above, the following requirements of the Council as Roads Authority shall be incorporated into the development:

a) where the land is in the control of the applicant, visibility splays will be formed at both the existing and proposed access points and, except as may otherwise be agreed in writing by the Planning Authority, visibility splays of 2.5 metres by 20 metres shall be formed and thereafter maintained and nothing above 0.9 metres in height will be placed planted or allowed to grow within the visibility splays. b) the first 15 metres of the access road shall be 4.5 metres in width. c) in curtilage parking shall be provided at the following levels: 1 - 2 bedroom - 2 * spaces 3 - 4 bedroom - 3 * spaces 5 + bedroom - 4 * spaces

* Garages will only be included in the parking assessment if they have minimum internal dimensions of 3.Om wide x 5.5m long d) turning facilities shall be provided within the plot to ensure that all vehicles can leave the site in a forward gear.

Reason: In the interests of pedestrian and road safety and to ensure that there is adequate parking within the plot.

7. That notwithstanding the generalities of Condition 1 above, and for the avoidance of doubt, given the fact that the site is covered by Dullatur Tree Preservation Order, prior to the start of the development hereby permitted, full details of all trees and hedges to be felled, lopped or topped to allow the development to proceed shall be submitted for the approval of the Planning Authority.

Reason: To ensure that the removal of trees is kept to a minimum given the contribution that the existing trees make to the visual amenity and the character of the area

8. That notwithstanding the generalities of Condition 1 above, no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and

53 that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. For the avoidance of doubt, the scheme of investigation is likely to include the following:

1). the controlled topsoil stripping of the proposed access and building footprint prior to construction commencing. 2). any finds would have to be properly excavated before the development could commence

Reason: Given the fact that the site is in close proximity to the location of former Roman Camps and to reveal whether there are any surviving remains of the internal features of the Roman camps.

Background Papers:

Application form and plans received 30th August 2004

Letter from Scottish Water received 8th September 2004 Letter from British Gas Transco received 10th September 2004 Letter from Scottish Power received 7th September 2004 Email from West Of Scotland Archaeology Service received 28th September 2004

Letter from J G Jones & Mona Jones, Ty Newydd, The Lane, Dullatur, G68 OAU received 7th September 2004. Letter from Dr & Mrs John Milligan, Richmond Lodge, Victoria Road, Dullatur, G68 OAW received 8th September 2004. Letter from Mr John Sword, Atholl House, Prospect Road, Dullatur, Cumbernauld, G68 OAN received 13th September 2004. Letter from Margaret Smillie, Secretary, Dullatur Community Council, Pine Lodge, Victoria Road, Dullatur, G68 OAW received 20th September 2004.

Any person wishing to inspect these documents should contact Graeme Lee at 01 236 61 6474.

54 APPLICATION NO. N10410154210UT

REPORT

1. Description of Site and Proposal

1.I This outline planning application seeks to establish the principle of a residential plot at the rear of Mitchell House, The Lane, Dullatur. The applicant owns Mitchell House and is looking to sub divide part of his garden ground to form the house plot. Two buildings will be cleared from the proposed plot (a wooden pavillion and a garage). The plot will then be accessed by its own driveway from The Lane, which itself is a narrow and unsurfaced road that is privately owned.

1.2 The application site lies to the rear of Mitchell House and the plot is defined by the boundaries with the adjacent residential properties. With the exception of Richmond Lodge, all of the adjacent properties are situated some distance away from the proposed plot. Existing mature trees, hedges, fences and stone walls mean that the proposed plot will be well screened from adjacent dwellings.

2. DeveloDment Plan

2.1 The site is covered by residential Policy HG4 of the Cumbernauld Local Plan, 1993 which seeks to protect the amenity of established residential areas. It should also be noted that Policy HG3, which guides and shapes new residential development, is also of relevance.

2.2 The site lies immediately adjacent to the Dullatur Conservation Area and is covered by the Dullatur Tree Preservation Order.

3. Consultations and Representations

3.1 My Traffic and Transportation Section are of the opinion that The Lane is a substandard private access which requires significant upgrading. However, if planning permission is to be granted, then a safe access will have to be provided to the proposed plot. In this case, given that only one additional house is being proposed, it is considered that it would not be reasonable to require the applicant to carry out full scale improvements to The Lane. Planning conditions can ensure that both the existing access to Mitchell House is improved and the access to the proposed plot is formed to an appropriate standard.

3.2 The West of Scotland Archaeology Service advise that former Roman Camps are known to be present in this location (a study was carried out for the new houses to the north of The Lane). Accordingly, a limited Archaeological investigation is recommended and this matter can be covered by a planning condition.

3.3 Four letters of representation have been received, including a letter from Dullatur Community Council. The matters raised and my comments areas follows :-

0 The proposed one and a half storey dwelling will sit on higher ground than Atholl House and as such, any dwelling will overlook Atholl House to the detriment of the amenity of their home and garden.

Comment :The boundary between the plot and Atholl House is formed by a mature hedge and trees. Conditions can ensure that any proposed dwelling is set back a minimum of 10 metres from this mutual boundary. It should be noted that garden ground is not granted the same protection from overlooking as a house and in this case, Atholl House sits over 30 metres away from the mutual boundary. It should also be noted that the existing boundary

55 planting will be retained and, in the longer term, Dullatur Tree Preservation Order provides protection to the trees within the plot.

0 The proposed dwelling will overlook adjacent properties leading to a loss of privacy

Comment: It is not considered that the proposed plot will cause so significant a loss of privacy to any of the adjacent properties as would justify refusing planning permission. Planning conditions can ensure that the existing boundary planting is retained and that any house is sensitively positioned within the plot. In particular, conditions will safeguard the amenity of Richmond Lodge. Any house will be situated a minimum of 10 metres back from the mutual boundary and with the possible exception of velux windows, no upper floor windows will be allowed for public rooms overlooking Richmond Lodge.

0 The site is small and a one and a half storey dwelling will detract from the spaciousness of surrounding properties

Comment: The plot is not ‘small’ (it extends to 875m2 excluding the %-metre length of access track from The Lane) and it is considered that an appropriately sized and positioned house will not detract from the existing charactFr of the area. It is accepted that the plot will be smaller than that of Mitchell House (3000m ) and the adjacent Dullatur House (3500m ) and will represent one of the smallest house plots in the immediate vicinity.

0 The proposed development will set a precedent for similar sub divisions of gardens to take place and this could result in up to 7 extra houses on The Lane

Comment: The proposed development will result in a similar layout and arrangement to that which exists between Dullatur House and Ty Newydd to the west of the application site. Contrary to the concerns of the objectors, it is not considered that there are significant opportunities elsewhere on The Lane to similarly sub divide garden ground in a manner that would be acceptable in planning terms.

0 The Lane is a sub standard road in poor condition which barely copes with the existing eight properties. 0 Ownership of The Lane is not clear 0 Three is little room for construction traffic to manoeuvre on The Lane

Comment : The Lane is a private road and it is recognised that the road itself is substandard and in poor order. However, it is not considered that an additional house will have so significant an impact as would justify refusing planning permission. There will inevitably be some inconvenience to users of The Lane during the construction of the new house.

0 Another dwelling will reduce natural soakaway and exacerbate existing flooding problems lower down the hill caused by the recent development in Dullatur.

Comment :Any reduction in natural soakaway is not considered to be so significant as to justify refusing planning permission and in any event, the objector states that it is the recent development in Dullatur which is causing flooding problems.

0 An additional dwelling will increase general noise levels in the vicinity.

Comment :While there may be additional noise, any increase should not be so significant as to justify refusing planning permission.

56 0 Loss of trees

Comment : In general terms the removal of trees is prevented by the Dullatur Tree Preservation Order. However, it is recognised that some trees will have to be removed to implement this consent, but this is only to allow access to be gained. The trees to be removed will be kept to a minimum and this can be controlled by a planning condition.

0 There was a refusal of planning permission in 1980’s for a similar proposal

Comment: It is believed this reference is to planning permission CN/80/22 for a dwelling house which was granted following an appeal to the then Secretary of State. This planning permission relates to Ty Newydd immediately to the west of the application site. It should be noted that the proposed development is not dissimilar to that which was allowed at Ty Newydd.

4. Planning Assessment and Conclusions

4.1 It is considered that the proposed plot can be developed in manner which will produce a satisfactory living environment for any prospective occupiers whilst not significantly affecting the amenity of existing surrounding residents. Planning conditions can ensure that the new house is positioned so as to respect the privacy of surrounding properties whilst ensuring that it will be visible from The Lane. The proposed planning conditions will ensure that a similar layout to that of the adjacent property (Ty Newydd) is achieved and accordingly, it is considered that the proposed plot will be in keeping with the character of the surrounding area.

4.2 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this instance, and despite the objections received, it is concluded that the proposed development accords with the Local Plan. Accordingly, it is recommended that outline planning permission be granted.

57 Application No: N/04/01571/FUL

Date Registered: 3rd September 2004

Applicant: Mr S Brennan 81 Craigend Road Cum bernauld G67 4JX

Developmen t : Change of Use of Tourist Accommodation to a Dwellinghouse with an Extension

Location: Adamswell Farm, Mollinsburn

Ward: 67: Moodiesburn East and Blackwood West Councillor William Hogg

Grid Reference: 271878.671 362.

File Reference: N1041015711FUL

Site History: N/98/00629/FUL: Change of Use of Agricultural Outbuildings to Tourist Accommodation - Granted 10th September 1998

Development Plan: The site is covered by Green Belt policies in the Strathkelvin Southern Area Local Plan 1983 and the Northern Corridor Local Plan (Finalised Draft) 2000.

Contrary to Development Plan: No

Consultations:

RepreS8ntatiOnS: 1 Representation Letter

Newspaper Advertisement: Advertised on 8th September 2004

Comments:

The application is for change of use of tourist accommodation to a dwellinghouse with an extension at Adamswell Farm, Mollinsburn. The building has been converted from an agricultural outbuilding to tourist accommodation under permission N/98/00629/FUL, granted in September 1998.

Notwithstanding an objection from Chryston Community Council, there is no planning objection to the conversion. Changes from suitable agricultural outbuildings, which have some architectural or historical merit, to dwellinghouses are permitted within the Green Belt under the emerging Local Plan.

Land ownership restrictions have dictated a front extension as the only way of providing additional floorspace. An unusual, but acceptable, extension design has been pursued, with the extension having timber clad walls and distinctive windows.

There are no planning objections to the residential use and extension and it is recommended that planning permission be granted.

58 i

59 Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted starts, full details of the facing materials to be used on the external walls and roof of the proposed extension shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that the external materials are appropriate for the building and the general area.

Background Papers:

Application form and plans received 3rd September 2004

Letter from Chryston Community Council, C/o Miss R Anderson, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 17th September 2004.

Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459.

60 APPLICATION NO. N/04/01571/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for the change of use from tourist accommodation to a dwellinghouse with a related extension at Adamswell Farm, Mollinsburn. The building has recently been converted to tourist accommodation under planning permission N/98/00629/FUL.

1.2 A 9.9m x 5.3m front extension is proposed in order to provide the extra floor space that the applicant considers is necessary for a family dwellinghouse. This will represent a 52% increase in the existing floor space. The applicant does not own land to the rear of the building and as such a rear extension is not possible. A contemporary design solution is proposed for the extension with timber clad walls and distinctive windows.

2. Development Plan

2.1 The site is within the Green Belt in the Strathkelvin Southern Area Local Plan 1983 and the Northern Corridor Local Plan (Finalised Draft) 2000. The adopted Local Plan allows for satisfactory extensions to buildings in the Green Belt and the emerging Local Plan permits conversions of redundant agricultural buildings which are of some architectural or historical interest to appropriate new uses. This includes residential use.

3. Representations

3.1 Chryston Community council have objected to the application on the grounds that new residential use is not appropriate for the area.

Comment : Residential conversions of suitable agricultural outbuildings are acceptable under Policy ENV7 (Rehabilitation/Conversion of Buildings in the Green Belt) of the Northern Corridor Local Plan (Finalised Draft) 2000. Both the previously approved tourist accommodation use and the currently proposed residential use are therefore appropriate in that this is an existing, rather than a new building.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. For the reasons outlined above, it is considered that the principle of a change of use from tourist accommodation in this former agricultural building to a dwellinghouse is acceptable. The proposed extension will result in an interesting building, with the original section still dominating.

4.2 There are no planning objections to the proposal and it is recommended that permission be granted.

61 Application No: C/04/0002O/FUL

Date Registered: 23rd January 2004

Applicant: Corpus Christi RC Presbytery Father Logue Crowwood Crescent Calderbank Ai rdrie ML6 9TA

Agent Paul Lindsay 25 Roundriding Road Dumbarton G82 2HB

Development: Erection of 2.3 metre High Fence

Location: Corpus Christi R C Presbytery Crowwood Crescent Calderbank Airdrie Lanarkshire ML6 9TA

Ward: 50: Calderbank Councillor Patrick Donnelly

Grid Reference: 276830.662994.

File Reference: C/PL/CAC864/LW/E L

Site History:

Development Plan: The site is covered by Residential Policy HG9 in the Adopted District Local Plan 1991.

Contrary to Development Plan: No

Consultations: NLC Community Services (Comments)

Representations: 3 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application relates to the erection of a 2.3 metre high fence around a section of the Corpus Christi R C Church grounds at Crowwood Crescent, Calderbank. Two letters of objection and a petition with 51 signatures in support of the application were received from neighbouring properties; the points raised have been detailed in the attached report. Following assessment of the proposals against the development plan and all other material considerations, including effects on neighbouring properties, it is recommended that planning permission is granted subject to conditions.

62 Planning Application No. C/04/0002O/FUL Erection of 2.3 Metre High Fence Produoed by Planning and Ermironment Head lerlea Su~t.,t.%OlFleming House 2 TwtRDad Corpus Christi R C Presbytery, CUMBERNAVLD M7 1JW 01238818210 F~Xoinssi6232 Crowwood Crescent, Calderbank OS LiCBnceLAO9041L * Representations

63 Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development hereby approved commences, full details of the proposed footpath, leading to the gate within the fence on the northern elevation, including location, surface materials and drainage, shall be submitted to and approved by the Planning Authority.

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

3. That before the gate within the northern elevation of the fence hereby approved is brought into use, the footpath as required by condition no. 2 shall be completed.

Reason: To ensure the satisfactory implementation of the footpath access

4. That before the development hereby approved commences, details of the revised position of the fence on the north-west corner of the boundary shall be submitted for approval by the Planning Authority, and this shall indicate the fence being set 2 metres back from the edge of the carriageway on Crown Street.

Reason: In the interests of pedestrian and road safety.

5. In the construction of the footpath, no trees shall be lopped, topped or felled and no shrubs or hedges shall be removed from the site without the approval in writing of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control in order to retain the natural landscaping of the site.

Background Papers:

Application form and plans received 8th January 2004

Memo from the Transportation Section received 20th April 2004 Email from NLC Community Services received 2"d June 2004

Letter from The Owner/Occupier, 22 Crown Street, Calderbank, Airdrie, ML6 7TE received 4th February 2004. Letter from J. & T McLelland, 20 Crown Street, Calderbank, Airdrie, ML6 9TE, received 4th February 2004. Petition from E Lucas, 18 Crown Street, Calderbank, Airdrie received 13th February 2004.

Any person wishing to inspect these documents should contact Lesley Ward at 01236 812374.

64 APPLICATION NO. C/04/0002O/FUL

REPORT

1. Description of Site and Proposal

1.1 The proposed development is the erection of a 2.3 metre high palisade boundary fence around a section of the Corpus Christi R C Presbytery ground on Crowwood Road, Calderbank. The fence will be constructed of materials similar to that of the adjacent school boundary fence, and will include an access gate on the north-east corner of the site.

2. Development Plan

2.1 The site lies within an area zoned under Residential Area Policy HG9 (Existing Housing) in the Monklands District Local Plan 1991. The development raises no strategic issues.

3. Consultations and Representations

3.1 Two letters of objection have been received from neighbours at 20 and 22 Crown Street situated adjacent to the application site. The main grounds of objection are as follows:

(i) Discrepancies between the application form and plans with regard to the height of the fence. (ii) Clarification of the access options is required (iii) Clarification on the materials of the proposed fence (iv) Safety implications of the siting of the proposed fencelgate (v) Possible destruction of mature trees and shrubbery (vi) Parking problems and access problems for emergency services (vii) Clarification of the times when the gate will be locked/unlocked 3.2 The petition from the resident at 18 Crown Street in support of the application states that the access gate will be of benefit to the elderly, disabled and wheelchair-bound members of the Church, and has 51 signatures from residents of the surrounding area.

4. Planninn Assessment and Conclusions

4.1 The site is situated within a residential area. In assessing this application the local plan policy HG9 for existing housing is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the residential area. In assessing the proposal in detail, it is considered to be acceptable in terms of the design and scale, would integrate satisfactorily with the existing area and would cause no adverse amenity effects in relation to pedestrian or road safety.

4.2 In relation to the grounds of objection, these are addressed as follows:

0) In a letter to the objector, it was advised that the height of the proposed fence would be 2.3 metres. (ii) Access will be taken via a footpath at the north-east corner of the site, detailed as access option number 2 on the submitted plans. (iii) The fence will be constructed of materials to match the adjacent school fence (iv) After consultation with the Traffic and Transportation section were carried out, there was a recommendation to relocate the position of the fence at the north west corner to

65 compensate for the fact that there is no pavement at this location on Crown Street. This will be dealt with by condition. (v) There are no Tree Preservation Orders on any of the trees in this area, however in order to minimise the loss of trees and shrubs, a condition has been put on the consent to control the loss of trees or shrubs. (vi) The Traffic and Transportation section are satisfied, subject to condition 4 above, that the application meets the necessary requirements in terms of access and roadlpedestrian safety. (VII) For clarification, the gate will be locked at nights and weekends when the Church is not in use. It will be opened before each service and closed afterwards.

4.3 In conclusion, the points of representation have been considered and no reason found to uphold the points raised or to request further amendments to the proposals. The scale and design of the proposal is considered to be acceptable and is in keeping with the surrounding area. The application raises no strategic issues and accords with the policies of the local plan. It is therefore recommended that planning permission be granted subject to the appropriate conditions.

66 Application No: C/04/00847/FU L

Date Registered: 24th May 2004

Applicant: Mr Robert Leung Jade Palace Trading Ltd 18 Westburn Street Greenock PA15 1JR

Agent Canata & Seggie Chartered Architects 7 Union Street Greenock PA16 8JH

Development: Change of Use of Public House to Licensed Restaurant External Refurbishment

Location: 41 Hallcraig Street Airdrie Lanarkshire ML6 6AH

Ward: 43: Airdrie Central Councillor James Logue

Grid Reference: 276268665499

File Reference: CIPLIAIH042041ICMIEL

Site History:

Development Plan: The site is zoned as COM 3 Maintain Retail Core Area

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought for a change of use of a public house to restaurant at 41 Hallcraig Street, Airdrie.

The existing public house is fairly modern in terms of its design and sits to the south side of Hallcraig Street opposite a town centre car park. It forms part of a larger development constructed in the 1980's which offers commercial frontages to Buchanan Street and Graham Street. The building shares a rear service yard associated with the surrounding shopping units.

Externally, new timber windows would be provided to the Hallcraig Street elevation and a new vestibule would be constructed at the existing entrance with matching framework. New illuminated signage would also be provided although this would be subject to a separate application for advertisement consent.

67 Car Park

Planning Application No. C/04/00847/FUL 'ioduoed by 'lanning and Envlmnment leadquarters *fiiR iuile 501, Flsming House Change of Use of Public House to Licensed Restaurant COUl%U Tryst Road UMBERNAULD ;E7 1JW A R.Pld"C.d hornth.Ordn.Ki. s"rr."m.~plg Wlh 1236616210 Fax.0123BE,8232 41 Hallcrab Street, Airdrie Not to Scale UniYlhon..d mpmduofia ihfdw" Crwn wwrlohf >SLioenoe L4 00041L .nd m.ylud1~p~iruU~n~rrlvilprooudinp.

68 Internal alterations would involve new.seating areas, buffet servery, bar and waiting area on ground floor with kitchen, storage areas, toilets and staff office provided on the upper floor.

The property is located within an area covered by policy COM 3 (Maintain retail core area) in the local plan.

The proposals require to be assessed under the terms of the Development Plan and any other material considerations. There are no strategic planning issues. The proposals would involve a change of use of an existing town centre public house (sui generis use) to a restaurant (class 3 use). This would be considered acceptable under the terms of the development plan as there would be no loss of any Class 1 retail use and no detriment to the retailing vitality of the town centre. The Transportation Section advised that this type of use is likely to generate almost double the parking requirements of a public house. However as the property is located in a town centre with a large car park situated opposite, there would be no need for the developers to provide additional car parking. As such there was no objection. As noted above there were no representations from neighbours. The proposed alteration works to the building are also considered acceptable. There were no representations.

Taking the terms of the development plan and the above noted material considerations into account, it is concluded that the proposals are acceptable. It is therefore recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:.

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

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

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

Reason: In the interests of visual amenity

Background Papers:

Application form and plans received 24th May 2004

Memo from Transportation Section received 17th June 2004

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

69 Application No: C/04/0092O/FUL

Date Registered: 29th June 2004

Applicant: Mr R Martin Clo 5 Glenboig Road Glen boig

Agent J McGoldrick I0Cairnhill Crescent ML5 4SS

Development: Part Change Of Use Of Class 1 Shop To Hot Food Takeaway

Location: Shop Glenboig Road Glenboig Coatbridge Lanarkshire ML5 2SJ

Ward: 33: North Central And Glenboig Councillor Mary Clark

Grid Reference: 271449.668598.

File Reference: CIPLIGBG5251CMIEL

Site History: C/04/00039/FUL Extension to Shop Granted March 2004

Development Plan: Unaer the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy HG9 (Housing Policy for Existing Residential Areas)

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: 7'h July 2004

Comments:

Planning permission is being sought for a part change of use of a class 1 shop to hot food takeaway at a shop located off Glenboig Road, Glenboig. Planning permission was previously granted for an extension to the shop. (C/04/00039/FUL)

The detached flat roofed single storey shop unit is set back off the north side of Glenboig Road within an area of public open space. The nearest dwellinghouses are located some 30 metres to the west, north and east of the site. The shop has an existing parking area, which is accessed off Glenboig Road.

The proposals would involve an altec+ionto the interior layout of the extended shop to provide kitchen and servery facilities with mechanical ventilator mounted on the rear elevation of the building. The existing car park would be extended to provide 5 car-parking spaces and the access widened to 5.5 metres. The intended opening hours would be from 6.00 am to 5.00 pm.

70 i\ \

Planning Application No. C/04/0092O/FUL mduced by lanning and Environment sadquarters Part Change of Use of Class 1 Shop to &shire uile 501 Fleming House CsUactl Tryst Road Hot Food Takeaway UMBERNAULD 67 1JW RpmlM(mmfb~nrSur~rnqpiwuth No,to Scale ~prm!4~hdtnCm!~UWUbr!W~lf~ 1238816210 Fax 012S616232 A OCmnWd*L w,+m*cflca Shop, Glenboig Road, Glenboig, Coatbridge M@Abdsed~qmdudmIebi CIDm wrpt S Llcence LA 08041L mayl~dlopms~ulamdbilpmWlm

71 The property is located within an area covered by policy HG9 (Housing Policy for Existing Residential Areas) in the local plan. There are no strategic policy issues.

There were no representations.

The proposals require to be assessed under the terms of the development plan and any other material considerations. Under the terms of policy HG9, bad neighbour uses such as hot food take-away uses are not considered to be ancillary to a housing area, however in this instance, this particular shop unit is fairly isolated and the nearest houses are about 30 metres away. Given this, the proposals would not adversely affect the amenity of the outlying housing area by way of smell nuisance or increased activity during extended opening hours associated with such uses. The proposals would involve an extension to the current parking provision and an improvement to the access. These alterations are considered acceptable to the Transportation Section, therefore traffic safety would not be compromised. The Protective Services Section had no objection subject to food safety regulations.

Taking all of these factors into account, the proposals are considered to be acceptable and it is recommended that planning permission be granted subject to conditions

Recommendation: Grant Subject to the Following Conditions:.

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

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

2. That before the hot food take-away use is brought into operation the following parking and access arrangements shall be provided to the satisfaction of the Planning Authority:-

a) 5 no. off-street car parking spaces b) 5 metre wide dropped kerb access c) Visibility splay of 2.5m x 120m to both sides of the access d) Car park to be paved for the first 2 metres behind the heel of the foot-way e) The proposed car park shall be constructed out-with the area hatched red as noted on the plans hereby approved.

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

Background Papers:

Application form and plans received 1st June 2004

Memo from Transportation Section received 31st August 2004 Memo from Protective Services Section received 6th August 2004

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

72 Application No: C/04/00989/FUL

Date Registered: 8th July 2004

Applicant : Budda Properties Ltd 46 Bank Street Kilmarnock KA1 IHA

Agent Q D Design 46 Bank Street Kilmarnock KA1 IHA

Developmen t : Change of Use Of Shop (Classl) to Public House

Location: 86 Stirling Street Airdrie Lanarkshire ML6 OAS

Ward: 41 : Whinhall Councillor George Devine

Grid Reference: 275951.665416.

File Reference: C/PL/AIS728821CM/EL

Site History:

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policies ECON 9 (Secondary Core Areas) and ENVI5 (Conservation Area)

Contrary to Development Plan: No

Consultations:

Representations: 2 Representation Letters

Newspaper Advertisement: Advertised on 14th July 2004

Comments:

Planning permission is being sought for a change of use of a vacant 3 storey shop unit to public house at 86 Stirling Street, Airdrie.

The property is located within a conservation area, on the north side of Stirling Street in an area of the town centre where there is a mix of uses including shops, restaurants and public houses. There is an upper storey residential flat in an adjoining building.

The property is located within an area covered by policies ECON 9 (Secondary Core Areas), and ENV 15 (Conservation Areas) in the adopted Monkland District Local Plan 1991. There are no Strategic Planning issues.

73 Planning Application No. C/04/00989/FUL mduced by lanning and Environment Change of Use of Shop (Class 1) to Public House eadquarters ljte501, Fleming House Tryst Road UMBERNAULD 86 Stirling Street, Airdrie 867 1JW Representations A 1236616210 Fax. 01236616232 * Not to Scale IS Licence LA 09041L

74 There were two letters of representation received however the terms of objection cannot be sustained as noted in the main report.

The proposals require to be assessed under the terms of the development plan and any other material considerations. As noted above the property is located within an ECON 9 policy area where the principle of mixed uses is acceptable provided there would be no adverse environmental impact. There is a mixture of different uses within this area of the town centre and the proposals would not be unacceptable in this regard. The building has been vacant for some time and the proposed use would reintroduce a business use that would support the vitality and viability of the town centre. The developer has agreed to submit a noise impact assessment before the development is brought into use. This would ensure that appropriate insulation is provided to ensure any noise from the public house would not adversely affect adjoining properties. The Transportation Section had no objection, as the existing service arrangements and town centre parking facilities were considered adequate. The proposed shop- front alterations are also considered acceptable and would offer an improvement to the visual amenity of the building and to the surrounding conservation area.

Taking all of these matters into account it can be concluded that the proposed change of use is acceptable in this area of the town centre. There would be no detrimental impact on the amenity of the building or the surrounding area and existing parking and service facilities are acceptable. It therefore recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:.

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

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

2. That before any works start on the proposed development, a noise impact assessment shall be submitted to the Planning Authority and the works required in order to minimise noise from the premises shall be agreed in writing with the Planning Authority and the development shall not be brought into use until the agreed measures have been completed.

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

3. That before the development hereby permitted starts, the proposed finishing details of the new shop-front shall be submitted to, and approved in writing by the Planning Authority.

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

..-

Background Papers:

75 Application form and plans received 7th June 2004

Memo from Transportation Section received 31st August 2004 Memo from Protective Services Section received 24th June 2004

Letter from William Gemmell,l7A Bell Street, Airdrie, ML6 7DP received 16th August 2004. Letter from J. Whyte,l7 Bell Street, Airdrie, ML6 7DP received 16th August 2004.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

76 APPLICATION NO. C/04/00989/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for a chang- of use of vacant shop unit to public house at 86 Stirling Street, Airdrie. The property is located within a conservation area, on the north side of Stirling Street in an area of the town centre where there is a mix of uses including shops, restaurants and public houses. There is an upper floor residential flat in the adjoining building.

1.2 The proposals would involve extensive refurbishment to the interior and formation of a new shop-front. The ground floor would include a bar, and toilet facilities. On the first floor an ancillary restaurantlbarltoilet facilities would be provided and the second floor would be used as a kitchen and storage space with additional office and staff areas and function room. The proposed public house would be serviced from the rear using an existing service facility. Internally the front part of the first and second floors would be removed to create an open balcony feature. Externally the existing unit would be refurbished with the frontage being fully glazed with timber framed shop-front and associated signage at ground floor level.

2. Development Plan

2.1 The property is located within an area covered by policies ECON 9 (Secondary Core Areas), and ENV 15 (Conservation Areas) in the adopted Monkland District Local Plan 1991. There are no strategic planning issues.

3. Consultations and Representations

3.1 The Transportation Section had no objections to the proposals as the site is located within a town centre and no additional parking is necessary. The Protective Services Section requested that as the property is located next to an existing residential use, a noise impact assessment should be submitted.

3.2 Two letters of representation were received in regard to the proposals and the terms of objection can be fairly summarised as follows.

0 An additional public house is not needed in Airdrie Town Centre 0 The proposal would create additional noise, anti-social behaviour and litter

4. Plannina Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations. There are no strategic planning issues.

4.2 As noted above the property is located within an ECON 9 policy area where the principle of mixed uses is acceptable provided there would be no adverse environmental impact. There is a mixture of different uses within this area of the town centre and the proposals would not be unacceptable in this regard. The building has been vacant for some time and the proposed use would reintroduce a business use that would support the vitality and viability of the town centre. As such the proposed change of use would be acceptable in this mixed use area.

77 4.3 The developer has agreed to submit a noise impact assessment before the development is brought into use. This would ensure that appropriate insulation is provided to ensure any noise from the public house would not adversely affect adjoining commercial or residential properties. 4.4 The Transportation Section had no objection, as the existing service arrangements and town centre parking facilities were considered adequate. The proposed shop-front alterations are also considered acceptable and would offer an improvement to the visual amenity of the building and to the surrounding conservation area.

4.5 Turning to the terms of objections noted above the following comments can be made.

0 The issue over whether or not another public house is needed in the town centre is not material to the consideration of the planning application. Such an issue would be a matter for the Council’s Licensing Board to consider. It is agreed that the proposed public house would probably generate higher activityhoise levels in and around this part of Stirling Street, however this would be acceptable in a town centre location, where activityhoise levels are generally higher during the day and evening. As such there would be no significant detriment to existing levels of amenity in this part of the town centre. 0 Whilst concerns over increases in anti-social behaviour are a concern they are not material to the consideration of a planning application and such incidents would be dealt with by the Police. 0 There are adequate litter bins available in the town centre, and the Council maintains these. There is no indication that customers of the proposed public house would generate additional litter.

4.6 Taking all of these matters into account it can be concluded that the proposed change of use is acceptable in this area of the town centre. There would be no detrimental impact on the amenity of the building or the surrounding area and existing parking and service facilities are acceptable. The terms of objection could not be sustained. It therefore recommended that planning permission be granted subject to conditions.

78 Application No: C/04/01373/FUL

Date Registered: 13th August 2004

Applicant: M: & Mrs Mohammed Ali 14 Glenburn Avenue Baillieston G69 6AP

Agent Chris Doak Architect 5 Shaftesbury Street Anderston Glasgow G3 8UN

Development: Change of Use from Shop to Hot Food Takeaway

Location: 6 Edward Street Bargeddie Glasgow G69 7SY

Ward: 36: Bargeddie And Langloan Councillor Andrew Burns

Grid Reference: 269925.6641 74.

File Reference: CIPLIBAE576006ICMIEL

Site History:

Development Plan: Under the terms of the Adopted Local Plan 1991 the application site is located within an area covered by Policy HG9 (Housing policy for Existing Residential Area)

Contrary to Development Plan: No

Consultations:

Representations: 9 Representation Letters

Newspaper Advertisement: 25thAugust 2004

Comments:

Planning permission is being sought for a change of use of a vacant shop unit to hot food take-away at 6 Edward Street, Bargeddie. The existing shop is located within a group of three terraced shop units situated to the east of Edward Street. Whilst there is another hot food shop and surgery located nearby the surrounding area is predominantly residential. The building is single storey with pitched tiled roof and there is a small parking area to the front of the shop, which serves all three shops.

The proposals would involve an alteration to the interior of the shop to provide a customer waiting area, servery and kitchen with ancillary storage area and staff toilet. Externally a new shop-front would be installed providing a larger display window and new illuminated fascia sign. An external flue would be provided to extend beyond the apex of the roof.

The property is located within an area zoned as an existing residential area and the terms of policy HG9 of the adopted local plan would be relevant.

79 Planning Application No. C/04/01373/FUL Change of Use from Shop to Hot Food Takaway 6 Edward Street, Bargeddie, Glasgow Rduc(YI by rkshire Rmninp and Envlronmnt cuultll Haadqulrtara 9rits501, fleming House )Tryst Rmd Representations CUMBERMUD * RpoddtomlhM- Suwwmqpqxlh GS7 1Jw 6 Ln236616210 Fcx o,z1561~32 1 Representation outwith Map Area Not to Scab ~g~$~~,$~$hJw' uI.lhDnUdRpID&d(n ImqrClamwrWf c6 ti~~no~LAOB041t Representation received from Councillor Andrew Burns nd mw Ibdtopmu1u@m poplltp

80 The Transportation Section have concerns about the proposal, as there were insufficient off street parking spaces available for this type of use. The Protective Services Section had no objection. There were 9 letters of representation and the specific concerns raised over increased noise, disturbance and a lack of parking provision can be sustained in this instance.

Following consideration of application it has been concluded that the proposals are unacceptable. The proposed change of use to hot food take-away is contrary to the terms of the development plan as this type of use is not ancillary to a housing area. The proposed use would be detrimental to residential amenity due to increased noise and activity levels during late opening hours. Traffic safety at the locus would also be compromised due to a lack of parking spaces. As such it is recommended that planning permission be refused.

Recommendation: Refuse for the Following Reasons:-

1. That the proposed hot food take away would reduce residential amenity of the area due to increased activity and noise levels from customers using the hot food take-away during late opening hours, and therefore is considered to be contrary to the terms of Policy HSG9 of the Monklands District Local Plan 1991.

2. That the proposed hot food take-away would be detrimental to traffic safety as there are insufficient off-street parking facilities at the locus for this type of development.

Background Papers:

Application form and plans received 2nd August 2004

Memo from Transportation Section received 1Oth September 2004 Memo from Protective Services Section received 23rdAugust 2004

Letter from A Hameed,54 Abercrombie Crescent, Bargeddie, G69 7SP received 16th August 2004. Letter from N Akthar,54 Abercrombie Crescent, Bargeddie, G69 7SP received 16th August 2004. Letter from Mr Mrs McAuley,7 Edward Street, Bargeddie, received 16th August 2004. Letter from S Aitken,52 Abercrombie Crescent, Bargeddie, G69 7SP received 16th August 2004. Letter from Ms Watson,3 Edward Street, Bargeddie, Glasgow, G69 7SY received 17th August 2004. Letter from Mr And Mrs Fyfe,50 Abercrom bie Crescent, Bargeddie, G69 7SP received 17th August 2004. Letter from H Knox,23 Abercrombie Crescent, Bargeddie, Glasgow, G69 7SR received 17th August 2004. Letter from Mr And Mrs McKay,5 Edward Street, Bargeddie, G69 7SY received 16th August 2004. Letter from Councillor Andrew Burns,North Lanarkshire Council, Ward 36, PO Box 14, Civic Centre, Motherwell, MLI ITW received 27th August 2004.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

81 APPLICATION NO. C/04/01373/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for a change of use of a vacant shop unit to hot food take- away at 6 Edward Street, Bargeddie.

1.2 The existing shop is located within a group of three terraced shop units situated to the east of Edward Street. Whilst there is another hot food shop and surgery located nearby the surrounding area is predominantly residential. The building is single storey with pitched tiled roof and there is a small parking area to the front of the shop, which serves all three shops.

1.3 The proposals would involve an alteration to the interior of the shop to provide a customer waiting area, servery and kitchen with ancillary storage area and staff toilet. Externally a new shop-front would be installed providing a larger display window and new illuminated fascia sign. An external flue would extend beyond the apex of the pitched roof.

2. Development Plan

2.1 The application site is located within an area covered by policy HG9 (Housing Policy for Existing Residential Areas.

3. Consultations and Representations

3.1 The Transportation Section have concerns about the proposal as this type of use would require 5 car parking spaces and only 1 is available. The lack of parking provision is likely to result in vehicles parking along the footway and vehicles may also obstruct domestic driveways and the front accesses to the other shops in the area.

3.2 The Protective Services Section had no objection to the proposals.

3.3 There were 9 letters of representation and the terms of objection can be fairly summarised as follows.

0 The hot food shop would be too close to existing houses 0 The proposals would result in increased noise levels during late opening hours 0 The proposals would result in traffic congestion as there is limited off street parking provision 0 There would be a smell nuisance 0 There would be increased anti-social behaviour 0 The proposal would result in a loss of business to the adjacent hot food shop 0 The hot food take-away would result in increased litter and vermin

4. Planninn Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan policies and any other material considerations. In this instance the terms of Policy HG9 (Housing Policy for Residential Areas) are relevant.

4.2 Under the terms of Policy HG9 there is a presumption against development that is likely to adversely affect the amenity of a housing area or where the development is clearly not of a

82 nature ancillary to housing. Developments of an ancillary nature would include nursery schools, corner shops and local health facilities.

4.3 Whilst corner shops (class 1 uses) are considered acceptable in principle, hot food take-away shops (Sui Generis use) cannot always be viewed as ancillary and as such these proposals often do not accord with the terms of Policy HG9 particularly where they may cause harm to residential amenity. Such uses should ideally be located outwith residential areas, in local shopping centres or town centres. They are generally not appropriate in housing estates as they can generate additional traffic, require dedicated off-street parking areas and increased activity levels from customers during late opening hours can be detrimental to residential amenity and cause nuisance to residents. Whilst there is a small group of other shops, surgery and an existing hot food shop nearby the proposed introduction of an additional take-away would be detrimental to the predominant residential use of the area. As such the proposals are considered to be contrary to the terms of the development plan.

4.4 Under the terms of Policy Com 10 hot food shops require to be adequately ventilated to ensure there would be no smell nuisance from cooking odours. The proposals included details of an external flue and the Protective Services Section has no objection to the proposals. Given this advice and noting that the adjacent chip shop is well established it is accepted that the proposals would be unlikely to cause any additional smell nuisance in the area.

4.5 The Transportation Section have advised that a minimum of 5 no. off-street parking spaces would be required and only 1 space is available and this appears to be used by service vehicle from time to time. It is noted that there are no available parking facilities and this would result in vehicles parking along the footway. There is also the possibility that vehicles may obstruct residential driveways and front accesses to the other shops. It is considered that this shortfall in parking is significant and would be detrimental to traffic and pedestrian safety in the area.

4.6 The other shops in the area serve the surrounding residential area but generally close around 9 pm. The proposed hot food shop would be open during late evening hours and would attract additional visitors with associated noise and activity, to the detriment of residential amenity.

4.7 Turning to the terms of objection the following assessment can be made.

The shop unit is located adjacent to existing houses and it is agreed that due to increased activity levels during late opening hours, residential amenity would be harmed. Residential amenity would be harmed due to increased noise As noted by the Transportation Section there are insufficient parking spaces available and this would be detrimental to traffic and pedestrian safety. There was no objection from the Protective Services Section and the proposals include a flue extraction system. As such it is considered that there would be no additional smell nuisance. Anti-social behaviour is a matter for the Police and is not material to the consideration of the planning application. Business competition is not a material consideration Usually such uses can provide adequate litter bins under Food Safety regulations. Protective Services had no objection thus it is assumed that disposal of litter and potential vermin problems are not considered significant.

4.8 In this instance most of the objections raised by the neighbours can be sustained. As such it is agreed that the proposals would result in a loss of residential amenity at the locus.

4.9 In conclusion, the proposed hot food take-away is considered to be an inappropriate use in this residential area. It is not an acceptable ancillary residential use in this case and is therefore contrary to policy HG9. It is considered that the proposal would lead to increased activity during later opening hours and that this in turn would lead to an increase in noise levels to the

83 detriment of residential amenity. The Transportation Section has advised of a need for 5 additional spaces, where only 1 space is available. As such it is considered the proposal would also be detrimental to traffic safety. Taking these factors together the proposal is considered to be unacceptable and it is recommended that planning permission be refused.

84 Application No: C/04/01476/FUL

Date Registered: 3rd September 2004

Applicant: British Telecom Alexander Graham Bell House Lochside View Edinburgh EH12 9DH

Agent

Development: Erection of 0.3m Microwave Dish on Existing Telecommunication Mast

Location: Land Owned By Kipps Farm Coatbridge Road Glenmavis Airdrie Lanarkshire ML6 OPS

Ward: 45: New Monklands West Councillor Sophia Coyle

Grid Reference: 274890666984

File Reference: CIPLICTM5201DBIEL

Site History: C/03/01372/FUL; Erection of 17.5 Metre High Telecommunications Mast and Associated Cabinets and Compound. Granted October 2003. C/04/01065/FUL; Extension to Telecommunications Mast. Granted August 2004

Development Plan: The site is covered by Greenbelt policy GBI and policy TELI in the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: The Radio Communications Agency (No comments)

Representations: Ndne Received

Newspaper Advertisement: Not Required

Comments:

This application relates to the erection of a 0.3m microwave dish on the existing telecommunications mast at Kipps Farm, Coatbridge Road, Glenmavis. The existing mast was developed under permitted development regulations and extended under planning permission C/03/01372/FUL that was granted on 23 October 2003. A further extension application raising the height to 20m was granted at the 18 August 2004 Committee (04/01065/FUL). The application is assessed in terms of Policy TELI Telecommunications Developments that requires economic benefit, specific locational need and environmental impact to be considered. A certificate of ICNIRP compliance was submitted with the application. The site is adjacent to a group of trees that either screens or provides a backdrop to the mast depending on viewpoint. No objections were received following the normal neighbour notification and consultation procedure. I consider that the proposed design and size of the equipment will not significantly impact on the amenity of the area. There are no strategic implications.

85 Planning Application No. C/04/01476/FUL Erection of 3.0m Microwave Dish on Existing Produced by rkshire PlanningHead wrlm and Environment Telecommunications Mast Eounrll Su~te%ol.Flemlng House 2 Tryst Road CUMBERNAULD A mDdytW IomIWOrdn~n;~luNWmapp(wr1b to Scale Du p.ml$slaolU* ConYoll~dh.rUal.sty'i 01236GS? 1JW 816210 Fsx 01236 816232 Land Owned by Kipps Farm, Coatbridge Road Not smtbw omu a cran wrigh~ Unautbdsed r.pmduda Illrlwm Cran -yplrlghl OS Licence LAOSO41L G lenm avis, Aird rie wdm.yludlopm.ruUa orslvllproIIdlnpl

86 Recommendation: Grant Subject to the Following Conditions:-

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

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

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

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

Background Papers:

Adopted Monklands District Local Plan 1991

Application form and plans received 17th August 2004

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

87 APPLICATION NO. C/04/00468/FUL

REPORT

1. Description of Site and ProDosal

1.I This application relates to the erection of a 0.3 metre microwave dish on an existing telecommunication mast at Kipps Farm, Coatbridge Road, Glenmavis. The site is in the greenbelt and identified as high quality landscape in the Monklands District Local Plan 1991.

2. Development Plan

2.1 The site is zoned as GBI (Restrict Development in Greenbelt) in the Monklands District Local Plan 1991. The application is assessed in terms of policy TELI Telecommunications Developments that lists criteria of economy benefit, specific located need and environmental impact to be considered.

3. Consultations and Representations

3.1 Consultations was carried out with The Radio Communications Agency. As yet there has been no response.

4. Planning Assessment and Conclusions

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

4.2 In this instance, the microwave dish will have a minimal impact on the surrounding area due to its size and is screened by existing landscaping.

4.3 I consider that the proposed design meets the criteria as stipulated in policy TEL 1 and should not significantly impact on the amenity of the area.

88 Application No: C/04/01543/FUL

Date Registered: 27th August 2004

Applicant : Gallery Homes Ltd 39 Victoria Place Ai rd rie ML6 9BX

Development: Erection of Residential Development

Location : Former Carpet Factory 10 West George Street Coatbridge Lanarkshire

Ward: 33: North Central And Glenboig Councillor Mary Clark

Grid Reference: 273335665838

File Reference: CIPLICTW30001O/IJ/EL

Site History:

Development Plan: The site is covered by policy HG9: Housing Policy for Residential Areas in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: S.E. P .A.(West) (Objections) Scottish Water (Objections) British Gas Transco (No objections) Scottish Power (No objections) British Telecom (No objections)

Representations: 5 Representation Letters

Newspaper Advertisement: Not Required

Comments:

Permission is being sought for the erection of 30 flatted residential units on land addressed as "the former carpet factory site", 10 West George Street, Coatbridge. The site measures 0.32 hectares, slopes downwards towards the West George Street frontage and is currently vacant following the recent demolition of a former industrial type building. Residential properties border the site to the west, school grounds are directly to the east while lnveresk Place and West George Street form the site's north and south boundaries respectively.

The proposal is to erect 30 flatted dwellings within 5 blocks of flatted properties, each being 3 storey in height and each block accommodating 6 units (2 on each level). A single vehicular access into the site will be taken from West George Street and in-site parking provision meets the standards required by the Transportation Section. A small children's play area has been incorporated within the layout. Following the standard neighbour notification procedures 5 letters of objection were received against this proposal, the contents of which will be detailed in the accompanying report.

89 Planning Application No C/04/01543/FUL Rodused by rkshire Uanninpsnd Ermironment Erection of Residential Development CoclllCl Headqulrters Suit. SO<,Fleming House 2TlyslRmd CUMEERN4ULD Former Carpet Factory 10 West George Street, Coatbridge Fa3lpdmmfmomlbOrmrusunwmq#q vlh CBI 1JW A p1 p1 pmlosla U OmnvUwU t.ruinl. M235516210 Fax 01236 618232 3k Representations No,,oScs~ suim)r/Omu ecmnwri*r uwmd#earwo61dm iwq-cmn wiht Os LIC~~CBLAO~O~~L Site Area 0.32HA Om m.y I”dIOP...uInn WsMl pocadlro.

90 Having regard to the development plan the proposal is in accordance with its Local Plan designation and is therefore acceptable in policy terms. While being three storey in height, the contours of the site will in part lessen the visual presence of the proposal from outwith the site and taken together with the use of a good standard of external materials I consider the design to be acceptable. In general layout terms the Transportation Section is satisfied with the access arrangements and in-site parking standards. The inclusion of general landscaping throughout the site will lessen the visual dominance of the buildings within the site. The points of objection raised in the letters received do not merit the refusal of this application. I therefore recommend the planning permission be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

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

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

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

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted.

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

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

Reason: To ensure the adequate provision of landscaping throughout the site.

91 6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed roads and footpaths as shown on the approved plans; (b) the proposed parking areas shown on the approved plans; (c) the proposed play area shown on the approved plans; (d) the proposed grassed, planted and landscaped areas shown on the approved plans; (e) the proposed fences to be erected along the boundaries shown on the approved plans.

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

7. That before the occupation of the second last flatted dwellinghouse within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.

Reason: To ensure the provision of satisfactory landscaping proposals.

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

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

9. That before occupation of the second last flatted dwellinghouse within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 8 above, shall be completed.

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

10. That before the development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS). If investigations into the provision of such a SUDS scheme prove that it is impractical to implement, this shall be demonstrated to the planning authority in writing.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest guidance on SUDS.

92 11. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the. requirements of Scottish Water, as specified in their letter dated 13th September 2004, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason:To ensure the provision of satisfactory site drainage arrangements

12. That access to the development shall be via a dropped kerb footway crossing arrangement 6 metres wide and constructed to carriageway specifications with a footway specification wearing course, details of which shall be submitted to, and approved in writing by the Planning Authority.

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

13. That visibility splays of 2.5 metres by 60 metres and 4.5 metres by 30 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

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

14. That the existing access shall be removed and the footway reinstated in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of pedestrian safety.

15. That pedestrian dropped kerbs should be provided at the junction of the parking courts and these should be fully paved over at least the first 10 metres.

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

16. That a drainage facility shall be provided at the access to the site.

Reason:To prevent deleterious material being carried out onto the highway.

Note to Committee:

If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town & Country Planning (Notification of Applications) (Scotland) Direction 1996 because of the Council’s financial interest in the site and the objections received.

Background Papers:

93 Application form and plans received 27th August 2004

Memo from NLC Transportation Section received 06'h October 2004 Memo from NLC Protective Services received 2nd September 2004 Letter from Scottish Water received 16th September 2004 Letter from British Gas Transco received 13th September 2004 Letter from Scottish Power received 8th September 2004 Letter from British Telecom received 21" September 2004 Letter from SEPA received 1'' October 2004 Letter from Davina M Ferguson,22 West George Street, Coatbridge, ML5 2BZ received 9th September 2004. Letter from Mr And Mrs McCrone,20 lnveresk Place, Coatbridge, ML5 2DA received 10th September 2004. Letter from Mr And Mrs Matheson,20 West George Street, Coatbridge, ML5 2BZ received 13th September 2004. Letter from Mr and Mrs I Wilson, 18 lnveresk Place, Coatbridge ML5 2DA received 2gthSeptember 2004 Letter from Mr and Mrs McHugh, no address given, received 21'' September 2004

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382.

94 APPLICATION NO. C/04/01543/FUL

REPORT

1. Description of Site and Proposal

1.I The application site measures 0.32 hectares and is located in the Greenhill area of Coatbridge, some 700 metres to the north of Coatbridge Town Centre. The site is currently vacant, set on two level platforms and at a significantly lower level than the adjacent lnveresk Place that forms the site’s northern boundary. Residential curtilages border the site to the west, school grounds (Greenhill Primary) form the sites eastern boundary and West George Street forms the sites southern boundary. The application site formerly accommodated a large industrial type building that was utilised for various uses including a carpet factory and storage warehouse.

1.2 The proposal seeks to erect 30 dwelling units within 5 blocks of flatted properties, each block being 3 storey in height and accommodating 6 units (2 on each level). Two block‘s (a and b) will be positioned at the West George Street frontage, two block‘s (c and d) will be set at the rear of the site and the remaining block (e) will be positioned at the northwest part of the site. Internally each dwelling unit will include a Lounge, Kitchen/Dining Area, 2 Bedrooms and Bathroom. Externally the new build will be finished in dry dash rendedfacing brick with concrete roof tiles. A new single vehicular access into the site will be taken from West George Street to the west of the existing point of access and in-site parking provision is set at 50 spaces as required by the Transportation Section. Both a small children’s play area and landscaped area have also been incorporated within the layout between block’s “d” and “e” and additional landscape treatment is proposed throughout the site, details of which require to be approved by this department.

2. Development Plan

2.1 The application site is covered by policy HG9 (Housing Policy for Existing Residential Areas) in the Monklands District Local Plan 1991. There are no strategic issues.

3. Consultations and Representations

3.1 Following the statutory consultation process no objections to the proposal were received from Scottish Power and Transco. Scottish Water objected to the proposal although they also advise that the objection would be removed if the developer agrees to meet the costs of the increase in capacity of Scottish Water’s existing infrastructure to accommodate their development and promotes a scheme that does not compromise the quality and quantity of discharge from the existing sewerage system and which is satisfactory to Scottish Water. SEPA have also objected to the proposal unless written assurance is obtained from Scottish Water confirming that connection of this development proposal to the public sewer will not cause or contribute to the premature operation of “consented storm overflows”.

3.2 The Transportation Section and Protective Services Section have offered no objection to the proposals.

3.3 Following the standard neighbour notification procedures 5 letters of objection were received against this proposal. The main points of objection were as follows: a) Inappropriate form of development i.e. flats within an area of traditional detached, semi- detached houses. b) Loss of public open space area. c) Increased traffic generation around site will create road safety issue for local residents/children. d) Loss of existing treedwildlife.

95 e) Noise pollution during construction works. f) Overshadowing of new build and loss of outlooklprivacy to existing adjacent properties. g) Loss of value of adjacent properties.

4. Planning Assessment and Conclusions

4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. The application submission also required to have regard to the Development Brief prepared by this department as part of the marketing exercise for the disposal of the application site by the Council.

4.2 In terms of the development plan the proposed development does not meet the scale of significance (Schedule 9) for normal assessment against the Glasgow and the Clyde Valley Joint Structure Plan 2000 and therefore raises no strategic issues. In terms of the Monklands District Local Plan 1991 the site is wholly located within a residential area under policy HG9 (Existing Housing Areas) and as such the proposal is compliant with the Local Plan in policy terms.

4.3 The Development Brief included specific design criteria that required to be incorporated within any development proposal. The Brief considered the site suitable for development of detached, semi-detached, terraced, flatted or a mix of those units. The Brief also recommended that external finishes should be compatible with those in the surrounding area and any new build should be 2.5 storey in height through the use of the roofscape to create a distinctive and individual development. Following extensive assessment of the submitted tenders, Gallery Homes Ltd. were subsequently selected as the preferred bidder. The current proposal is in accordance with Gallery Homes initial submission and is compliant with the terms of the Brief in respect of development form i.e. flatted units and the use of compatible external materials. While the submission deviates from the Brief in terms of the height of new build i.e. 3 storey the contours of the site, together with those of the surrounding area, allow for this height without adversely affecting the setting of the surrounding predominantly 2 storey properties.

4.4 The points of objection raised through the standard neighbour notification procedures are noted and commented on as follows:

a) As intimated in Par. 4.3 above, the proposed flatted form of development is generally compliant with the terms of the Development Brief approved by this authority as part of the marketing exercise carried out for the disposal of the site.

b) The development of the site will necessitate the loss of an area of maintained open grassed land fronting onto West George Street on two levels which includes several medium sized trees, a large stone wall and an overgrown area of hardstanding. The area is not formally set out for any active recreational purpose to serve the surrounding community and the removal of this area will not only relieve the Council from an on-going maintenance burden but its loss will be compensated in part by the provision of a small play area within the development site, albeit for the benefit of the residents of the development.

c) The Transportation Section has not raised any issue over road safety around the site, notwithstanding the presence of the primary school directly to the east of the application site as the developer has incorporated an acceptable standard of access arrangements into the site and the provision of the required level of in-site parking.

d) It is unfortunately inevitable that the existing tree cover at the frontage of the site will be affected in order to provide a layout that is acceptable in design terms to this Authority. The developer has however endeavoured to compensate for this loss through the retention of trees, wherever possible throughout the site.

96 e) During construction work there will inevitably be an element of inconvenience to neighbouring properties through noise, dust, traffic movement although this inconvenience is only for a relatively short period of time. It has also been recommended to the applicant that the hours of working on the site should be restricted and that no noise should be audible from the site on Sundays and public holidays. Any public nuisance created would be controlled by Protective Services.

f) It is inevitable that development proposals affect the views of surrounding properties, in this case several properties on lnveresk Place. However, the new build will be set a sufficient distance (over 30 metres) from those properties and existing dense shrubbery along the northern boundary of the development site, which will be enhanced by additional planting provides an effective screen between the site and the properties on lnveresk Place. Having regard to this I do not consider that the proposed new build would overshadow the existing surrounding properties nor would it adversely affect their privacy.

4.5 The concerns raised by Scottish Water and SEPA over the effects of the proposal on the existing infrastructure are noted and to accommodate these concerns it will be a requirement of the developer, should planning permission be granted, to meet the requirements of Scottish Water in respect of providing the necessary site drainage infrastructure to serve their development. An appropriate condition on any planning permission will cover this issue.

4.6 The development proposal is compliant with the development plan and accords in the main with the terms of the development brief with the exception of the building height which in this instance is considered over acceptable due to the varying contours of the application site and the adjacent lands. While the concerns of the objectors are noted I do not consider that these merit the refusal of the application. The layout is considered to be of an acceptable standard and the design of the new build together with the use of compatible external materials will result in a development that will enhance both the application site and the surrounding area. I therefore recommend that planning permission be granted subject to the attached conditions. Should it be the decision of committee to grant this application then it requires to be referred to the Scottish Ministers due to the Council’s financial interest in the site and the objections received.

97 Application No: S/04/00372/FU L

Date Registered: 12th March 2004

Applicant : Mrs Ali 138 Branchalfield Drive Wishaw Lanarkshire ML2 8QE

Development: Erection of Upper Storey Rear Extension and Two Storey Side Extension Incorporating a Car Port

Location: 138 Branchalfield Drive, Wishaw, Lanarkshire, ML2 8QE

Ward : 9: Cambusnethan Councillor Thomas Selfridge

Grid Reference: 281334.655858

File Reference: S/PL/B/3/4/FM

Site History: P/267/93 Erection of single storey rear extension permitted 2gthJuly 1993

Development Plan: The site is covered by residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: Yes

Consultations: No Consultations

Representations: 5 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks planning permission for the erection of a two-storey side and upper floor rear extension to the semi-detached property at 138 Branchalfield Drive, Wishaw.

Five letters of representation have been received in connection with the proposal and the comments are detailed in my accompanying report. It is considered that the development constitutes over development of a restricted site and for reasons contained in my report it is recommended that planning permission be refused.

Recommendation: Refuse for the Following Reasons:-

1. That the proposed development is contrary to Policy HSG 13 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), in that the proposed extension by reason of its size and design would detract from the appearance of the semi-detached property to the detriment of the adjoining dwellings, resulting in an unbalanced and unsympathetic extension, out of scale and out of keeping with the character and appearance of the area.

98 I PLANNING APPLICATION No. S I04 I00372 I NL ERECTION OF UPPER STOREY REAR EXTENSION AND TWO STOREY SIDE EXTENSION INCORPORATING CAR PORT

138 BRANCHALFIELD DRIVE, WISHAW. A Lmud*mlm (**nu SUw.lmgewwlh WvrnWm#h mWYd mrl..l-i ~~~onaccmua~mt ulyl~~"d,qD*r(or MiwrCm~,un * Representations M NI i"dt0P'WI" * eM1 modire

99 Background Papers:

Application form and plans received 11th March 2004

Letter from Tom Rodger, 136 Branchalfield Drive, Wishaw, ML2 8QE received 19th March 2004. Letter from Margaret M Rattray, 140 Branchalfield Drive, Wishaw, ML2 8QE received 19th March 2004. Letter from Mr Robert Adair, 7 Baird Place, Cambusnethan , Wishaw, ML2 8PH received 19th March 2004. Letter from James S Ballantyne, 9 Baird Place, Cam busnethan, Wishaw, ML2 8PH received 19th March 2004. Letter from Norman Coyle, 87 Branchalfield Drive, Wishaw, ML2 8QE received 30th March 2004.

Southern Area Local Plan, Finalised Draft (Modified 2001 and 2004).

Any person wishing to inspect these documents should contact Fraser Miller at 01698 302087

100 APPLICATION NO. S/04/00372/FUL

REPORT

1. Description of Site and Proposal

1 .I The application site is a semi-detached two-storey dwelling with an existing single storey rear extension, bounded by dwellings on all sides.

1.2 The applicant is seeking planning permission for the erection of a second storey rear extension and a two-storey side extension incorporating a carport on the ground floor. The extension is proposed to incorporate a carport, 2 bedrooms and a bathroom whilst maintaining the utility room and play room that currently exists in the single storey rear extension. Overall the extension seeks to provide 53.5 additional square metres of floor space on the second storey and 24.5 square metres of the extension is to be utilised by the car port structure on the ground floor of the side extension. It is proposed to erect the second storey to the rear on the existing single storey extension. The proposed extension would measure 5.4 metres to the eaves and 7.4 metres to the ridge and a hipped and pitched roof is proposed. It is proposed to finish the extension in materials to match the existing dwellinghouse.

2. Development Plan

2.1 The application raises no strategic issues and the site lies within an area covered by Policy HSG 8 in the Southern Area Local Plan, Finalised Draft (Modified 2001 and 2004), which seeks to protect the established character of existing housing areas. Policy HSG 13 (House Extensions) is a material consideration in the assessment of this application and states that when determining applications for extensions to houses, the Council will take account of the various criteria: Points (1) and (2) are relevant to this application.

(1) the size, proportion and positioning of the extension, (2) its impact within the street scene and relationship to neighbouring properties, especially the potential effect on privacy and the amount of daylight and sunlight received.

3. Consultations and Representations

3.1 No consultations have been carried out with regards to this application.

3.2 Five letters of objection have been received in relation to this application based on the following grounds:

(a) Loss of daylightlsunlight to habitable rooms and overshadowing of garden ground to adjoining properties and properties to the rear of the application site. (b) Loss of light to the 5 windows on the side of the adjoining property (c) Loss of view from adjoining properties (d) Concerns regarding the future marketability of the objectors’ dwellings (e) Sets an undesirable precedent that could encourage similar applications, therefore having a detrimental impact on the appearance and amenity of the area. (f) Loss of privacy of adjoining dwellings (9) Proposed extension would be out of character and out of scale with the adjoining properties and the development would reduce the rear garden ground of the above development.

101 4. Planninn Assessment and Conclusions

4.1 In terms of the development plan, Policy HSG 13 of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004), sets the criteria for the determination of applications for house extensions. In this respect the size, proportion and positioning of the proposed extension are relevant and its relationship to neighbouring properties, especially the potential effect on the amount of sunlight and daylight received. The hipped and pitched roof and roughcast wall finish of the proposal would be complementary in design terms with the existing building and the materials would not detract from the appearance of the property on the street scene. The shading from the proposed extension is minimal on the rear windows of 136 and 140 Branchalfield Drive and will not have an adverse effect on the neighbouring properties at either side. The sunlight and daylight test was carried out to assess the impact on the rear windows of the properties at either side. The results showed that the proposed extension will only marginally reduce both sunlight and daylight to the windows at the rear of the dwellings on either side of the application site, however they will still received more than the minimum standards recommended. The sunlight and daylight test was not carried out with regards to the properties on Baird Place, as any loss of sunlight and daylight that is experienced by these properties will be caused by the objectors’ own properties as the rear gardens are north facing. Furthermore it is considered that the shadirq of the proposed extension on the side windows of the adjoining property will be minimal. As the windows are a hall window, side kitchen window, upper landing window and bathroom window the sunlight daylight test was not carried out as it only applies to windows of habitable rooms for example a bedroom window and living room window.

4.2 However given that the height of the proposed extension would be 8 metres (5.4 metres to the eaves) with a 5 metres projection from the rear wall of the existing property and a 3 metre projection on the side, the proposal would present an over-dominant structure within 0.3 metres of the mutual boundary of the adjoining property. The overall massing of the proposed structure and enclosing effect would have a significant and overbearing impact from the rear and side of the adjoining properties. The existing single storey extension has a window to window distance of 16 metres to the property at the rear on Baird Place. The existing extension was granted in July 1993 and this distance was deemed to be acceptable due to the single storey nature of the extension. Although the current proposal would not reduce the window to window distance, it is considered that as it is a bathroom window on the rear upper elevation and that the bedroom window is offset the amount of privacy currently experienced by the dwellings to the rear of the application site would not be reduced.

4.3 On the grounds of the objections received, the following response is made in connection with the points noted in paragraph 3.2 above: -

(a) The point of objection with regards to the loss of sunlight/daylight has been considered in paragraph 4.1 above. (b) With regards to the loss of a view and to the marketability of the surrounding dwellings it can be concluded that these are not material planning considerations. (c) Each application must be assessed on its own merits and the issue of precedent is not a material consideration in this case. (d) The point of objection with regards to the loss of privacy due to the window to window distance being reduced to 16 metres has been considered in paragraph 4.2 above. (e) At present the dwelling has a rear garden depth of measuring 4.7 metres and covers an area of approximately 50 square metres. The only loss of “garden ground” as a result of this proposal relates to the applicants existing driveway. This is not considered to have any impact on useable garden ground within the property.

4.4 In conclusion, the application, because of its scale and massing on the mutual boundaries of this semi-detached property and the loss of amenity to opposing residents, would not comply with policy HSG13 of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) in that the proposed extension by reason of its bulk and design would detract from the appearance

102 c of the semi-detached property, resulting in an unbalanced and unsympathetic extension, out of scale and out of keeping with the character and appearance of the area generally resulting in a significant adverse impact on the amenity enjoyed by the occupants of the adjoining dwelling houses

103 Application No: S/04/00903/FUL

Date Registered: 8th June 2004

Applicant: Drew Dingwall 12 Silver Firs Newarth ilI

Agent Robert Murray - Property Consultant 45 Hillcrest Terrace Carstairs Junction

Development: Erection of Dwellinghouse

Location : Land S.E. Of 220 North And South Road Cleland Motherwell Lanarkshire

Ward: 18: Dykehead Councillor James Robertson

Grid Reference: 281460 658109

File Reference: SIPLIB/4/41

Site History: Erection of 12 Horse Stalls with 3 Stores, Grooming Box and Security Portacabin, Show-Jumping Arena and Paddock approved 19 November 2003 (S/03/00883/FUL)

Development Plan: The site is zoned as Green Belt on the Central Industrial Area Part Development Plan 1964.

It is designated Green Belt on the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policies HSG12, ENV5, ENV6 and ENVI 3 are relevant.

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (Com ments) S.E. P.A.(W est) (No response) Scottish Water (Comments)

Representations: None Received

Newspaper Advertisement: 1st September 2004

Comments:

This application seeks consent for a new dwelling at the rear of a site which gained planning permission for 12 horse stalls, a paddock and associated development, at the end of last year. It lies just within the Green Belt, opposite Spiers Dairy, at the southern edge of Bellside village. It is proposed to access the house from the existing Taylor Homes development to the north, and retain the existing western access to the horse stalls and paddock. The applicant has submitted special circumstances on the need for this dwelling in the Green Belt, for security for the horses, horse stalls and property kept at the site, and to assist his 10 year old daughter who is part of the Scotland national show-jumping team. As part of this proposal, a block of horse stalls (approved last year by consent S/03/00833/FUL) would be relocated to the south, beyond which a new native tree belt would be planted.

104 105 I recommend that, subject to the completion of a Section 75 Legal Agreement to tie the new dwelling to the adjacent land used for horse stalls and associated development, that the application be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:.

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

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

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

Reason: To ensure the site is free of contamination.

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site, and around the tree belt to the southwest side of the site, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To ensure adequate protection of both residential amenity and of existing and proposed trees

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

Reason: To safeguard the amenity of the adjoining residential and green belt areas.

5. That before the development hereby permitted starts, a detailed scheme of landscaping for the proposed new tree belt hatched GREEN on the approved plan shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of the location, number, variety and size of trees and shrubs to be planted; (b) measures for the protection of all existing trees to the immediate southeast of the site during the course of development; (c) details of the phasing of these works.

Reason: To minimise the visual impact of the development on the green belt, in the interests of biodiversity, and to accord with the indicative planting shown on the approved plan.

6. That within six months of the occupation of the dwellinghouse hereby permitted, all planting included in the scheme of landscaping, approved under the terms of condition 5 above, shall be completed and any trees or shrubs which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To minimise the visual impact of the development on the green belt, in the interests of

106 biodiversity, and to accord with the indicative planting shown on the approved plan.

7. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees immediately outwith the southeast boundary of the application site, and these shall not be removed without the approval in writing of the Planning Authority.

Reason: To ensure the protection of these trees, in the interests of nature conservation.

8. That there shall be no incursion during the course of development into the area of woodland to the southeast of the application site, nor after development is complete, for access purposes.

Reason: To protect the adjacent habitat during and after development, in the interests of nature conservation.

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

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

10. That before the dwellinghouse hereby permitted is occupied, a 3 metre wide dropped kerb blockwork vehicular type verge crossing shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

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

11. That the security portacabin erected as part of planning permission reference S/03/00833/FUL shall be removed from the site within 14 days of the occupation of the dwellinghouse hereby approved.

Reason: In the interests of visual amenity in this Green Belt location.

12. That before the development hereby permitted starts, amended plan and elevational drawings shall be submitted to and apijroved in writing by the Planning Authority, for the 6 horse stalls and bedding store which require relocation from the position in which they were approved as part of planning permission S/03/00833/FUL.

Reason: These details have not yet been submitted.

13. That the matters covered by condition numbers 2 to 8 of Planning Permission S/03/00833/FUL continue to apply to the associated horse stalls and show-jumping development.

Reason: For the avoidance of doubt and as these conditions have not yet been discharged.

107 Note to Committee:

If granted the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant and landowner in respect of tying the proposed dwelling to the adjacent land used for horse stalls, arena and associated development.

Background Papers:

Application form received 24th May 2004, amended plans received 13th September 2004, letters from applicant dated 9th and 23rd September 2004 and from Taylor Homes dated 4th and 24th August 2004.

Memo from NLC Transportation Section received 14th July 2004 Memo from NLC Community Services received 26th July 2004 Letter from Scottish Natural Heritage received 16th June 2004 Letter from Scottish Water received 30th June 2004

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Circular 24/1985 Development in the Countryside and Green Belt

Any person wishing to inspect these documents should contact Richard Cartwright at 01 698 3021 36.

108 APPLICATION NO. S/04/00903/FUL

REPORT

I. Description of Site and Proposal

1.I The application site of 0.3 hectares forms part of a larger site to the southeast of North and South I Carlisle Road at the edge of Bellside Village, Cleland, which gained planning permission for 12 horse stalls, paddock, show jumping arena and portacabin last year. It is bordered to the north by the Taylor Homes development of 17 detached houses and to the northwest by Spiers Dairy, beyond which lies another housing development site for which HUG Developments have secured outline consent. To the southwest, south and southeast of the site lies open Green Belt land.

1.2 Consent is sought in the present application to erect a detached two storey dwellinghouse in the eastern corner of the site, to be accessed from the end of the current Taylor Homes development site, and to make some consequential adjustments to the approved layout for the show-jumping site. The plans have been amended from the original submission to site the proposed house alongside the Taylor Homes dwellings and bring access from that side, and to relocate 6 horse stalls and store (approved under application S/03/00833/FUL) slightly further south, with a tree belt to be planted on the southwest boundary beyond the stalls.

1.3 The applicant has set out by letter special circumstances which support this proposed dwelling, which would be sited just beyond the identified housing area, within the Green Belt. These circumstances are the security need for a dwelling beside the approved stables and the participation of his daughter in competitive show-jumping events including for the Scotland national team.

2. Development Plan

2.1 The site is zoned as Green Belt on the Central Industrial Area Part Development Plan 1964.

2.2 It is designated Green Belt on the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policies HSGl2, ENV5, ENV6 and ENVl3 are relevant.

3. Consultations and Representations

3.1 Scottish Natural heritage have emphasised the need to create a defensible Green Belt boundary along the southwestern boundary of the site by the planting of a shelter belt of mature trees to help screen the development. They also require that there should be no incursion into the Site of Importance for Nature Conservation which lies 15-20 metres to the east of the site, and note the requirement that no protected species which may be found at the site be disturbed by the development. The Community Services Department also seek the protection of trees to the east of the application site.

3.2 The Transportation Section have made comments which led to the current, revised, access proposal for the new dwelling. Conditions are sought to secure the access detail and turning facility now shown on the latest plans.

3.3 The Protective Services Section have recommended that a site contamination investigation report be required for this site, as it is adjacent to an area of unknown made ground and due to the possibility of gas migration from the nearby Auchinlea Landfill Site. Scottish Water have made comments on the need for a separate foul and surface water drainage system to be agreed.

109 4. Planning Assessment and Conclusions

4.1 This application firstly requires assessment against government and Local Plan policies on the Green Belt. Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Policy ENVG seeks to safeguard the character and function of the Green Belt, and presumes against development other than that directly associated with and required for appropriate rural uses. Policy HSGI 2 only permits houses where there is a proven operational need, and refers also to visual prominence, access and drainage. For the current proposed house, a need is claimed in terms of a requirement for greater on-site security for the horses, horse stalls and property kept at the site, together with special circumstances of assisting the applicant‘s 10 year old daughter who is part of the Scottish national show-jumping team. The applicant and site owner (Taylor Homes) have confirmed in writing their agreement to enter a Section 75 Legal Agreement to tie this house to the associated horse stalls and paddock land. The applicant has also confirmed that the existing portacabin could be removed upon completion of the house. I am satisfied in the present case, that sufficient special circumstances have been demonstrated which would warrant approval of a new house at this site, subject to the completion of a Legal Agreement as referred to. The amended proposed siting of the house on the latest plans lies only just within the Green Belt and is adjacent to similar approved housing at the Taylor Homes site. The application also proposes to re-site some of the horse stalls, approved under planning permission S/03/00833/FUL, beyond the new house to the southwest side, with a new 5.5 metre wide tree belt to be planted beyond that on the open Green Belt side. I am satisfied that the visual impact of the overall development on the Green Belt will thereby be minimised and that an acceptable buffer along the Green Belt boundary can be created.

4.2 Local Plan Policy ENV5 sets out the means of assessing the environmental impact of development, including through landscape and visual impact (assessed in paragraph 4.1 above), contamination and habitat concerns. Policy ENV13 sets out the Council’s concern to protect biodiversity. Consultation replies from both Scottish Natural Heritage and the Council’s Community Services Department have sought the protection of trees which lie to the east of the application site, and also the creation of a new shelter belt of native species to the southwest. I am satisfied that these requirements can be met by appropriate landscaping and fencing conditions. Scottish Water’s concern that separate foul and surface water drainage schemes be agreed can be met by adding a note to the applicant on any consent granted. NLC Protective Services Section have raised the possibility of site contamination which may require mitigating measures, and I consider that this matter should be addressed by a condition on any consent.

4.3 Turning to the proposed access arrangements for this proposal, the requirements of my Transportation Section have been met by revised access arrangements, which bring access to the new house from the northern Taylor Homes side, whilst retaining the existing access to the horse stalls etc from the west. Conditions are recommended to secure the access crossover details and a turning area, which have been shown on the latest plans.

4.4 In conclusion, there have been no objections to this application and all the issues raised by consultation replies can be satisfactorily met by conditions or a note to the applicant. Whilst the proposed site for the new dwelling does lie just within the Green Belt, I consider that its visual impact has been significantly reduced by amended plans which screen it by relocated single storey stables and a new tree belt. In view of the special circumstances pertaining to this application, I therefore recommend its approval, subject to the completion of a Section 75 Legal Agreement to tie the dwelling to the adjacent horse stalls and paddock area.

110 Application No: S/04/01097/FUL

Date Registered: 2nd July 2004

Applicant: Whitedale Development Ltd CIO Agent

Agent CRGP Ltd 26 Herbert Street Glasgow GZO 6NB

Development: 2.5-3.5 Storey Residential Development Comprising 20 Flatted Dwellings and Ancillary Car Parking and Landscaping

Location: Land At And East Of 126-128 Clydesdale Road Bellshill Lanarkshire

Ward: 28: East And North Councillor Kevin McKeown

Grid Reference: 274970.65991 3.

File Reference: SIPLIBI7I7OIJD

Site History: Application No. S/99/00518/FUL, Alterations to Public House, granted 25 May 1999; and Application No. S/03/0193O/FUL, Residential Development Comprising 7 No. 2 Storey Dwellings, Withdrawn 15 July 2004 Development Plan: Bellshill & Mossend Local Plan - Policy I1 'Area where new industrial development will be concentrated'

Sciithern Area Local Plan Finalised Draft (Modified 2001 & 2004)

Policy L3 'Protected Open Space' and Policy HSG8 'Established Housing Areas'

Contrary to Development Plan: Yes

Consultations: NLC Community Services (comments) NLC Education (comments) Scottish Water (objection) British Gas Transco (comments) British Telecom (no objection) Health and Safety Executive (no objection)

Representations: None Received

Newspaper Advertisement: 9th July 2004

Comments:

Planning consent is sought for a 2.5-3.5 storey residential development comprising 20 flats on land at 126-128 Clydesdale Road, Bellshill. The application site currently comprises a derelict 2 storey

111 112 sandstone public house on the western corner whilst the remainder of the site comprises rough scrubland. The site currently presents an untidy and unmaintained aspect to Clydesdale Road which is one of the principal commuter routes in the area. It is considered that the re-development of the site will seek to revitalise and enhance the visual amenity of this prominent site and will afford the community of Bellshill additional housing opportunities all to the benefit of the area.

No objections have been received and for the reasons contained in my accompanying report I hereby recommend that planning consent be granted.

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

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

3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

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

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, 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.

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

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

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

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

113 plans.

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

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

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

8. That vehicular access to the site shall be taken via a 5.5 metre wide (plus 1 metre transition either side) dropped kerb footway crossing leading to the 5.5 metre wide access road.

Reason: To ensure satisfactory access arrangements to the site.

9. That before the development hereby permitted is completed, everything exceeding 1.05 metres in height above the road channel level shall be removed from the areas shaded BLUE; and, thereafter, nothing exceeding 1.05 metres in height above the road channel level shall be placed, erected, or allowed to grow, within the area shaded BLUE.

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

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

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

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

Reason: To ensure the suitability of the site for residential development in the interests of prospective residents.

12. That before the development hereby permitted starts, a report detailing noise and vibration from the adjacent railway line shall be submitted to the Planning Authority and that any measures required to mitigate these effects shall be implemented within a timescale to be agreed by the Planning Authority.

Reason: To ensure the suitability of the site for residential development in the interests of prospective residents.

13. That before the development hereby permitted starts, the scheme proposed for drainage within the site shall be agreed in writing by the Planning Authority and shall be designed to comply with

114 the principles of Sustainable Urban Drainage Systems and that this system shall be implemented in accordance with a timescale to be agreed with the Planning Authority.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest SEPA guidance.

14. That the easternmost flatted block hereby permitted shall be sited a minimum of 30 metres from the high pressure mains gas pipeline located on the eastern side of the site.

Reason: To ensure the safety of future residents.

15. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all requirements of Scottish Water, as specified in their letter dated 14th July 2004, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements.

Background Papers:

Application form and plans received 21st June 2004 Amended plans received 23rd September 2004

Memo from NLC Transportation Section received 28th July 2004 Memo from NLC Geotechnical Section received 27th July 2004 Memo from NLC Community Services received 26th July 2004 Memo from NLC Education received 14th July 2004 Memo from NLC Protective Services received 15th July 2004 Letter from Scottish Water received 16th July 2004 Letter from British Gas Transco received 9th July 2004 Letter from British Telecom received 15th July 2004 Letter from Health and Safety Executive received 13th August 2004

Bellshill & Mossend Local Plan Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Joanne Delaney at 01698 302137.

115 APPLICATION NO. S/04/01097/FUL

REPORT

1. Description of Site and Proposal

1.I The application site is land at 126-128 Clydesdale Road, Bellshill. The site slopes from east to west and comprises a 2 storey derelict sandstone public house on the western corner of the site whilst the remainder comprises rough scrubland with 2 trees. The site is currently served by 1 vehicular access located on the north-west corner adjacent to the public house. The site is visually exposed owing to a lack of buildings edging the site and is located on a prominent position on Clydesdale Road which is one of the main commuter routes in the area. The public house has previously been an attractive building, however it currently presents an untidy and unmaintained aspect to this principal route owing to having lain vacant for several years. Boarded windows persist on the building frontage all to the detriment of the amenity of the area. In addition, the remaining site area has become overgrown with weeds and is deteriorating into an eyesore.

1.2 The application site is adjoined to the north, south and west by residential properties, and to the east by a railway line and beyond by the former Clydesdale Steel Works site.

1.3 The applicant seeks consent for a 2.5-3.5 storey residential development comprising 20 flatted dwellings, accommodating a range of one and two bedroom homes. The applicant originally sought to develop 22 flats but had to amend their proposals following objection from the Health and Safety Executive who advised that the proximity of the development to a high pressure gas pipeline rendered the development unacceptable on safety grounds. The amended flatted blocks are 'stepped' in plan form and elevation, which assists in breaking up the horizontal plane of the lengthy building frontage. The westernmost block is 2.5 storeys in complement with the nearby 2 storey dwellings of the Wimpey estate. The building then rises from 3 storeys to 3.5 storeys at its peak, in the middle section of the elevation, and then drops incrementally down such that the building presents a symmetrical faqade. The increasing scale of the buildings on an easterly direction, is afforded by the lack of buildings edging the site, thus no conflicts arise over building scale and massing. The principal elevation incorporates bay windows with balconies on the upper floors, whilst the visually exposed gables are enlivened by the siting of corner towers. Mock sandstone will be incorporated on the building in sympathy with tenement properties located opposite and further west on Clydesdale Road, and the public house which will be demolished to make way for the development.

1.4 Vehicular access to the site will be maintained at the western extreme of the site to maximise sightlines. The building lines of the flatted blocks have been recessed in order that sufficient amenity space can be provided on the site frontage and also that visibility requirements can be met for the site and the adjacent Wimpey estate, the visibility splays of which are currently breached by the public house. Dedicated off-street parking and complementary landscaping complete the scheme. Some open space and landscaping will be sited sporadically throughout the site, but the majority will be concentrated on the eastern half of the site. This is due to the existence of the high pressure mains gas pipeline as noted above, which dictates that the flatted blocks must be located a minimum of 30 metres from the pipeline for safety reasons, and thereby limits the extent of built development on the site.

2. Development Plan

2.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The adopted Bellshill & Mossend Local Plan zones the site within an area where new industrial development will be concentrated. The emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) zones the site partly as an Established Housing Area

116 and partly as Protected Open Space.

2.2 Policy HSGll ‘Infill Housing Development’ of the Finalised Draft provides a list of criteria against which new housing developments on gap sites should be assessed. Such criteria includes the effect on the character and amenity of the area, provision of access and parking, as well as due consideration to the scale, design and layout of the development.

3. Consultations and Representations

3.1 With the exception of Scottish Water, the utility bodies raised no objections to the development and confirmed that they can service the site.

3.2 Scottish Water objected to the proposal with respect to the development draining to the public sewerage system. This is because the cost of providing infrastructure to serve the development is outwith Scottish Water’s “reasonable cost” obligation. They stated they would remove their objection provided the applicant bore the cost of the increase in capacity of the existing infrastructure to accommodate the development; and/or, promoted a scheme that does not compromise the quality and quantity of discharge from the existing sewerage system in terms satisfactory to Scottish Water.

3.3 NLC Geotechnical Section requested that a SUDS (Sustainable Urban Drainage System) scheme be submitted for the site detailing surface water drainage and treatment.

3.4 Transco advised that there should be a minimum of 16 metres between the flatted block and a high pressure mains gas pipeline for safety reasons. However, The Health & Safety Executive advised that 30 metres should be provided.

3.5 NLC Transportation Section raised no objections to the proposal and advised on access and parking arrangements for the site.

3.6 NLC Education advised that Mossend Primary was operating close to capacity and should the development proceed, some children may need to be transported to neighbouring schools. Holy Family Primary, Cardinal Newman High and Bellshill Academy all have sufficient accommodation to cope with the projected pupil increase.

3.7 NLC Protective Services Section requested that a site investigation report be submitted to confirm the existence of any contaminants and that a Note be placed on any consent advising the acceptable working hours for construction periods. They also advised that because of the close proximity to a railway line, a noise and vibration impact assessment should be undertaken.

3.8 NLC Community Services raised no objections to the proposal.

3.9 No objections were received on the proposal following neighbour notification and press advertisement procedures.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The development is contrary to the adopted plan and partly contrary to the emerging plan. However, the adopted plan is now outdated and with the decline in industrial development, this zoning has largely been superseded in this location by the granting of consent for the adjacent Wimpey estate on the former Milnwood Works. The emerging plan zones the site partly for housing but mainly as protected open space. Approximately half of the area designated as open space will be occupied by the flatted blocks whilst the remainder will

I17 become upgraded open space through complementary landscaping. I therefore consider that the site can sustain a loss of open space to facilitate development and still retain the natural character, in enhanced form, which it currently presents on the eastern end of the site. In addition, the predominant adjoining land use is residential and thus I am satisfied that the development is acceptable in principle. With regard to the finer detailing of the proposal, these are assessed against the criteria contained in Policy HSGll of the emerging plan and each criteria is discussed in turn.

4.2 The character and zoning of the area is predominantly residential and thus residential development will further complement the character of the area. The site is currently unmaintained and unattractive due to the existence of the derelict public house and overgrown planting, thus new development will also improve the amenity of the area.

4.3 With regard to the scale and design of the flatted block, pre-application discussions were undertaken with the agent highlighting the necessity of the building to be located to the west nearest the Wimpey estate due to the existence of the high pressure gas pipeline. Careful siting and design would be required in order that the flats complemented both the adjoining Wimpey estate and wider streetscene. The finalised submission is considered acceptable and employs a 2.5 storey block on the western edge which compliments the Wimpey houses, whilst the remainder comprises varying storeys peaking at 3.5 storeys where no conflicts arise over scale and massing. Traditional design features and sympathetic facing materials will be employed in order that the building fits comfortably within the streetscene. I am therefore satisfied that the scale and design of the building is acceptable at this location and meets the safety requirements of the Health and Safety Executive.

4.4 The siting and layout of the building has also been carefully planned in order that there are no adverse effects on adjoining neighbours in terms of loss of privacy and sunlightldaylight. Directly opposing windows and those at oblique angles are all located at least 20 metres from properties opposite Clydesdale Road to the front, on Culloden Avenue to the side and McKeown Gardens to the rear. The siting and orientation of the flatted block and the associated directional path of the sun, dictates that the aforementioned neighbouring properties should be located sufficiently far away that there should be no reduction in sunlightldaylight levels as currently enjoyed.

4.5 The dimensions of the site relative to the proposed development and associated open space complies with the Council's Open Space policy. Conditions have been imposed requiring the submission of landscape details and proposals for their maintenance which should further enhance the visual amenity of the site.

4.6 Finally, policy HSGll requires that consideration be accorded to the provision of vehicular access and parking. Taking the latter first, NLC's Transportation Section raised no concerns over the level of dedicated car parking for the site as it meets the Council's requirements and has suitable turning provision to ensure vehicles leave the courtyard parking area in forward gear. In addition, the accesses to the flatted blocks are all located to the rear and will therefore, further discourage the occurrence of indiscriminate on-street parking as a result of the development which would impede traffic circulation along Clydesdale Road. The siting of the vehicular access on the western extreme of the site enables junction sightlines of 4.5 metres x 110 metres to the east and 4.5 metres x 120 metres to the west. Ideally, sightlines should measure 120 metres in both directions but I consider that the slightly sub-standard visibility splay is acceptable to enable the development. Additional benefits are accrued from this development whereby the visibility requirements for the adjacent Wimpey estate can now be provided following the demolition of the public house and recessed building lines of the flatted blocks.

4.7 Having taken all matters into account, I consider that the development will enhance the visual amenity of this prominent site located off a busy commuter route and will provide additional

118 housing opportunities for the Bellshill community all to the benefit of the area. I therefore recommend that planning permission be granted.

119 Application No: S/04/01183/FUL

Date Registered: 12th August 2004

Applicant : Mr F McGillivray 32 Central Road Crombie Fife KY12 8LE

Development: Erection of Domestic Dog Kennels with 5 Runs in Retrospect

Location: 37 Llynallan Road Harthill Shotts Lanarkshire

Ward: 20: Benhar Councillor Charles Cefferty

Grid Reference: 287945664078

File Reference: S/PL/B/l7/85/MR

Site History:

Development Plan: The site is zoned as Residential in the Northern and Southern Areas (Part) Development Plan and as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: Amey Highways Ltd (No objection) S.E.P.A.(West) (No objection) Scottish Water (No objection)

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks retrospective planning consent for the erection of domestic dog kennels with 5 runs for domestic use at 37 Lynallan Road, Harthill. The kennels are located within the curtilage of the existing dwellinghouse and have a floor area of approximately 40 square metres and height of 4.5 square metres. Two letters of representation have been received following the neighbour notification procedure, which are detailed in my attached report. Having taken all concerns into account, it is considered that the kennels are acceptable in terms of their impact on neighbouring properties and the application raises no strategic issues. I therefore recommend that planning permission be granted.

Recommendation: Grant Subject to the Following Condition:-

1. That the use of the domestic kennels hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from the kennels.

Reason: To protect the residential amenity of the neighbourhood.

120 121 Background Papers:

Application form and plans received 25th July 2004

Memo from NLC Transportation Section received 22nd September 2004 Memo from NLC Protective Services received 23rd September 2004 Letter from Amey Highways Ltd received 13th September 2004 Letter from S.E.P.A.(West) received 13th September 2004 Letter from Scottish Water received 3rd September 2004

Letter from Mrs Fiona Meiklem, 16 Hirst Road, Harthill, Shotts, ML7 5TL received 7th September 2004 Letter from Mrs Jacqueline Wright, 18 Hirst Road, Harthill, received 7th September 2004

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Northern and Southern Areas (Part) Development Plan

Any person wishing to inspect these documents should contact Murray Reid at 01698 302102.

122 APPLICATION NO. S/04/01183/FUL

REPORT

Description of Site and Proposal

The applicant seeks planning consent for the erection of dog kennels with 5 runs at 37 Lynallan Road, Harthill. The application is retrospective in nature because the development has already been built. The applicant has confirmed in writing that the kennels are to be used for domestic purposes only.

The application site fronts onto Lynallan Road to the north, backs onto a lorry park to the south and is located between neighbouring residential properties immediately adjacent to the east and west. The submitted plans indicate that the kennels are located over 2 metres from the boundary fence and have a floor area of approximately 40 square metres, height of 4.5 metres and are subdivided internally into 5 runs.

It should be noted that if the kennels were located to the rear of the site outwith 5 metres of the dwellinghouse then planning consent would not be required for such a proposal.

DeveloDment Plan

The site is zoned as Residential in the Northern and Southern Areas (Part) Development Plan and as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Consultations and Representations

In terms of consultation responses no objections have been received.

Two letters of objection have been received from the neighbouring properties at 16 and 18 Hirst Road. The points of objection may be summarised as follows:

(a) The disruption in relation to noise levels and barking dogs at all hours. (b) Concern regarding the safety aspect of children and objectors pet dog given the close proximity of the development and due to alleged history of a dog attack incident and escaped dogs entering property. (c) Concern over the amount of pets which may increase through time given the kennel facilities. (d) No neighbour notification received.

Planninn Assessment

Although the site is zoned as Countryside Around Towns the location of the application site is within the garden of a residential property within a group of houses and the proposal is of a domestic nature therefore it is considered that the application raises no issues of a strategic nature.

It is considered that the main points in the determination of this application are the siting of the proposal and the impact on the existing dwellinghouse and neighbouring residential properties. In terms of visual impact the development is located within the curtilage of the applicant's dwellinghouse and is partly screened by the timber boundary fence that surrounds the property. Given that the development is single storey and there are no gable windows it is considered that there will be no significant loss of sunlightldaylight, privacy or outlook. The materials that have been used are considered to be complementary to the existing dwellinghouse, the development is screened from the road and is overall considered acceptable in terms of its visual impact.

123 4.3 In terms of the impact upon the residential amenity of the neighbouring area I do not consider that this domestic proposal to be of such significance as to justify refusal of this application. The applicant could legitimately keep 5 or more pet dogs within their property. The kennels merely provide shelter for the animals. It should be noted that several smaller kennels located within the application site could be built under permitted rights development rights and would not require the benefit of planning consent. I consider this aspect of the development to be acceptable so long as it is conditioned that the kennels be used for domestic purposes only. Furthermore the applicant could potentially have the same number of dogs living in their house or in smaller dog kennels that don’t require planning permission resulting in the same levels of noise that this development would generate. Noise levels from any number of barking dogs is a matter that can be controlled via other legislation.

4.4 In relation to the points of representation I would comment as follows:

(a) With regard to the noise impact on neighbouring residential properties from barking dogs, this is considered at paragraph 4.3 above.

(b) With regard to the safety element of the kennels in relation to child and pet safety and previous alleged incidents, this is outwith the terms of the planning legislation. Furthermore the proposal is for domestic use therefore this safety element would exist with all dog owners albeit in this instance there could perhaps be a greater impact given that the development would result in there being an above average volume of pet dogs at a single dwellinghouse.

(c) With regard to the neighbour notification it should be noted that number 16 Hirst Road would not be required to be neighbour notified of this application under current procedures because it is located outwith 4 metres of the boundary of the application site. The applicant confirmed in a letter that number 18 Hirst Road had been neighbour notified.

4.5 In assessing this proposal it is considered that given the size, design and location of the proposal, it is acceptable in terms of the impact of the building of the existing dwellinghouse and surrounding residential properties. Although the concern raised by objectors are understood the impact of the proposal on the amenity of adjacent residents is considered to be insufficient to justify refusal of planning permission. In conclusion I have considered the points of representation but find no reason to uphold the points raised or request amendments to the proposals. The application raises no strategic issues. I therefore recommend that planning permission be granted subject to the attached conditions.

124 Application No: S/04/01348/FUL

Date Registered: 10th August 2004

Applicant : Mr & Mrs Grech 4 Dickson Path Bellshill ML4 2SP

Agent Coatbridge Glass Unit 21/23 Coatbank Street Coatbridge ML5 3SP

Development: Erection of a Rear Conservatory

Location : 4 Dickson Path Bellshill Lanarkshire ML4 2SP

Ward: 25: Orbiston Councillor Richard Lyle JP

Grid Reference: 27291 5.658904.

File Reference: S/PL/B/7/89/LR

Site History: No relevant site history

Development Plan: The site lies within an area covered by residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation letter

Newspaper Advertisement: Not Required

Comments:

This planning application seeks planning permission for the erection of a rear conservatory extension to a mid-terrace dwellinghouse. One anonymous letter of representation has been received from a neighbouring property in connection with the proposal, details of which are outlined in my report. Having taken into account all material considerations including the letter of representation, I recommend that consent be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:.

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

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

125 Rffireation Ground

Recreation Ground

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

Reason: To ensure that the extension matches the external appearance of the existing adjoining dwellinghouse.

Background Papers:

Application form and plans received 30th July 2004

Any person wishing to inspect these documents should contact Lorna Ramsey at 01 698 3021 36.

127 APPLICATION NO. S/04/01348/FUL

REPORT

1. Description of Site and Proposal

1.I The application site is a mid-terrace dwellinghouse bounded by dwellinghouses to the front and sides and a car-parking area to the rear.

1.2 The applicant is seeking planning permission for the erection of a rear conservatory extension. The extension as proposed will project 3.2 metres from the rear building line, and will measure 2.6 metres in width and 2.8 metres in height. The conservatory will have a fire wall measuring 2.9 metres in height which will be located on the boundary with number 6 Dickson Path. The conservatory walls will be finished with facing brick and render to match the existing dwellinghouse and the roof will be constructed from opal polycarbonate sheets.

2. Development Plan

2.1 The application raises no strategic issues and therefore the Development Plan is established through the Local Plan.

2.2 Within the Southern Area Local Plan the site is within an Established Housing Area and is covered by Policy HSG 8 which seeks to protect the established character of the existing housing areas.

3. Consultations and Representations

3.1 One letter of representation Kas been received from a neighbour in relation to this application. The representation is on the following grounds:

(i) The property concerned is located in the middle of a block of three houses. Erecting a conservatory in the middle of the block will have a detrimental impact on the appearance. (ii) Garden is too small for a conservatory. (iii) Will result in a loss of natural sunlight to their home and will reduce the amount of sunshine received by their garden so that only the top end of the garden will receive any. (iv) The conservatory will have a negative impact on the neighbouring property’s ability to dry their washing by blocking the wind received by their garden. (v) Building a conservatory in this location will affect the drainage in the back garden which is already a problem.

4. Planning Assessment and Conclusions

4.1 On the grounds of the objection received, the following response is made:

(i) It is considered that the conservatory will not have a negative impact on the appearance of the row of houses. The design of the conservatory is acceptable and the materials proposed will match those of the existing house. The conservatory is to be located at the rear of the property which faces onto a car-parking area. This car-parking area is surrounded by dwellings on all sides, all of which face away from the area. The property also has a two metre high fence surrounding the entire back garden that will reduce any visual impact the conservatory may have.

128 (ii) With the conservatory, the property will still have a garden measuring over 8 metres in length. This is an acceptable amount of garden space and it is considered that the proposal would not be over-development of the site. (iii) It is considered that the shading from the proposed conservatory will be minimal and will not have an adverse effect on the neighbouring properties. The sunlight and daylight test was carried out to assess the impact on neighbouring properties. The results showed that although the sunlight received by the kitchen window of number 6 Dickson Path will be reduced by a small amount, it will still be more than the minimum recommended. The daylight test carried out on this property also exceeded the minimum requirements. Tests on 2 Dickson Path showed that the conservatory will have no effect on the sunlight and daylight received by the rear kitchen window. Although it is recognised that the conservatory will have some effect on the amount of sunshine received by the back garden of number 6 Dickson Path, no protection is given for this under planning legislation. It is, however, considered that the conservatory will shade only a small area of the garden in the morning and early afternoon. (iv) This is not a material planning consideration (v) This is not a material planning consideration

4.2 On detailed assessment of the application it is considered that the proposed conservatory is acceptable on the site in terms of design, scale and materials. Taking into account the points raised in the letter of representation it is recommended that permission be granted subject to the attached conditions.

129 Application No: SI04101421 IFU L

Date Registered: 9th August 2004

Applicant: BP Oil (UK) Ltd Clo Agent

Agent Rapleys LLP Maddox House 1 Maddox Street London WIS 2PZ

Development: Erection of a Filling Station and Forecourt (including canopies, pumps and underground tanks), Sales Building, Car Care Facilities, Parking, Landscaping and Other Associated Works

Location: Harthill North Motorway Service Area Harthill Shotts

Ward: 20: Benhar Councillor Charles Cefferty

Grid Reference: 289896664779

File Reference: SlPLlBll 7l81lRC

Site History: Erection of Restaurant, Shop, Filling Station and Ancillary Accommodation approved 1968 Replacement Petrol Pumps approved 1977 Alterations to Service Station approved 1984 Cafe Extension and Business Facility approved 1987 Erection of 40 Bedroom Lodge approved 2000

Development Plan: The site lies within land designated as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). In the Northern and Southern Areas Part Development Plan 1965, the site is zoned as agricultural land.

Contrary to Development Plan: No

Consultations: Amey Highways Ltd (No objection) S.E.P.A. (West) (Com ments) Scottish Water (Comments) Health And Safety Executive (Noobjection) British Gas Transco (Comments) Scottish Power (Comments) Strathclyde Fire Brigade (No objection)

Representations: None Received

Newspaper Advertisement: Advertised on 18th August 2004

Comments:

This application is for the erection of a new filling station and forecourt (including canopies, pumps and

130 PLANNING APPLICATION NO. S/04/01421/FUL

ERECTION OF A FILLING STATION AND FORECOURT (INCLUDING CANOPIES, PUMPS AND UNDERGROUND TANKS), SALES Rcdvcd by BUILDING, CAR CARE FACILITIES, PARKING. Rannlwand Ewimnnsnt +hdgranan LANDSCAPING AND OTHER ASSOCIATED SiltelPI. NmlwHovra WORKS 2TvetR-d WM0WMULD A bmdd homlhc.*ru8uN*mg#m",th 01216Ln12<007,.w Far 01214e1832 HARTHILL NORTH MOTORWAY SERVICE kPd.lrn dkCat*dk,tkJe#. S*nn ana OCW" W'PL CSLbireiliODY

131 underground tanks), sales and toilet building, car care facilities, parking, landscaping and associated works at Harthill North Motorway Service Area. The Scottish Executive are seeking to redevelop the service area to provide a more efficient layout and improved environment. A new BP Connect sales building will include a Wild Bean Cafe area selling sandwiches etc. Incidental grass and low level landscaping is proposed within the application site, and the applicant has confirmed that the areas occupied by the present forecourt and saleslcafe building (which are to be demolished) will also be landscaped.

No objections have been received to this application, and the proposal to renew and upgrade the existing facilities is to be welcomed. The design aspects of the proposal, using pearl coloured steel panels and glazing for the new sales building, are satisfactory, subject to conditions to control certain unsubmitted details. I also recommend to secure satisfactory landscaping and drainage details.

In conclusion, I recommend the approval of this application, subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that the requirements of Scottish Water, the Scottish Environment Protection Agency (SEPA) and the Roads Authority have been met by detailed drainage arrangements which are proposed for the entire Service Area site, and which have been submitted to the Planning Authority, and these arrangements shall have been agreed in writing by the Planning Authority. For the avoidance of doubt, the surface water drainage shall comply with SEPA's principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To ensure the provision of satisfactory site drainage arrangements.

3. That before the development hereby permitted starts, a detailed scheme of landscaping for the existing forecourt and buildings which are to be demolished, and for the areas shown for grass/ low level landscaping on Drawing Number 10996-20, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

Reason: In the interests of visual amenity, and as the landscaping proposals for these areas have only been submitted in indicative form.

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

Reason: In the interests of visual amenity.

132 5. That before the development hereby permitted starts, details of the proposed finishes to the screened refuse area and to the canopies shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity and as these details have not yet been submitted.

6. That any proposals for external lighting to serve the approved development shall be submitted to, and approved in writing by the Planning Authority, before the commencement of such lighting works.

Reason: In the interests of road safety and visual amenity and as these details have not yet been submitted.

Background Papers:

Application form, letter and plans received 9th August 2004, amended plans received 17th August and 5th October 2004 and additional letters received 17th and 30th August and 1st October 2004.

Memo from NLC Transportation and Traffic Projects Teams received 6th September 2004 Memo from NLC Protective Services received 1st September 2004 Memo from NLC Community Services received 31st August 2004 Letter from Amey Highways Ltd recewed 1st October 2004 Memo from NLC Geotechnical and Drainage Section received 28th August 2004 Letter from S. E. P. A. (West) received 30th August 2004 Letter from Scottish Water received 30th August 2004 Letter from Health And Safety Executive received 27th August 2004 Letter from British Gas Transco received 18th August 2004 Letter from Scottish Power received 20th August 2004 Letter from Strathclyde Fire Brigade received 8th September 2004

NPPG 9 The Provision of Roadside Facilities on Motorways and Trunk Roads in Scotland Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Northern and Southern Areas Part Development Plan 1965

' Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302136.

133 Application No: S/04/01425/FUL

Date Registered: 9th August 2004

Applicant: BP Oil (UK) Ltd Clo Agent

Agent Rapleys LLP Maddox House 1 Maddox Street London WIS 2PZ

Development: Erection of a Filling Station and Forecourt (including canopies, pumps and underground tanks), Sales Building, Car Care Facilities, Parking, Landscaping and Other Associated Works

Location: Harthill South Motorway Service Area Harthill Shotts

Ward: 20: Benhar Councillor Charles Cefferty

Grid Reference: 289896664779

File Reference: SlPLlBll 7/81/RC

Site History: Erection of Restaurant, Shop, Filling Station and Ancillary Accommodation approved 1968 Replacement Petrol Pumps approved 1977 Alterations to Service Station approved 1984 Erection of 39 Bedroom Hotel approved 1993 Restaurant Drive Through approved 1995 Extension to Restaurant approved 2000

Development Plan: The site lies within land designated as Countryside Around Towns in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). In the Northern and Southern Areas Part Development Plan 1965, the site is zoned as agricultural land.

Contrary to Development Plan: No

Consultations: Amey Highways Ltd (No objection) S.E.P.A. (West) (Comments) Scottish Water (Com ments) Health And Safety Executive (No objection) British Gas Transco (Comments) Scottish Power (Comments) Strathclyde Fire Brigade (No objection)

Representations: None Received

Newspaper Advertisement: Advertised on 18th August 2004

134 PLANNING APPLICATION NO. S/04/01425/FUL

ERECTION OF A FILLING STATION AND FORECOURT (INCLUDING CANOPIES, PUMPS AND UNDERGROUND TANKS), SALES BUILDING, CAR CARE FACILITIES, PARKING. LANDSCAPING AND OTHER ASSOCIATED WORKS A HARTHILL SOUTH MOTORWAY SERVICE AREA, HARTHILL, SHOTTS

135 Comments:

This application is for the erection of a new filling station and forecourt (including canopies, pumps and underground tanks), sales and toilet building, car care facilities, parking, landscaping and associated works at Harthill North Motorway Service Area. The Scottish Executive are seeking to redevelop the service area to provide a more efficient layout and improved environment. A new BP Connect sales building will include a Wild Bean Cafe area selling sandwiches etc. Incidental grass and low level landscaping is proposed within the application site, and the applicant has confirmed that the areas occupied by the present forecourt and saleskafe building (which are to be demolished) will also be landscaped.

No objections have been received to this application, and the proposal to renew and upgrade the existing facilities is to be welcomed. The design aspects of the proposal, using pearl coloured steel panels and glazing for the new sales building, are satisfactory, subject to conditions to control certain unsubmitted details. I also recommend to secure satisfactory landscaping and drainage details.

In conclusion, I recommend the approval of this application, subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that the requirements of Scottish Water, the Scottish Environment Protection Agency (SEPA) and the Roads Authority have been met by detailed drainage arrangements which are proposed for the entire Service Area site, and which have been submitted to the Planning Authority, and these arrangements shall have been agreed in writing by the Planning Authority. For the avoidance of doubt, the surface water drainage shall comply with SEPAs principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To ensure the provision of satisfactory site drainage arrangements.

3. That before the development hereby permitted starts, a detailed scheme of landscaping for the existing forecourt and buildings which are to be demolished, and for the areas shown for grass/ low level landscaping on Drawing Number 10996-20, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

Reason: In the interests of visual amenity, and as the landscaping proposals for these areas have only been submitted in indicative form.

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

136 Reason: In the interests of visual amenity.

5. That before the development hereby permitted starts, details of the proposed finishes to the screened refuse area and to the canopies shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity and as these details have not yet been submitted.

6. That any proposals for external lighting to serve the approved development shall be submitted to, and approved in writing by the Planning Authority, before the commencement of such lighting works.

Reason: In the interests of road safety and visual amenity and as these details have not yet been submitted.

Background Papers:

Application form, letter and plans received 9th August 2004, amended plans received 17th August and 5th October 2004 and additional letters received 17th, 30th August and 1st October 2004.

Memo from NLC Transportation and Traffic Projects Teams received 1st September 2004 Memo from NLC Protective Services received 1st September 2004 Memo from NLC Community Services received 31st August 2004 Letter from Amey Highways Ltd received 8th September 2004 Memo from NLC Geotechnical and Drainage Section received 23rd August 2004 Letter from S.E. P. A. (West) received 30th August 2004 Letter from Scottish Water received 30th August 2004 Letter from Health And Safety Executive received 27th August 2004 Letter from British Gas Transco received 18th August 2004 Letter from Scottish Power received 19th August 2004 Letter from Strathclyde Fire Brigade received 8th September 2004

NPPG 9 The Provision of Roadside Facilities on Motorways and Trunk Roads in Scotland Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Northern and Southern Areas Part Development Plan 1965

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302136.

137 Application No:

Date Registered: 9th August 2004

Applicant : Robert & Janet Gray 364 Hamilton Road Motherwell MLI 3EG

Development: Erection of Dwellinghouse

Location: 364 Hamilton Road Motherwell Lanarkshire MLI 3EG

Ward: 1: Ladywell Councillor Michael Ross

Grid Reference: 273978.65651 2.

File Reference: SlPLlBll31231PW

Site History: S/O3/00002FUL - Erection of two-storey dwellinghouse and garages, refused 19th March 2003, Appeal Dismissed 3rd November 2003. S/04/0044O/FUL - Erection of one and a half storey dwelling, refused 21 stMay 2004.

Development Plan: Policies HSG 8 Established Residential Area and Policy HSG 11 lnfill Housing Development, both in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations: None

Representations: 3 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks consent for the erection of a one and a half storey dwelling within the rear garden area of 364 Hamilton Road, Motherwell, a semi-detached one and a half storey dwelling. The site lies within the established residential area of Braedale and is identified as such in both the adopted and emerging local plans. The area is characterised by single, and one and a half storey dwellings dating from the 1930s.

Members may recall that a previous application for a two-storey dwelling on the site was refused on the 19th of March 2003. The applicatim was refused for reasons of overdevelopment and effect on residential amenity. A subsequent appeal for the same proposal was dismissed on the 3rd of November 2003. A further application for the erection of a one and a half storey dwelling on the site was refused on the 21st of May 2004. This application is an amended version of that application with a dwelling that is 1.8 metres narrower and 0.5 metres shorter than the one previously refused consent. Also, the applicant has amended the shape of the proposed plot in an effort to comply with the Council's minimum space standards for residential development. Three letters of objection have been received from surrounding residents on the grounds of overdevelopment, out of character with the area and loss of residential amenity. A request for a site visit and hearing has also been made by the

138 139 adjoining neighbour at 362 Hamilton Road. This revised proposal is for a one and a half storey dwelling based on the height and style of 364 Hamilton Road, which is therefore considered to be in-keeping in terms of elevational architecture and height. The plot size and rear garden of this revised proposed dwelling and the resultant plot size and garden depth of 364 Hamilton Road comply with the Council's minimum space standards. However, the proposed plot and resultant plot for 364 Hamilton Road are considered to be out of keeping with surrounding plot densities in an area characterised with relatively large plots and rear gardens by modern standards.

This application is therefore recommended for refusal for the following reasons. It should be noted that an objector has requested a site visit and hearing while the applicant has requested a site visit if the Committee are minded to refusal the proposal.

Recommendation: Refuse for the Following Reasons:-

1. That the proposal is contrary to Policy HSG8 in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), which seeks to protect established character and residential amenity, as the curtilage of 364 Hamilton Road is too small to satisfactorily accommodate both the proposed dwelling and existing dwelling and as such, would result in inappropriate development of an incongruous density out of keeping with the lower density which characterises the area, to the detriment of residential amenity.

2. That the proposal is contrary to policy HSG 11 in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004), which assesses infill housing development in terms of the size of the site, its effect on garden space and the overall impact of a proposal on the character and amenity of the surrounding area, as it would result in inappropriate development and the unacceptable loss of private garden ground for 364 Hamilton Road.

3. If approved, this application could set an undesirable precedent for other similar developments to the detriment of the character of the surrounding area.

Background Papers:

Application form and plans received 9th August 2004 Emailed letter and attached table from applicant regarding plot dated 31st August 2004 Email from applicant dated 28'h September 2004 regarding plot sizes in area The Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Memo from NLC Transportation Section received 31st August 2004 Letter from Alexandria H Fraser, 362 Hamilton Road, Motherwell, MLI 3EG received 12th August 2004. Letter from J S Clarke, 358 Hamilton Road, Motherwell, MLI 3EG received 17th August 2004. Letter from H Bird, 17 Parkside Road, Motherwell, MLI 3DY received 16th September 2004.

Any person wishing to inspect these documents should contact Paul Williams at 01698 302091.

140 APPLICATION NO. S/04/01434/FUL

REPORT

I. Description of Site and Proposal

1.I This application is an amended proposal for a smaller house and amended plot shape and area of a previously refused application (ref - 04/01434/FUL). As such, consent is sought for the erection of a one and a half storey dwelling in the rear garden of 364 Hamilton Road, Motherwell, a one and a half storey semi-detached dwelling. The northwestern half of the application site, which bounds the gardens of 362 Hamilton Road and 6 Strathclyde Road is currently occupied by a large brick built garage/outbuilding which appears to be contemporary with the dwelling and was originally built to accommodate a commercial vehicle. The remainder of the site forms part of the rear garden of 364 Hamilton Road including vehicular access.

1.2 As with the previous applications on the site, the applicant proposes to demolish the existing garageloutbuilding and form a house plot approximately 15.5 metres wide and construct a one and a half storey dwelling based in terms of elevational treatment, style and height on the applicants' existing dwelling at 364 Hamilton Road. The proposed dwelling has roof ridge height of 6.5 metres and has two traditionally styled dormer windows to the front and one to the back. The proposed dwelling fronts onto Strathclyde Road in a traditional manner with separate vehicular access from the same road. The applicant proposes to provide 2 replacement parking spaces fronting onto Strathclyde Road for both the existing and proposed dwellings

1.3 The proposed dwelling although having the same external appearance as the previously refused dwelling in terms of architectural treatment, has been reduced in size. It is 1.8 metres shallower in terms of depth and approximately half a metre shorter in terms of length than the previously refused application. The proposed dimensions being 10 metres long by 6.41 metres deep. Additionally, the plot size and shape has been amended in an attempt to comply with the Council's space standards for residential development

2. Development Plan

2.1 The site is zoned for residential purposes in both the adopted Burgh of Motherwell and Wishaw Development Plan and in the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy HSG 8 in the emerging Local Plan identifies the site as being within an Established Residential Area. This policy seeks to protect the character and residential amenity of the areas identified. Policy HSG 11, regarding infill housing development in the same local plan is also central to the assessment of the proposal. It has the same aims as Policy HSG 8 and assesses the detail of the proposed design in terms of scale, plot size and the impact of the proposal on the character and amenity of the surrounding area.

3. Consultations and Representations

3.1 No objections were received as a result of the consultation process.

3.2 The Transportation Section of my department has expressed no objections to the proposal as both the proposed house plot and the resultant plot at 364 Hamilton Road will be capable of providing the required driveways in order to accommodate two cars. This is subject to the proviso that the existing 1.8 metre high wall and 2.1 metre gateposts are partially demolished to no more than 1.05 metres in order to ensure the required pedestrian/vehicular intervisibility.

3.3 A total of 3 letters of objection have been received from adjacent residents. The grounds of objection are as follows:-

141 0 Incongruous overdevelopment out of character with area to the detriment of residential am en ity 0 The rear dormer of the proposed dwelling will overlook the gardens of 360 and 362 Hamilton Road 0 The proposed house would overlook the rear garden of 362 Hamilton Road and reduce privacy overall 0 The proposal would result in sub-standard car parking provision

3.4 It should be noted that an objector has requested a site visit and hearing while the applicant has requested a site visit if the Committee is minded to refuse the proposal.

4. Planning Assessment and Conclusions

4.1 Policies HSG 8, HSG 11 and the Council's minimum space standards for residential development are considered to be central to the assessment of this revised proposal. In particular, the effect on existing levels of residential amenity, the nature and design of the proposed dwelling and the resultant size of the proposed house plot and the reduced size of the rear garden of 364 Hamilton Road should be determining factors.

4.2 As with the previous application, it is recognised that in terms of elevational architecture and height, the proposal is considered to be acceptable. As a consequence of this, it is considered that the proposed dwelling would sit quite comfortably along the Strathclyde Road frontage.

4.3 The applicants have previously made the point that the demolition of the existing garage and outbuildings would be beneficial to surrounding residential amenity. This may be the case but it is not considered to be material to the consideration of this proposal as the outbuildings in question could be demolished and the ground returned to garden use at any time.

4.4 In terms of the points of objection, it is considered that the rear dormer on the proposed dwelling will not significantly affect the privacy of 362 Hamilton Road. Similarly, it is considered that the aforementioned dwelling will not be significantly overshadowed by the proposed dwelling. This is because the proposed dwelling has an average height of approximately 6.5 metres, there is a distance of 10 metres from the proposed dwelling to the garden of no 362 and 14 metres minimum distance from the dwelling at 362 Hamilton Road. This allows for an adequate degree of separation and for neither privacy nor overshadowing to be significant issues. Additionally, the proposed parking provision complies with Council standards. The objection regarding incongruous development is considered to valid for the reasons outlined in the following paragraphs.

4.5 In terms of garden sizes and resultant plot density, both the proposed dwelling and the resultant rear garden of 364 Hamilton Road would have a rear garden depth of 10 metres, in compliance with the Council's minimum standard. The current rear garden depth of 364 Hamilton Road and all other similar dwellings that front in a northwesterly direction along Hamilton Road is approximately 22 metres. It is considered that although the resultant front and rear garden depths comply with the minimum standard, the plot size and rear garden depth for both dwellings would be significantly out of keeping in terms of the relatively large plots and rear gardens which characterise the area. The applicant has provided statistical information regarding plot sizes in the area, which after assessment, does not change this view.

4.6 For this reason, the proposal is considered to be contrary to the terms of Policy HSG8, as it would result in the loss of private garden ground for 364 Hamilton Road and a development out of keeping with the large plots and rear gardens in the surrounding residential area. It is considered that the proposal constitutes development that would adversely affect the

142 established character of this residential area, which is characterised by relatively large garden areas.

4.7 The proposal is also considered to be contrary to the aims of policy HSGII, which seeks to protect the established character of residential areas from inappropriate infill development. This is because it is considered that it would result in two house plots significantly smaller and out of keeping with area and also result in the unacceptable loss of private garden ground relating to 364 Hamilton Road. It is therefore considered that the objections on the grounds of development incongruous to the character of the area to the detriment of residential amenity are valid.

4.8 The applicants have provided information regarding the resultant areas of rear garden that would be achieved and it is recognised that they comply with the Council’s standards, both achieving over the minimum of 100 square metres required for plots of this size. However, the plot sizes and rear garden depths would be out of keeping with the surrounding area to the detriment of the character and amenity of the area. This was a point made by Scottish Executive Inquiry reporter when dismissing the appeal for the previous proposal :-

‘I further consider that the size of the plots formed, as a result of the sub-division of the existing garden area, would be significantly smaller than those adjacent, and that this combined with the dwellinghouse would materially and detrimentally affect the prevailing feeling of space which is characteristic of the vicinity’.

4.9 Therefore, for the above reasons, this application is recommended for refusal. The applicants have requested a site visit if the Committee is minded to refuse the application.

143 Application No: S/04/01500/FUL

Date Registered: 19th August 2004

Applicant: 02 (UK) Ltd Clo Agent

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Development: Erection of a 12.5 metre High Slimline Monopole with 3 No. Antennas and 2 No. Street Furniture Cabinets with all Associated Ancillary Development

Location : Land At Loanhead Road Motherwell Lanarkshire

Ward: 28: Mossend East And New Stevenston North Councillor Kevin McKeown

Grid Reference: 276667659355

File Reference: SiPLIBl5128

Site History: None relevant Development Plan: Policy CS6 Telecommunications Development in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: OFCOM (Scotland) (no comments) Councillor Kevin McKeown (objection) New Stevenston Community Council (no response)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the erection of telecommunications equipment at Loanhead Road / Quarry Street, New Stevenston. The equipment comprises a 12.5 metre high slimline monopole mast on which will be placed three antennas. Two equipment cabins will be situated at ground level. The area where it is proposed to locate the equipment is at the road verge within an open space area. To the south of the proposed mast is the railway line. ThB location is reasonably screened from any housing although it will be visible to passers by on Loanhead Road / Quarry Street. However, as the proposal is for a monopole mast it will appear like a tall lamppost (without the lamp). The appropriate certificate confirming that the ICNIRP guidelines have been met has been submitted. There has been one objection to this proposal from the local Councillor. I have considered this objection and I share some concerns about the number of masts within 600 metres of the proposed site nevertheless, on balance, I feel that consent should be granted subject to conditions. Note that Councillor McKeown has requested that a site visit should be conducted.

144 PLANNING APPLl CAT 10 N NO. S/04/01500/FU L ERECTION OF A 12.5 METRE HIGH MONOPOLE WITH 3 NO. ANTENNAS AND 2 NO. STREET FURNITURE CABINETS WITH ALL ASSOCIATED ANCILLARY DEVELOPMENT

LAND AT LOANHEAD ROAD, MOTHERWELL * Representation

145 Recommendation: Grant Subject to the Following Conditions:-

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

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

2. In the event that equipment becomes obsolete or redundant it must be removed and the site reinstated to the satisfaction of the Planning Authority within three months.

Reason: To minimise the level of visual intrusion and ensure the reinstatement of the site to a satisfactory standard.

3. That the adjacent site shall be fully reinstated to its present condition immediately following completion of the construction works, to the satisfaction of the Planning Authority.

Reason: To minimise the level of visual intrusion and to protect the quality and character of the landscaping.

Background Papers:

Application form and plans received 19th August 2004

Memo from Head Of Protective Services received 7th September 2004 Letter from OFCOM (Scotland) received 8th September 2004

Letter from Councillor Kevin McKeown received 29th September 2004

P

Any person wishing to inspect these documents should contact Alistair Maclean at 01698 302093.

146 APPLICATION NO. S/04/01500/FUL

REPORT

1. Description of Site and Proposal

1.I The site for the proposed development is on Loanhead Road / Quarry Street, New Stevenston. It is proposed to site the monopole in a grass verge to the southern side of the road. The area between this and the railway line, which is about 50 metres distant, comprises grass and trees with some unkempt ground nearby. On the other side of the road is a large area of open space leading to Legbrannock Burn. The nearest houses are at Atlin Drive, some 70 metres distant and Union Street, almost 100 metres. Thirteen houses lie within 100 metres of the proposed monopole.

1.2 The road in this location has the footpath set back from the carriageway with a grass verge of some 2.7 metres between. The proposed monopole would be located in the grass verge on the footpath side in a similar manner to the existing lamp standards. Existing planting in the area includes numerous trees on both sides of the road, which would virtually screen the proposed development from all houses.

2. Development Plan

2.1 The development is of a small scale and is of no strategic significance in terms of Structure Plan thus the Local Plan is the correct level to consider policies. Policy CS6 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) deals with Telecommunications Development. NPPGl9 gives Government Guidelines in respect of Telecommunications developments. This proposal is generally in accord with policy guidance in both these documents.

3. Consultations and Representations

3.1 The Office of Communications had no comments to make on the application.

3.2 An objection was received from the local Councillor. He expresses concern about the proliferation of masts within the area and the proposed location’s closeness to existing and proposed housing.

4. Planning Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicated otherwise. The main considerations in assessing this application are (a) whether or not it accords with local plan policy and (b) whether or not any objections received are material planning considerations.

4.2 Government Guidance (NPPGI 9) with regard to telecommunications encourages small scale equipment, mast sharing, site sharing and installations on existing buildings, the key issues to be addressed being siting and design.

4.3 Policy CS6 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) adopts a precautionary approach to telecommunications equipment where it will be located in residential areas or within the vicinity of public buildings such as schools or hospitals. The policy outlines the following criteria which should be taken into account when considering applications for telecommunications equipment:

147 The proximity of the equipment to housing or public buildings; The design and visual impact of the apparatus; The extent to which more suitable alternative sites exist; The scope for sharing existing facilities, buildings and other suitable structures.

4.4 The mast is located on a main distributor road, but with established residential areas nearby. The design of the proposed equipment is similar to the existing street furniture that appears in this area and in other areas. The monopole itself will be approximately 5 metres taller than the adjacent lampposts and will be of a similar colour and profile. The equipment cabins will be similar to those found in the area that are used by other statutory undertakers. It is conceded that whilst the monopole will be the tallest structure in the vicinity, its impact will softened by the mature landscaping that is adjacent to it.

4.5 The applicant states that mast sharing has been considered but the only suitable structure locationally, at station, would require additional height which would lead to an unacceptable visual intrusion. They consider that all other points in NPPG19 have been considered.

4.6 The applicant has consent for a similar type of monopole at Coral Bookmakers, New Stevenston Cross, however, a breakdown in leasing arrangements has prevented implementation of this consent. Application was also made for a site at Loanhead Road / A723 junction which the applicant states was refused due to non-conformance with the Development Plan. This is inaccurate. The application was withdrawn after it was suggested that a site adjacent to a busy roundabout was an inappropriate location.

4.7 There are two issues raised in the objection received - location adjacent to housing and proliferation of masts in the vicinity.

4.8 With reference to the former there are no houses immediately adjacent to the proposed site and thirteen within 100 metres. Part of a proposed housing site as identified in Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) at the former New Stevenston Sewage Works would lie within 100 metres of the application site which would affect a small additional number of houses. Nevertheless, Government Guidance only allows siting and design to be taken into account and a slimline monopole mast situated in an area with numerous trees in the vicinity cannot be considered as obtrusive, no more so than a lamp standard. The equipment cabins, similarly, are not obtrusive.

4.9 Proliferation of masts in this area is a concern. However, this monopole is intended to be a replacement for that already consented at Coral Bookmakers, New Stevenston Cross, therefore there would be no net gain in masts in the vicinity. Government Guidance makes no mention of proliferation of masts so it would be unlikely to be dismissed on this account if it was the subject of an appeal.

4.10 Returning to the consent granted at Coral Bookmakers, technically, as planning consent goes with the land rather than the applicant, another operator could take up the consent, assuming the present applicant has no wish to build two facilities in such close proximity. The Council could consider revoking the present consent, however, this is a cumbersome and lengthy procedure. My view is that if Coral Bookmakers are not willing to conclude a lease agreement with this applicant a similar situation would apply with other operators.

4.1 1 It is my opinion that design and location of the proposed monopole is acceptable and that the proposal accords with local plan policy. Therefore, taking all matters into consideration and notwithstanding the concerns expressed by the objector, it is my recommendation that planning permission be granted.

148 Application No: S/04/01531/FUL

Date Registered: 27th August 2004

Applicant: Mr & Mrs Rockwood 20 Carbarns Road Wishaw ML2 OAU

Agent John Gordon 19 Kinneddar Park Saline KY12 9LE

Development: Erection of Conservatory

Location: 20 Carbarns Road Wishaw Lanarkshire ML2 OAU

Ward: 13: Muirhouse And Netherton Councillor Gerard McLaughlin

Grid Reference: 277855 654476.

File Reference: S/PL/B/2/5/ML

Site History: No relevant site history

Development Plan: The site lies within an area covered by the residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations: None

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Comments:

The applicants seek planning permission for the erection of a conservatory at 20 Carbarns Road, Wishaw. Two letters of objection has been received from the occupier of the upper flat at 18 Carbarns Road, details of which are contained in the attached report. Despite the neighbour's concerns, I recommend that planning permission be granted

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That the materials to be used for the conservatory shall match in colour and texture those of

149 ~~ PLANNING APPLICATION NO. S / 04 / 01531 / FUL ERECTION OF CONSERVATORY 20 CARBARNS ROAD,NETHERTON, WISHAW. A * Representations

150 the existing adjoining dwellinghouse.

Reason: To ensure that the development hereby approved complements the adjoining dwellinghouse in the interests of amenity.

Background Papers:

Application form and plans received 27th August 2004

Letters from David Murdoch, 18 Carbarns Road, Wishaw, ML2 OAU, received 7th and 10thSeptember 2004.

Any person wishing to inspect these documents should contact Marlaine Lavery at 01698 302102.

151 APPLICATION NO. S/04/01531/FUL

REPORT

1. Description of Site and Proposal

1.I The applicant seeks permission for the erection of a conservatory to the rear of his ground floor cottage flat at 20 Carbarns Road, Netherton, Wishaw. It is proposed to demolish an existing conservatory/porch in order to erect the new one.

1.2 The conservatory is 3 metres x 3 metres with a height of 3 metres. A firewall will be erected between the other downstairs flat within the block.

2. Development Plan

2.1 The application raises no strategic issues and therefore the Development Plan is established through the Local Plan.

2.2 Within the Southern Area Local Plan the site is within an Established Housing Area and is covered by Policy HSG 8 which seeks to protect the established character of the existing housing areas.

3. Consultations and Representations

3.1 No consultations were required in respect of this application.

3.2 Two letters of representation were received from the neighbouring proprietor of the upper flat at 18 Carbarns Road. The main points of objection are as follows:- . The conservatory will affect maintenance access to the objectors property as does the existing structure; . That the conservatory will be built over existing drains or sewers; . A new garden shed has been erected in the last few days and as there are already two large greenhouses and old window frames cluttering the site the erection of the proposed new larger structure will overcrowd the garden.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case the proposal is not contrary to the development plan and the main issues in the determination of the application is the impact on the occupier of the upper flat.

4.2 While appreciating the concerns of the occupier of the upper flat, the maintenance access is a legal issue which cannot be considered material in the determination of this planning application. With regard to the conservatory being built over existing drains and sewers, this will be assessed as part of a Building Warrant application. Finally, the erection of additional buildings within the site and the need for permission for those will be investigated separately but are not considered significant in determining this application as this proposal requires to be considered on its own merits. It should be noted, however, that I do not consider that this replacement conservatory to be unacceptable in terms of the loss of garden space within the site.

152 4.3 While the concerns of the neighbour are understandable they do not justify refusing the application. The scale and design of the proposed conservatory are acceptable. I therefore recommend that planning permission be granted.

153