AGENDA ITEM No...... I2 .-.=.O1.-O.

North Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 26 May 201 1

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

1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

26th May 2011

Page Application Applicant DevelopmentlSite Recommendation No No

7 071018431FUL Mr Darran Erection of Timber Grant McGhee Decking to Rear Garden and Screen Fencing (In Retrospect) 5 Easdale Path

12 09/00869/PPP Antonine Property Erection of a Hotel & Refuse Developments Business Centre Land At Rowantree Avenue Bo'Ness Road

20 09/00879/FUL Cala Construction of 10 Grant (P) Management Ltd Detached Dwellinghouses 3 Lanrig Holding Old Lindsaybeg Road

29 10/00456/FUL Caledonian Conversion and Extension Grant Properties Ltd of Existing Farm Buildings to Form 3 Dwellings and Construction of a Replacement Dwelling Rushyhill Farm Road

37 10/00981/PPP Robertson Development of Refuse Homes Ltd Residential Care Home and Supermarket Land South Of Klondike Court

2 49 10/01228/FUL Kiltane Erection of 14 Grant Developments dwellinghouses and 4 Request for Site Visit Ltd Flats with Associated & Hearing Access Road Land adjacent to Lawson Avenue Mot herwe I I

64 10/01300/MSC Redrow Homes Proposed Residential Grant Development and Associated Infrastructure, Landscaping, Open Space, Drainage, Access and Car Parking (Application for Approval of Matters Specified in Conditions 1, 7, 9, 11, 12, 15, 19, 21 to 24 of permission 07/01231/PPP) Site To The East Whiteford Road

73 1 1/00063/FUL Mrs Marion Construction of Side Grant Stewart Extension and the Removal of 2 No. Trees. Hillcroft Victoria Road

78 1 1/00064/LBC Mrs Marion Construction of Side Grant (P) Stewart Extension Hillcroft Victoria Road Dullatur Cumbernauld Glasgow

83 1 1/00079/FUL Vodafone Limited Installation of a Grant Telecommunications Monopole (14.8m) with Ancillary Equipment. St Mungos Road Cumbernauld

89 11/00128/FUL Mr lan Crossan Erection of Two Storey Grant Dwellinghouse (Replacement of Dwellinghouse) 78 Balmoral Avenue , Airdrie

3 98 11/00146/FUL Mr Richard Sharp Extension to Side of Refuse Dwellinghouse Lindsaybeg House Lindsaybeg Road Ch ryston Glasgow

104 11/00196/FUL Mr Zed Hussain Retail and Residential Refuse Flatted Development (Erection of 2 Ground Floor Retail Units and 1 Hot Food Unit with 4 Flats Above) 95 Main Street Glasgow

110 11/00243/FUL Mr Alastair Change of Use of Open Grant Gemmill Space to Garden Ground 23F Braeface Road Seafar Cum bernauld Glasgow

115 11/0026O/FUL Vodafone Limited Installation of Grant Telecom m un ica t ions Mast (14.9m) with Ancillary Equipment Guys Meadow Stadium Old Glasgow Road Village Cum bernauld

121 11/00279/FUL Mr lrshad Change of Use From Refuse Hussain Class 1 Retail Unit to a Hot Food Takeaway 38 Caledonian Road

129 11/00301/FUL IN1 Enterprises Part Change of Use of Refuse Dwelling to Form Retail Floorspace of Associated Class 1 Retail Unit and Installation of New Shop Front and Installation of ATM 54 - 56 Castlehill Road Overtown Wishaw

4 135 11/00305/AMD Taylor Wimpey Part Amendment to Grant Residential Layout (Planning Pemission 06/00355/FUL for 162 Dwellinghouses) (Alteration to layout at Plots 3-12, 25-32, 139- 142, 152-155) Cavalry Park Stirling Road Kilsyth

145 11/00308/FUL The Time Erection of Canopy Grant Capsule The Time Capsule Monklands Trust 100 Buchanan Street Ltd Coatbridge

150 11/0032O/FUL Extension to Children's Grant Council Residential Care House Buchanan House Buchanan Street Coatbridge

155 11/00334/FUL Vodafone Limited Installation of a 14.8m Grant Telecommications Pole Request for a Site with Associated Apparatus Visit & Hearing Balloch Road Balloch Cum bernauld

168 11/00347/AMD Airway Solutions Installation of Additional Grant Ltd Antenna to Previously Approved Apparatus North Lanarkshire Council Fleming House 2 Tryst Road Town Centre Cum bernauld Glasgow

174 11/00374/FUL North Lanarkshire Erection of Salt Barn Grant Council NLC Transport Services Depot Old Edinburgh Road Uddingston

179 11/00389/FUL Mr Brian Bell Siting of Static Snack Van Grant Unit Land To The West Of Brownhill Farm / Adjacent To Lay By A73 Cleland

3 185 11/00409/FUL Amey Public Erection of a Storage Grant Services LLP Facility 7 Blairlinn Road Blairlinn Cum bernauld Glasgow

09/00879/FUL - If planning permission granted the decision notice should not be issued until Section 69 agreement has been concluded to deliver an affordable housing contribution

11/00064/LBC - If the decision is to grant listed building consent the application is required to be notified to Historic for ratification.

6 Application No: Proposed Development:

07/01843/FUL Erection of Timber Decking to Rear Garden and Vertical Close Boarded Screen Fencing (In Retrospect)

Site Address:

5 Easdale Path Glenboig Coatbridge North Lanarkshire

Date Registered:

11 th February 201 1

Applicant: Agent: Mr Darran McGhee N/A 5 Easdale Path Glenboig Coatbridge North Lanarkshire ML5 2SB

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 006 Coatbridge North And Glenboig 7 letter(s) of representation received. Anthony Clarke, Martin McWilliams, William Shields, Peter Sullivan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The development is considered to accord with the development plan as it generally follows the appropriate criteria for extensions to dwellinghouses as set out in the relevant policies contained within the adopted Monklands District Local Plan 1991 or that of the Finalised Draft North Lanarkshire Local Plan in terms of the protection of the residential amenity of the site and neighbours and the character of surrounding area.

7 Planning Application No. C/07/0 18431FUL Erection of Timber Decking to Rear Garden and Screen Fencing [In Retrospect)

5 Easdale Path, Glenboig, Coatbridge * Representations 1 : A1,250 Three Anonymous Letters of Representation Received 8 Background Paoers:

Representation Letters

Letter from Ms Margret Gaffney, 5 Carmichael Path, Glenboig, ML5 2SB Letter from Ms Janette Cameron, 2 Carmichael Path, Glenboig, ML5 2SA Letter from Mrs E. Hart, 2 Easdale Path, Coatbridge, ML5 2SB Letter from Mr William Moore, 7 Easdale Path, Glenboig, ML5 2SB Three letters of Representation (Anonymous)

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Ms Julie Crichton at 01 236 812381

Report Date: gthMay 201 1

9 APPLICATION NO. 07/01843/FUL

REPORT

1. Site Description

1.I The application site is a mid terraced 2 storey dwellinghouse at 5 Easdale Path, Glenboig. The site is located within a residential area. Houses on Easdale Path back onto a footpath which also serves the front of properties on Carmichael Path (see plan).

2. Proposed Development

2.1 Retrospective planning permission is being sought for the erection of timber decking and fencing on the rear of 5 Easdale Path, Glenboig. The timber decking measures 8.11 metres in length and 5.86 metres in width and has a total area of 47.52 square metres. The decking is around 0.46m off the ground. Fencing has been erected for screening between the property and its neighbours which takes the structure to a total height of 2.26 metres to the west and 1.85 metres to the east.

2.2 This decking and fencing was erected without planning permission in 2007. The matter was brought to the attention of the Planning Service and a planning application submitted in November 2007 but without the necessary planning application fee. Following reminders to the applicant, the planning fee was submitted in February 201 1 allowing the application to be validated.

3. Development Plan

3.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy.

3.2 The site is designated within the Monklands District Local Plan 1991 as a residential area where amenity is to be protected (Policy HG9).

4. Representations

4.1 Following the standard neighbour notification procedure being carried out in February 201 1, 4 letters of representation were received. These can be fairly summarised as follows:

i) There is overshadowing from the timber decking and fencing. ii) The timber decking has covered drainage pipes for the neighbouring properties and it is encouraging rats to infest the area. iii) The decking and fencing to be an eyesore and is comparable to a prison exercise yard. iv) The deck is noisy when children are playing on it. v) The decking is a fire hazard.

4.2 When the planning application was first submitted (in its invalid form) in 2007, three anonymous letters of complaint were received, all indicating the same issues as noted above.

5. Planninn Assessment

5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.

10 5.2 In this instance, the key considerations are firstly the impact of the decking upon the residential amenity of adjoining and nearby houses, and secondly the impact upon the appearance and character of the building and surrounding area.

5.3 In terms of impact on residential amenity, the following points are noted:

i) Although the decking is raised above the original ground layout, the difference in height is relatively small and with the assistance of the screen fencing should not impact upon privacy of adjoining gardens or habitable rooms unduly.

ii) Also, due to the relationship of the deck to neighbouring windows, there should be little impact on sunlight and daylight within habitable rooms of adjoining properties. This has been verified by the appropriate su nl ight/dayl ig ht test.

iii) Despite the concerns of the objectors, noise from children running on the decking does not weigh against the proposal given that the use of the deck (being ancillary to the use of the dwellinghouse) is no different from that of normal garden ground.

iv) The concern that the deck is a fire hazard is not a planning consideration.

v) The concern that the drainage pipes are covered and that it is encouraging rats is not a planning consideration.

5.4 In terms of impact upon the appearance of the building and the area, the scale and design of the deck is considered appropriate. The deck cannot be viewed easily from the footpath to the rear due to the fencing. Most other houses on the terrace also have fencing around their rear gardens which are approximately 2 metres in height and of a similar style to that proposed.

5.5 Other Material Considerations - The Finalised Draft North Lanarkshire Local Plan is a material consideration, however, the relevant supplementary planning guidance has not yet been published. The emerging plan is generally supportive of the principle of proposals which have no adverse impact on residential amenity.

6. Conclusions

6.1 In conclusion, it is considered that the proposal is in accordance with the development plan, in terms of its impact on residential amenity and on the character of the building, the surrounding site, and overall character of the area, it generally follows the appropriate criteria for extensions to dwellinghouses as set out in the relevant policies contained within the adopted Monklands District Local Plan 1991 or that of the Finalised Draft North Lanarkshire Local Plan in terms of the protection of the residential amenity of the site and neighbours and the character of surrounding area. It is therefore recommended that planning permission be granted.

11 Application No: Proposed Development:

09/00869/PPP Erection of a Hotel & Business Centre

Site Address: Land At Rowantree Avenue Bo'Ness Road Holytown

Date Registered:

31 st July 2009

Applicant: Agent: Antonine Property Developments Coltart Earley Architecture Mr Allan Bell 11 Clairmont Gardens Antonine View Glasgow 2A Broom hill Road G3 7LW Bonnybridge FK4 2AN

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 01 5 And Holytown No letters of representation received. Councillors James Coyle, Paul Delaney & Kevin McKeown

Recommendation: Refuse

Reasoned Justification:

The proposed development is considered contrary to the development plan as it fails to meet the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan in that the proposed hotel would result in a loss of an industrially zoned site and the applicant has failed to provide sufficient justification with respect to loss of this industrial site or to support the case for a hotel at this location and no assessments have been submitted in relation to the impact upon the surrounding road network and potential for flood risk arising from the development.

12 Produced by PLANNING APPLICATION 09 / I PPP Mbrth Lanarkshire Counal 00869 Planning and 6mironment apartment, Erection of a Hotel 8 Business Centre Land At Rowantree Avenue, Bo'Ness Road, Holytown

tel01898 27427411 cx 01898 403053

13 Recommendation: Refuse for the Following Reasons:-

1. That the proposal is contrary to Policies IND8 (Established Industrial and Business Areas), lNDl0 (Assessing Other Developments on Industrial and Business Land), L2 (Leisure Development) and L6 (Visitor Accommodation) of the Southern Area Local Plan 2008 and Policies EDll AI (Assessing Economic Development and Infrastructure Proposals), RTCI (Protecting the North Lanarkshire Centre Network) and Supplementary Planning Guidance 'Industrial and Business Development' of the Finalised Draft North Lanarkshire Local Plan in that the proposed hotel would result in a loss of an industrially zoned site and the applicant has failed to justify the loss of this industrial site or to provide sufficient justification with respect to specific locational need or demand for a hotel at this location.

2. The applicant has failed to demonstrate that there will be no flood risks, and the proposal is therefore contrary to Policy ENV9 (Flooding) of the Southern Area Local Plan 2008. It has not been demonstrated that there will be no unacceptable flood risk arising from or affecting the development.

3. The proposed development is contrary to Policy TR13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan 2008 in that the applicant has failed to submit a Transport Assessment to demonstrate that there will be no significant adverse impacts on the surrounding road network.

Backnround Papers:

Representation Letters

None

Consultation Responses:

Memo from Traffic and Transportation received 4'h September 2009 and 12'h May 201 1. Memo from Protective Services received 8thSeptember 2009. Letter from SP Energy Networks received 1Oth September 2009.

Contact Information:

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698 2741 12

Report Date:

13'h May 201 1

14 APPLICATION NO. 09/00869/PPP

REPORT

1. Site Description

1 .I The application site comprises of 3.6 hectares of open land and is situated east of Bo’ness Road, Holytown and south of Rowantree Avenue, Newhouse Industrial Estate. The site is adjacent to the roundabout on A723 Bo’ness Road which leads to accesses to Rowantree Avenue and McNeil Drive (Eurocentral entrance). To the east of the site lies the UPS distribution centre to the south lies a site currently being developed for housing by Persimmon. The site is undulating and slopes in a north west to south east direction. It should be noted that the site sits approximately 2 metres higher than the road level on Bo’Ness Road. The site is currently open land comprising of demolition material, with a narrow band of tall planting along the western boundary at Bo’Ness Road. There is currently provision for vehicular access to the site from Rowantree Avenue via Westfield Road. There is a small watercourse in an open channel lying to the south west of the site. Overhead power lines traverse the site to the south.

2. Proposed Development

2.1 This application seeks planning permission in principle for the erection of a hotel and business centre. The applicant has submitted an indicative site layout showing a hotel within the northern part of the site and 7 office pavilions with associated parking areas and landscaping. The proposed hotel would accommodate 136 bedrooms over three storeys. The proposed layout shows an extension of Westfield Road with three accesses to the site taken from this road.

3. Applicant’s Suwortina Information

3.1 The applicant has submitted no information in support of this application.

4. Site History

4.1 A previous outline planning application Ref. 05/01567/0UT for Use of Land for Residential, Commercial & Industrial Purposes (Incorporating the Remediation of Former Mines) was granted on 18‘h September 2007. An indicative layout submitted with this application identified the southern 14 acres of land be allocated for housing, with the northern 10 acres proposed to be retained for commercial and industrial uses. The application site comprises of the northern 10 acres of this larger site.

4.2 A subsequent application for the housing area was submitted Ref. 08/00638/MSC for Erection of 137 Dwellinghouses (Approval of Matters Specified in Conditions of Permission S/05/01567/OUT) and was granted gth June 2010. This site is currently under construction.

5. Development Plan

5.1 The site is covered by Policy IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008.

5.2 The site is covered by Policy EDI 2 A (Industrial and Business Sites) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 A summary of comments from the consultees are as follows:

15 Transportation has commented that a Transport Assessment is required and from the information currently available it appears that a small north-western part of the site may be marginally affected by the future A8 upgrade and associated works to the adjacent roundabout on A723. They have therefore recommended Transport Scotland are consulted on this application. They also provided guidance on visibility splay requirements, parking provision and service areas. They also note that Westfield Road is private in terms of the Roads (Scotland) Act 1984 and it would remain private from the heel of the footway from Rowantree Avenue. Any associated parking areas within the development would also be private. Protective Services have commented that a comprehensive site investigation is required and a Detailed Remediation Strategy may also be required. SP Energy Network have objected to the proposed development as there are high voltage underground cables within the application site and Scottish power has received no approach from the applicant in this regard.

7.

7.1 No letters of representation have been received in relation to this application following the neighbour notification procedure and press advertisement.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is covered by Policy IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008. Policies IND9, IND 10, L2, L6, ENV 5 (Assessment of Environmental Impact), ENV 9 (Flooding), ENV13 (Biodiversity) and TR 13 (Assessing the Transport Implications of Development) are all relevant to the proposals.

DeveloDment Plan:

8.2 Policy IND 8 (Established Industrial and Business Areas) seeks to retain the existing character of Established Industrial and Business Areas by safeguarding existing uses and supporting the development of general industrial, distribution, storage or Class 4 Business Uses where appropriate. In this instance, the proposed hotel element is considered contrary to the local plan zoning as it constitutes an unjustified loss of industrial land. The applicants were repeatedly asked to supply information to support their case for the use of this industrial land for a hotel but have declined to do so. The proposed office pavilions, however, accord with this policy.

8.3 Policy IND9 (Assessing Applications for Industrial and Business Development) is relevant to the office element of this application. This policy lists a set list of relevant criteria against which such proposals must be assessed. Given the zoning of the site and previous outline planning permission for industrial development, the principle of the proposed business element, incorporating the seven office pavilions shown on the indicative layout, is acceptable under the terms of this policy. Matters relating to design and layout would be assessed under any subsequent matters specified in conditions application. With regard to transportation, this matter is discussed at paragraph 8.7 below. Taking account of the above, it is considered that the proposed business element accords with Policy IND9.

8.4 Policy INDlO (Assessing Other Developments on Industrial and Business Land)is relevant to the hotel element of this application. This policy details relevant criteria including: the extent to which there is a surplus in industrial and business land, whether the development would undermine the attractiveness of a location for industry and business, specific locational requirement for the proposal, would result in economic benefit to the Plan area, existence of suitable alternative sites, impact on

16 travel patterns and the re-use of vacant or under-utilised land. In this instance, the application site is located within Newhouse Industrial Estate which is characterised by office, commercial and industrial uses. The application site is located at the entrance to the industrial estate and is viewed prominently from the main arterial A723 Bo’Ness Road which connects the A8 to Motherwell. As detailed earlier in paragraph 8.2 no justification has been made by the applicant to support the loss of this industrial site to alternative development. It is considered that the proposal would result in an unacceptable loss of an important industrial site. The applicant has repeatedly been requested to provide justification for the requirement of a hotel at this location including specific locational need and the lack of other suitable alternative sites however they have failed to provide this information. In view of the lack of such details, there is no justification for a hotel at this location, this is expanded upon in paragraph 8.5 below. While the proposed hotel would bring a vacant site into use, no justification has been submitted which outweighs the industrial zoning of the site. It is therefore considered that the proposed hotel is contrary to Policy INDIO.

8.5 Policies L2 (Leisure Development) and L6 (Visitor Accommodation) seek to promote leisure/visitor accommodation developments and set relevant criteria for their assessment such as the suitability and impact of the proposal on the character and amenity of the surrounding area, the availability of suitable alternative sites and the extent to which there is a shortfall in provision in the area. Policy L6 specifically relates to the provision of hotel and bed and breakfast establishments and the accompanying text notes that at the time of that Local Plan there was a shortfall in the level and range of provision throughout the plan area. It was also noted that there are proposals for a hotel at Legbrannock Park and at Newhouse that will assist in meeting the identified shortfall. It should be noted that the site is located between two nearby hotels, Dakota at Eurocentral and The Premier Inn Newhouse Hotel at Newhouse (fully developed since this policy was drawn up). As detailed in paragraph 8.4 above, the applicant has not provided any substantial information in support of his case for a hotel at the application site. All that has been supplied is a note from the agent that there are two parties interested in purchasing such a hotel. No details have been supplied with regard to the lack of other available hotel sites within the local area and information regarding any shortfall in provision. It should be noted that there are two available sites zoned for leisure purposes in the local area, these include the Torrance Park site at Legbrannock and land at the Showcase Cinema site, Coatbridge adjacent to M8, for hotel facilities. The applicant has provided no justification in relation to these appropriately zoned sites. The site proposed for the hotel is within an established industrial estate and is zoned to be retained for such purposes. It is therefore considered that the proposal is contrary to Policies L2 and L6.

8.6 In terms of flood risk, Policy ENV9 is relevant and this requires the applicant to submit a statement showing measures to ameliorate flooding. As the site is located to the north of an existing open watercourse, a flood risk assessment was requested to be submitted however the applicant has failed to provide such details. It should be noted that the adjacent site to the south is currently under construction (Ref. 08/00638/MSC) for a residential development and flood risk was identified and appropriate mitigation measures currently under construction. Given that no details have been submitted regarding flood risk, the proposal is considered to be contrary to Policy ENV9.

8.7 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. With regard to the impact of the works required to the roundabout adjacent to the site from the A8 upgrade, the area of land is small and land take that may be required as part of these works would not significantly affect the overall development site. It is therefore considered that this matter would be addressed in any subsequent matters specified in conditions application. In this instance the proposed development does not meet the criteria for consulting with Transport Scotland. Transportation has requested that a Transport Assessment requires to be submitted in order to fully assess the impact of the

17 proposed development on the surrounding road network. The applicant has confirmed that they are not willing to submit this assessment and request that such information should be covered by a planning condition. It is not considered appropriate to determine this application without such information and to apply conditions requiring its submission. In view of this, it is considered that there is insufficient information to fully assess the proposed development. As such, it is considered the proposal is contrary to Policy TRI 3.

Finalised Draft North Lanarkshire Local Plan:

8.8 The site is zoned as Policy EDll AI (Industrial and Business Sites) in the Finalised Draft North Lanarkshire Local Plan. This policy seeks to support the continuing industrial and business character of existing industrial and business areas and assess alternative changes of use against a list of relevant criteria including Supplementary Planning Guidance. The application site is located within an identified Strategic Industrial and Business Location, Newhouse and Newhouse West (including Eurocentral). It is considered that the principle of the business element of the proposal accords with the spirit of Policy EDI AI. With regard to the hotel element, this is considered a change of use from industrial and business use to leisure and this requires detailed assessment under the terms of the approved Supplementary Planning Guidance (SPG) for industrial and business development. The SPG provides a clear spatial framework for the strategic location of business and industry and the key assessment factors when determining any planning applications and also takes account of alternative proposed uses for industrial and business land. With regard to the key assessment factors for this application, these include: planning status, locational marketability, market sectorluse class, economic impact, industrial and business support facilities and trade counters. With regard to the proposed hotel, the SPG will not support proposals which fail to provide sufficient information by its submission requirements, which in this case the relevant information includes, Business Case, Supporting Statement and Transport Assessment. As detailed above in paragraph 8.7, the applicant was requested to submit the Transport Assessment and a Business Case for the hotel in view of the zoning of the site for industrial purposes. The applicant has failed to submit any details in this regard and in view of this, the proposal cannot be fully assessed therefore it is contrary to this supplementary planning guidance.

8.9 The North Lanarkshire Local Plan goes on to assess developments under Policies DSP’s 1 to 4 (Amount, Location, Impact and Quality of Development) and for the reasons already detailed in this report, these assessment criterion in relation to amount, location and impact have been addressed. It is considered that the hotel element is contrary to these policies however the business element satisfies the listed criteria. As this application is in principle only, the quality of the development cannot be assessed at this time and further assessment would be required in any subsequent matters specified in conditions application. As such the proposal is contrary to the policies and SPG contained in the Finalised Draft North Lanarkshire Local Plan.

Consultations:

8.10 With regard to the response received from Protective Services, the submission of a comprehensive site investigation can be addressed by a suitable planning condition. In terms of the response from SP Energy Networks, the applicant would require to liaise with them prior to any works commencing to ensure that their apparatus is unaffected by the proposed development and this can also be addressed by planning conditions.

9. Conclusions

9.1 The proposed development is contrary to the Southern Area Local Plan and Finalised Draft North Lanarkshire Local Plan. The applicant has failed to provide the necessary

18 information justifying the loss of this important industrial site or to support their case for the hotel element of the proposal, they have also declined to supply the required information relating to drainagelflood risk and transport impacts. The applicant has also failed to supply the information required by the SPG of the Finalised Draft North Lanarkshire Local Plan. Consequently, the application is not able to be fully assessed without the required details. Therefore in this instance, the development cannot be deemed to be acceptable and it is therefore recommended that planning permission in principle be refused.

19 Application No: Proposed Development:

091008791FUL Construction of 10 Detached Dwellings Site Address:

3 Lanrig Holding Old Lindsaybeg Road Ch rys to n G69 9HU

Date Registered:

3rd August 2009

Applicant: Agent: Cala Management Ltd N/A Cairnlee House Callendar Business Park Callendar Road Falkirk FKI IXE Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 005 11 letter(s) of representation received. William Hogg, Joseph Shaw, Brian Wallace, (8 supportive and 3 objections) Frances McGlinchey,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

With regard to the adopted Northern Corridor Local Plan the site is zoned as Green Belt; however, the Finalised Draft North Lanarkshire Local Plan zones the site as located within the urban area. The proposed residential development is considered to be acceptable in terms of plot size and design which is considered to be in keeping with the character and amenity of this established residential area.

This planning application will be subject to a Legal Agreement in relation to an Affordable Housing financial contribution.

20 #?epre se ntatio n Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- PDS 002 Rev E Planning Layout, LRE 10 Rev B, PDI Rev B Logan, PDS OOIA Milton, PDI Rev B Ramsay, PDI Rev B Moncrief and PDI Rev C Lewis.

Reason: To clarify the drawings on which this approval of permission is founded.

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 and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To ensure that materials are appropriate for the buildings 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: To ensure that walls and fences are appropriate for the site and the general area and do not encroach into the surrounding countryside.

5. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

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

6. That all works included in the scheme of landscaping and planting shall be completed within 6 months of the dwellings being occupied and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure effective landscaping.

7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths;

22 (b) the access road; (c) the proposed grassed, planted and landscaped areas; (d) the proposed boundary fences.

Reason: To ensure that there is effective management and maintenance of communal infrastructure.

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

Reason: To ensure that there is effective management and maintenance of communal infrastructure.

9. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

11. That notwithstanding the requirements of condition 2 above and BEFORE the development hereby permitted starts, full details of the proposed vehicular and pedestrian accesses, shall be submitted to, and approved in writing by the Planning Authority, and it shall include the following unless otherwise agreed in writing:- (a) Junction visibility splays of 4.5m x 60m shall be achieved and maintained at junction of Main Road / Old Lindsaybeg Road. (b) The site shall be accessed by a general access road including a 2rn wide footway provision along the west side of Old Lindsaybeg Road, for the entire front of the site, which should connect to the existing footway network on Main Street. It has been noted that this has been achieved by the provision of a build out indicated on drawing LREIO. (c) Drawing LREIO indicates a proposed build out at the start of Old Lindsaybeg Road shall have a visibility splay of 4.5m x 35m. (d) Nothing shall be built, planted or allowed to grow above 900mm in height within the visibility splays. (e) The driveway of Plot 4 shall be repositioned to avoid reversing along the footway at the end of the cul-de-sac. (f) All visitor parking should be contiguous with the public road with a footway provided to the rear of the parking bays.

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

12. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

13. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

23 Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Note to Committee

If approved, the planning permission will not be issued until a Legal Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded in relation to a financial contribution of f55,000towards Affordable Housing.

Backaround Papers:

Representation Letters

Letter from Mrs Janet Incecik, 78 Prestonfield, Glasgow G62 7PZ received 10th August 2009. Letter from Ms Giselle Rothenberger, 41 Nicolton Avenue, Brightons, Falkirk FK2 OTP received 10th August 2009. Letter from Ms Laura Walmsley, 2 Moorfoot, Bishopbriggs G641EQ received 11th August 2009. Letter from Professor Atilla Incecik, 78 Prestonfield, Glasgow G62 7PZ received 10th August 2009. Letter from Dr. Rosalind Quinn, 3 Lanrig Holdings, Chryston, Glasgow G69 9HU received 18th August 2009. Letter from Mr Malcolm Tyre, 4 Merrylee Road, Newlands, Glasgow, G43 2SH received 2nd September 2009. Letter from Mr Hugh O'Donnell, 15 Baltersan Gardens, Hamilton M137QW received 26th August 2009. Letter from Mr G Allan, 63 Lindsaybeg Road, Chryston, Glasgow, North Lanarkshire, G69 9DN received 28th August 2009. Letter from Chryston Community Council, Clo Miss R Anderson, Hon. Secretary, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 31 st August 2009. Letter from Mr Charles Gow, 3 Lanrig Holdings, Chryston, Glasgow G69 9HU received 28th August 2009. Letter from Mr James Kane, 63 Lindsaybeg Road, Chryston, G69 9DN received 28'h August 2009.

Consultation Responses: Memo from Traffic & Transportation received gthMay 201 1. Memo from Environmental Health (including Pollution Control) received 28 August 2009

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 61 8124

Report Date: 1Ith May 201 1

24 APPLICATION NO. 09/00879/FUL

REPORT

1. Site Description

1.I The 0.8 hectare application site is within the Chryston area and is located between Lindsaybeg Road to the west and Old Lindsaybeg Road to the east. The site comprises one dwelling, an associated garage and the remainder of the site is open space. The site is long and narrow and so impacts on the development layout. Located to the south are two bungalows, to the west is a modern residential development, to the north is a small agricultural holding, to the east is a dwellinghouse and agricultural land.

2. Proposed Development

2.1 The applicant proposes to demolish the existing dwelling and garage and construct 10 detached, 2 storey dwellings with associated garden ground and in curtilage parking. Five of the proposed houses will be accessed directly from Old Lindsaybeg Road with the remaining five accessed from a short CUIde sac. The original proposal sought permission for 12 residential properties, however, after discussions and negotiations revised plans have been submitted proposing 10 units with five facing the road and five off a new road.

3. Applicant’s Suwortinn Information

3.1 A supporting statement offering justification for a housing development on the site has been submitted. The applicant acknowledges the current Green Belt zoning of the site and notes that the site has been rezoned in the Finalised Draft North Lanarkshire Local Plan as part of the urban area. A protected species survey was submitted concluded that no roosts were identified on the site and the site has limited use as a commuting resource.

4. Development Plan

4.1 This application raises issues of a strategic and local nature and therefore must be considered in terms of both the Structure and Local Plan.

4.2 Relevant policies in the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the Fourth Alteration 2008) are Strategic Policy 1 - Strategic Development Locations, Strategic Policy 6 - Quality of Life and Health of Local Communities, Strategic Policy 9 - Assessment of Development Proposals and Strategic Policy 10 - Departures from the Structure Plan.

4.3 In terms of the Northern Corridor Local Plan 2005, the application site is located within the Green Belt and is covered by policy ENV 5 (Residential Development in the Green Belt).

5.

5.1 A summary of comments from the remaining consultees are as follows:

i. Transportation have no objection to the proposal subject to conditions relating to visibility, footway provision, driveways and car parking. ii. Protective Services have no objection to the proposal subject to a site investigation being carried prior to works.

6. Representations

6.1 Following the standard neighbour notification process and newspaper advertisement

25 11 letters of representation (8 supportive and 3 objections) have been received.

6.2 It should be noted that one letter of objection was received from Chryston Community Council and the others from members of the public.

6.3 Points of objection cover; Greenbelt policy, rural character, over development, over shadowing, inappropriate house styleslsizes, adverse Impact on No’s 63 and 65 Lindsaybeg Road.

6.4 Points of support cover; enhancing housing choice and availability, accessibility by car and public transport, benefit to surrounding shops and schools and tipping.

6.5 An enquiry was made by the residents of No’s 63 and 65 Lindsaybeg Road and was followed up by Councillor McGlinchey which requested that an access strip to be incorporated into the development in order to allow access to maintain their boundary walls and garages.

7. Plannina Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, requires that the determination of planning applications must be made in accordance with the development plan unless material considerations indicate otherwise.

7.2 Develoment Plan: The Development Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008) and the Northern Corridor Local Plan 2005. Relevant policies are as follows.

7.3 Glasgow and the Clyde Valley Joint Structure Plan 2000: Structure Plan Strategic Policy 1 (Strategic Development Locations) requires the continued designation and safeguarding of the Glasgow and Clyde Valley Greenbelt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. The proposed development is for residential development on land currently zoned as Green Belt in the adopted local plan. It must be, however, noted that the application site has a change in land use zoning in the Finalised Draft North Lanarkshire Local Plan in which the site will be within the settlement of Chryston and not Green Belt. This will be explored in detail below.

7.4 Northern Corridor Local Plan 2005: The local plan zones the application site as Green Belt in which policies ENV 4 (Development in the Green Belt) and ENV 5 (Residential Development in the Green Belt) apply. These policies state that there is a presumption against new development in the Green Belt unless required for agriculture, etc. The applicant has provided a supporting statement which refers to a change in land use zoning in the Finalised Draft North Lanarkshire Local Plan and this will be explored in detail in the relevant section below. Policy HG 4 (Assessing Applications for Residential Development) is also relevant. This states that new build residential development will not be permitted outwith existing residential areas unless it is justified under (amongst other things) policy ENV 5 as noted above. Notwithstanding the Green Belt zoning issue, the application site is of a sufficient size to comfortably accommodate the proposed residential development and provide sufficient garden ground without any significant impact on the surrounding residential properties.

7.5 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan (FDNLLP) which zones the application site as HCF 1 A (Residential Amenity) as part of a wider definition of the settlement boundary of Chryston and there have been no objections to the new settlement boundary in the FDNLLP. This policy has a presumption against developments detrimental to residential amenity in primary residential areas. With this in mind the FDNLLP also requires proposed developments to be assessed against policies DSP 1(Amount of Development), DSP 2 (Location of Development),

26 DSP 3 (Impact of Development), DSP 4 (Quality of Development) and HCF 3 (Assessing Affordable Housing Development). Due to the limited nature of the development, Policies DSP 1 and 2 are not relevant whilst DSP 3 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community. While policy DSP 4 states that development will only be permitted when design is of a high standard. This new zoning of the application site and its removal from the Green Belt would provide sufficient justification to accept the principle of the proposed dwellings providing the development does not have a significantly adverse impact on the amenity of the area. In this case, it is considered that given the size and nature of the application site it is of a sufficient size to accommodate the proposed ten dwellings. This would be in keeping with the area which is characterised by large house plots. With reference to DSP 3, the proposal is minor in nature and will not have a major impact on the locale. Regarding DSP 4, the proposed design and finish of the proposed ten dwellings are of a high standard that would be considered to be a development of quality and therefore in accordance with DSP 4. Policy HCF 3 states that the Council will seek the provision of an on-site provision of affordable housing at the rate of 25% or a commuted payment for all new housing developments with site capacity between 5 to 19 dwellings not already included in the Housing Land Supply 2008. As the site is within the Cumbernauld Sub-Market Area, and proposal seeks permission for ten dwellings, there is a need for the commuted sum in lieu of on site provision. The commuted sum was determined through the advice from the District Valuer and the figure of f55,000 has been arrived at. The applicant has confirmed their willingness to enter into a Section 69 Legal Agreement in this respect. It is considered, therefore, that the proposal is acceptable and complies with the draft local plan.

7.6 Character and Amenity of Site: The proposal seeks to develop a plot of land which has established residential areas to the west and south. The proposal for ten dwellings will be in keeping with and complement the existing residential properties in the immediate locale. Due to the size of the each house plot, this will not result in a detrimental impact on the character and amenity of the existing residential properties. Although there will be a lessening of the rural character of the area this is a natural consequence of the re-zoning of the area.

7.7 Legal Agreement: The applicant has agreed to a financial contribution of f55,000to be secure via a Section 69 of the Local Government (Scotland) Act 1973 legal agreement.

7.8 Applicant’s Supporting Information: The applicant’s supporting statement, as detailed in paragraph 3.1 above, the applicant acknowledges the current Green Belt zoning of the site and notes that the site has been rezoned in the Finalised Draft North Lanarkshire Local Plan as part of the urban area. This is duly noted and discussed in detail above.

7.9 Consultations: In terms of the consultation responses received from Protective Services and Traffic & Transportation, these are addressed by suitable planning conditions.

7.10 Representations: With respect to letters of representation, the response to the representations received is as follows:

Objection Green belt- This is noted and discussed in detail above in: Planning Assessment- Development Plan. Rural character- It is noted that there will be a lessening of the rural character of the area this is a natural consequence of the re-zoning of the area. Over development-The density of the development has since been reducing by two dwellings which are considered to be acceptable. Overshadowing - Having carried out the appropriate test it is considered that the

27 proposed new dwellings will not result in a detrimental impact on the daylightlsunlight currently enjoyed by the adjacent dwellinghouses (Nos. 63 and 65). Inappropriate house sty leslsizes - The acceptability of the proposed house styles and sizes have been assessed in detail above and considered to be acceptable. Impact on No's 63 and 65 Lindsaybeg Road-The impact of plots 1 to 3 on existing properties 63 and 65 Lindsaybeg Road is considered acceptable as the window to window distances and garden ground depths meet Council standards.

support Enhancing housing choice and availability- An additional 10 dwellings would provide further housing availability in the area, this however is not considered a justification for departing from development plan policies. The application site has been re-zoned in the FDNLLP. Accessibility- The site is accessible by car and buses. This is not a justification for housing development on a site and the suitability of the proposal has been assessed in full above. Benefit to shops and schools-The site is in reasonable proximity to a school, shops and other housing developments however as mentioned above, the development has been assessed and considered to be acceptable. Tipping- There is no evidence of tipping on the site.

Enquiry 1 metre wide access strip- Although not a planning matter, this request was forwarded to the applicant who replied stating that access is to be maintained for maintenance and this can be written into title deeds of the new owners. However, the proposal for a one metre strip between properties, simply won't work. This will create a security issue for the new houses with effectively an area of unsupervised land to the rear of their properties and the existing houses, furthermore, these areas of land tend to become "no man's land" as they will not be maintained and end up areas full of litter/dumping grounds. This response is noted and does not alter the planning assessment.

8. Conclusions

8.1 In conclusion, the site of the proposed dwelling is currently zoned as Green Belt in the adopted Northern Corridor Local Plan. The Finalised Draft North Lanarkshire Local Plan (FDNLLP), however, identifies the site as falling within the Chryston settlement boundary. There is significant weight attached to the FDNLLP due to its stage and that there are no objections to this re-zoning of the application site which would outweigh the current adopted plan. I am satisfied that development can proceed without adversely affecting the amenity of the surrounding area, although there will be a lessening of the rural character of the area as a natural consequence of the re- zoning of the area. Therefore, in this case, the proposed development is considered acceptable. Taking account of these matters and the letters of representation received, it is recommended that planning permission be granted.

8.2 If granted planning permission should not be issued until a Legal Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded in relation to a financial contribution towards Affordable Housing.

28 Application No: Proposed Development:

10/00456/FUL Conversion and Extension of Existing Farm Buildings to Form 3 Dwellings and Construction of a Replacement Dwelling Site Address:

Rushyhill Farm Robroyston Road Auchinloch G64 1UW

Date Registered:

27th April 201 0

Applicant: Agent: Caledonian Properties Ltd CKD Galbraith 2 The Cross 3 Main Street Bishopbriggs Milngavie G64 2RD G62 6BJ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 005 Strathkelvin 0 letter(s) of representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development accords with local plan renovation policy and will ensure that three simple and attractive rural buildings are retained through taking on a new use. The replacement dwelling is an improvement and more sympathetic to the rural environment than the existing dwelling.

29 NI10 AJOO456IF U 1 Caledonian Prop e rt ies Limited Rushyhill Farm Robropton Road Auchinloch %~-rz=.==r& :=L-.., Conversion of Existing Farm Buildings to Form 3 Dwellings L-z:&3=&-pA& L%*#-h-- ---.-----w-.-. b--.-.- and Construction of Replacement Dwelling b.,*.-.L8 ".>..mm *.,..-I..,..-L.ll._ Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- B8/99/17 AE(0)I 2 Rev A, B8/99/17 AL(0)OO Rev A, 88/99/17 AL(0)02 Rev C, B8/99/17 AL(0)03 Rev A, 88/99/17 AL(0)05 Rev A, B8/99/17 AL(0)I 1 Rev A, 88/99/17 AL(0)20 Rev A, B8/99/7 AL(0)OI Rev C and B8/99/7 AL(0)21.

Reason: To clarify the drawings on which this approval of permission is founded.

3. With regard to the three identified outbuildings, this permission is for the renovation, extension and residential conversion of these buildings and not for a new build development; in this respect there shall at no time be less than three of the original stone walls left standing in each of the buildings in the renovation process (or such other scheme as may be approved in writing by the Planning Authority).

Reason: To comply with Green Belt policies and to ensure that a precedent is not set for new dwellinghouses in the countryside to the detriment of the rural environment.

4. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the converted dwellinghouses hereby permitted, other than that expressly authorised by this permission.

Reason: In order to retain the rural character of the buildings and site.

5. 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; the external materials shall be stone, wet dash render, slate, timber framed sash and case style windows and timber doors, or such other scheme as may be approved in writing by the Planning Authority.

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

6. 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 ensure that walls and fences are appropriate for the site and the general area and do not encroach into the surrounding countryside.

7. That all works included in the scheme of landscaping and planting shall be completed within 6 months of the dwellings being occupied and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure effective landscaping.

8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it

31 shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths; (b) the proposed parking areas; (c) the access road; (d) any proposed external lighting; (e) the proposed grassed, planted and landscaped areas; (f) the proposed boundary fences: (9) the septic tank and soakaway area.

Reason: To ensure that there is effective management and maintenance of communal infrastructure.

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

Reason: To ensure that there is effective management and maintenance of communal infrastructure.

10. That an updated protected species survey shall be submitted to, and approved in writing by the Planning Authority, if the existing survey is over 12 months old prior to the start of residential conversion works.

Reason: In the interests of nature conservation by ensuring that no protected species are adversely affected by the proposed development.

11. That access into the site shall be surfaced for a minimum of the first 15 metres and shall be defined from the public road by a delineating kerb; in this respect before the development hereby permitted starts amended access details shall be submitted to, and approved in writing by, the Planning Authority.

Reason: In the interests of road safety by ensuring that two vehicles can pass on the access road.

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

Reason: In the interests of road safety by ensuring that there is an appropriate parking and manoeuvring area.

13. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in "The Scottish Building Standards: Technical Handbook: Domestic" issued in May 2005.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

14. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

32 15. That the SUDS compliant surface water drainage scheme approved in terms of Condition 14 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution

16. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

17. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Backaround PaDers:

Represen tat ion Letters No letters of representation received.

Consultation Responses: Memo from Traffic & Transportation received on 24'h August 2010. Memo from Greenspaces Services received on 8'h February 201 1 and email of 26'h April 201 1.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 6181 24

Report Date: 5'h May 201 1

33 APPLICATION NO. 10/00456/FUL

REPORT

1. Site Description

1.I The applicant proposes the conversion and extension of existing farm buildings to form 3 dwellinghouses and a replacement dwellinghouse at Rushyhill Farm steading. The steading is in a rural location west of Auchinloch and east of Bishopbriggs. It comprises an existing dwelling, redundant outbuildings and two large agricultural sheds. The latter sheds are leased to farmers in the area and currently house livestock. The steading buildings sit on a hill and are conspicuous features on the landscape. Rushyhill is not an operational farm.

2. Proposed Development

2.1 The application is for the conversion of three stone farm buildings into dwellinghouses and the construction of a replacement for the existing dwellinghouse. All converted dwellings have 3 bedrooms and are finished in slate with a render over existing stone walls. An extension is proposed to the smaller of the converted buildings in order to provide additional living accommodation. The proposed replacement dwelling has a simple traditional rural style design and is finished in slate and render. The two large agricultural sheds that are leased to farmers are to be removed to make way for garden ground for the dwellings. The applicant has confirmed that the existing farm stock will be relocated to other existing sheds within the estate prior to the works commencing and there will be no requirement to provide new sheds to accommodate the relocated animals.

3. Applicant's Supportinn Information

3.1 No supporting statement has been submitted with the application. A Protected Species Survey was submitted which concluded that there is no evidence of bat roosting found in the Rushyhill Farm buildings.

4. Site History

4.1 The application site was the subject of a previous planning application for the conversion and extension of existing farm buildings to form 3 dwellings and construction of replacement dwelling (101000801FUL) which was withdrawn on 16'h March 201 0

5. Development Plan

5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

Northern Corridor Local Plan 2005

0 Policy ENV 5 states that the site is within the Greenbelt where there will be a presumption against new residential development unless it is shown to be necessary in the direct interests of agriculture, forestry, or other uses appropriate to a rural area. 0 Policy ENV 6 states that there will be a presumption against replacement dwellings where the original dwelling is considered by the Council to contribute positively to landscape character and local distinctiveness through characteristics such as design, vernacular character, or historical significance. The new dwelling should be built with regard to national design guidance such as PAN 73 (Housing in the Countryside). 0 Policy ENV 7 supports the restoration and renovation of existing redundant buildinas that are of some vernacular interest to form buildinas for a use

34 considered appropriate by the Council provided the external walls are substantially complete and the buildings are no longer capable of reasonably beneficial use for the purpose of which they were designed or last used.

6. Consultations

6.1 A summary of comments from consultees are as follows:

1. Traffic & Transportation have commented that developments with three or more dwellings should be served by a road to an adoptable standard which includes a 5.5m wide carriageway, 2 x 2m wide footways or service verges and appropriate turning facilities. It would appear from the drawings proved that this cannot be achieved within the application boundary. The existing access shown is approximately 5m wide. It is recommended that the application is refused. ii. Greenspace Services have commented that they have no objection to the development subject to habitat requirements relating to Barn Owls and Swallows.

7.

7.1 Following the standard neighbour notification process and press advert, there have been no representations received.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland Act) 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 Develomnent Plan - Northern Corridor Local Plan 2005: The site is located within land zoned as Green Belt of which policy ENV 5 will apply. ENV 5 does not support new build housing in the Green Belt, however with policy ENV 6 (Replacement Dwellinghouses) there is a general presumption against replacement dwellings except in circumstances where the existing dwelling is not architecturally or historically significant. The design of the existing dwellinghouse is basic and, as such, the policy supports the demolition of the dwelling and its replacement by the well designed proposed dwellinghouse.

8.3 Policy ENV 7 (Conversion of Buildings): The agricultural buildings are currently redundant. The submitted plans illustrate the majority of the full steading buildings walls as corrugated iron or wood which are not considered capable of or worthy of conversion and will be demolished. However, the three stone agricultural buildings proposed for conversion are attractive and simple rural buildings which are worthy of retention. The proposed inserted fenestration is considered to strike an acceptable balance between retaining the simple attractive qualities of the buildings and allowing them to be effective as dwellinghouses. The proposal is considered to be in accordance with this policy.

8.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: Policy NBE3A of the Finalised Draft North Lanarkshire Local plan is a material planning consideration in this case. This policy seeks to protect the character of the Green Belt through restricting development to acceptable types. Similarly to policy ENV 7 above, this policy only supports development in the Green Belt when it is necessary for agriculture, forestry, or other uses appropriate to a rural area. The policy also only supports conversion of redundant outbuildings where the buildings are no longer reasonable capable for their original use, they are of vernacular interest and the development would not lead to effective demolition and reconstruction. For the

35 reasons covered above, it is considered that the proposal is acceptable and complies with the draft local plan.

8.5 Character and Amenity of Site: The rural location and openness of the site means that any unsympathetic development will result in an adverse impact on the area. The proposed residential renovation of three simple and attractive rural buildings and replacement dwelling will result in an improvement and will be sympathetic to the rural setting of this application site.

8.6 Previous Application: The previous application was being recommended for refusal prior to the application being withdrawn. The previous proposal involved the formation of three dwellings on the footprint of existing outbuildings without appropriate justification. However, as discussed above, the current proposal differs from the previous scheme in that it involves the conversion of three attractive stone agricultural buildings.

8.7 Consultations: Traffic & Transportation’s recommendations concerning adoptable standards have to be weighed against maintaining the rural environment and the relatively low level of traffic that would be associated with the development. In this case not all recommendations are considered appropriate due to the low amount of residential car journeys from the site and the impact that forming the recommended road upgrade, footways etc would have on existing vegetation and field boundaries. It is noted that in its current form the access allows two vehicles to pass. Conditions requiring further details of access specifications and parking areas are recommended. With respect to the comments made by Greenspace Services relating to Barn Owls and Swallows habitat, an advisory note bringing this the attention of the applicant is recommended to be attached to the decision notice.

9. Conclusions

9.1 The proposed residential conversion of three farm building and replacement dwelling would comply with Development Plan Policy and would not adversely impact on the character of the Green Belt. Taking account of these matters, it is recommended that planning permission be granted.

36 Application No: Proposed Development:

10/00981/PPP Development of Residential Care Home and Supermarket

Site Address:

Land South Of Klondike Court New Stevenston Motherwell

Date Registered:

2nd September 201 0

Applicant: Agent: Robertson Homes Ltd Muir Smith Evans Robertson House Brian Muir Castle Business Park 203 Bath Street Stirling Glasgow FK9 4TZ G2 4HZ

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 7 Motherwell North Three letters of representation in support Councillors Annita McAuley, Helen McKenna, received. Peter Nolan & Gordon Stewart

Recommendation: Refuse

Reasoned Justification:

The proposed development is not considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the proposed supermarket will adversely affect the vitality and viability of Motherwell and Town Centres and the nearby Secondary, Village and Neighbourhood Commercial Areas at Lid1 and Carfin Neighbourhood Centre.

37 Produced by kbrth Lanarkshire Coundl Development of Residential Care Home and Planning and 6miranment kpartmnt, Supermarket

Land South Of, Klondike Court, New Stevenston, Mot hemell *I01898 274274pJ * Representation Cx 01698 403053 1Q Recommendation: Refuse for the Following Reason:-

1. The proposed development is considered contrary to Policies RTLI (Retail Development and RTL4 (Assessing Applications for Retail Development) in the Southern Area Local Plan 2008, Policy HCF2 AI (Sites for Short Term Housing Development) and RTC3A (Assessing Retail and Town Centre Development) of the Finalised Draft North Lanarkshire Local Plan and Scottish Planning Policy in that the proposed supermarket would result in a significant adverse impact upon the vitality and viability of Motherwell and Bellshill Town Centres and the Secondary, Village and Neighbourhood Commercial Areas at Carfin Lid1 and Carfin Neighbourhood Centre.

39 Background PaDers:

Representation Letters

Letter from Mrs Carole Hendry, Clo Community Council, 16 Townhead Drive, Newarthill received 18thApril 201 1 Letter from Duncan McLeod, Bellshill Community Council, 17 Kenilworth Crescent, Bellshill received 3" February 201 1. Letter from Michael McMahon MSP, Parliamentary Advice Office, 188 Main Street, Bellshill received 14'h March 201 1

Consultation Responses:

Memo from Transportation received gthNovember 201 0 AND gthMay 201 1. Memos from Protective Services received 23" September 2010 and 17'h November 2010. Memo from Land Services (Greensp;ce) received 1gth October 201 0. Letter from Network Rail received 23 September 201 0. Letter from SPT received 15'h September and 5'h October 201 0. Letter from SEPA received 17'h September and 14'h October 201 0 Letter from Scottish Water received 15th September 2010. Letter from Scottish Gas Networks received 23" September 2010. Letters from Scottish Power Energy Networks received 20thSeptember and 18'h November 2010.

Contact Information:

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01 698 2741 12

Report Date:

13th May 201 1

40 APPLICATION NO. 10/00981/PPP

REPORT

1. Site Description

1 .I The application site measures approximately 1.55 hectares and comprises of open grassland and mature vegetation with a treebelt along the northeast, east and southern boundaries of the site. The site is bounded by Loanhead Road to the north with housing beyond, a railway line and watercourse to the south, mature vegetation and trees to the east and north east with the A723 beyond ,and a footpath to the west which leads to a railway footbridge. It should be noted that the watercourse to the south (Loanhead Burn) continues along the eastern boundary of the site and then under the A723 via an existing culvert. There are a number of existing underground sewers which traverse the site in a west to east direction. The site is undulating and slopes in a north west to south east direction. There is currently an informal access to the site from Loanhead Road and a small tarmac surfaced area within the central part of the site which was formerly used for a sales cabin by the applicant in relation to their adjacent eastern housing site.

2. Proposed Development

2.1 Planning permission in principle is sought for a mixed use development comprising of a supermarket and care home. An indicative layout has been submitted showing an 1800 square metre (gross floor area) supermarket with associated service yard on the western part of the site and a 60 bedroom care home located to the east. There would be dedicated car parking areas for each use. The applicant proposes to construct two new access roads from Loanhead Road, one of which would be from the eastern part of the site with an internal mini-roundabout to serve both the supermarket and care home and a service access for the supermarket at the western part.

2.2 The applicant has indicated that the proposed supermarket would create 120 jobs (40% full-time) and the care home would create 70 full-time jobs and a majority of those employed would be from the local community.

3. Applicant's Sumortinn Information

3.1 The applicant has submitted the following documents in support of their application.

0 Planning and Retail Statement 0 Additional Retail Statement 0 Noise Impact Assessment 0 Drainage and Flood Risk Assessment 0 Transport Assessment 0 Protected Species Survey Supporting Comments (contained within Emails)

4. Site Historv

4.1 In 1'' March 2006, planning application (Ref. 05/00302/FUL) for the construction of 128 detached houses was granted and this application also covered a site on the eastern side of the A723 (Carfin - Holytown link road). The land to the east of the A723 is currently under construction, with some houses now occupied. An amendment application (Ref. S/06/01026/AMD) was granted on 1' December 2006 for the repositioning of the play area, creation of a SUDS pond and substitution of various housetypes.

41 5. Development Plan

5.1 The site is zoned under Policy HSG2.0199B (Private Housing Development Opportunities) in the Southern Area Local Plan 2008.

5.2 The site is covered by Policy HCF2 AI (Sites for Short Term Housing Development) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 A summary of comments from the consultees are as follows:

Transportation has no objections to the proposed development subject to conditions relating to the reorientation of the proposed store entrance to face towards the parking area to discourage on street parking. They also note that the applicant would require to liaise with the Council’s Roads and Structures Design Team relating to the location of the flood compensatory storage area and the diversion of sewers within the site. Protective Services has advised that they agree with the findings of the submitted noise impact assessment. Land Services (Greenspace) have reviewed the submitted protected species survey and agree with its findings that no species are present on site. They have recommended that a further survey should be undertaken if 6 months passes between the survey period and commencement of the development. They have no objection to the proposals subject to conditions relating to protected species, ecological requirements and landscaping. Scottish Water has advised that their waste water network (Balmore Water Treatment Works) is currently able to accommodate the new demand however there is limited capacity available for new demand. SEPA has no objection to the proposed development subject to a compensatory storage area being maintained in perpetuity as the proposed flood management proposals comprise of engineering works to raise the existing site levels. They have commented that the compensatory storage provided is required due to the loss of floodplain and should be a direct replacement in terms of volume of land involved. SP Energy Networks and Scotland Gas Networks have no objections to the proposal subject to the development not affecting their apparatus. SPT has requested that consideration is given to the provision of a dedicated pedestrian route from Loanhead Road for access to the care home and a clearly marked pedestrian route for customers in the supermarket car park. They also recommend provision for sheltered cycle parking at the supermarket and care home. They note that the local bus services do not stop near the site and in view of this they recommend that the internal layout is altered to allow a MyBus service to enter the site for people who have difficulty using standard bus services. Network Rail has no objections to the proposed development subject to the line side access adjacent to the south west corner of the site remaining clear and is not obstructed by any fencing.

7. Rewesentations

7.1 Three letters of representation have been received in support of this application following the neighbour notification procedure and press advertisement. The parties and grounds for support are:

0 Michael McMahon MSP: The proposed development will provide new amenities which promote the regeneration of the local area by creating new jobs which are beneficial to the local economy. The proposed care home will also allow local people to stay within their own community rather than leave

42 to live in other facilities elsewhere. 0 Bellshill Community Council: The proposed supermarket and care home will benefit the local community by creating new jobs which will be an advantage to the local economy. 0 Newarthill Community Council: The proposed development would create jobs for the local area.

8. Planninn Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned under Policy HSG2.0199B (Private Housing Development Opportunities) in the Southern Area Local Plan 2008. Policies HSG7 (Established Housing Areas), HSG9 (Assessing Applications for Housing Development), RTLl (Retail Development), RTL4 (Assessing Applications for Retail Development), TRI 3 (Assessing the Transport Implications of Development), ENV5 (Assessment of Environmental Impact) and ENV9 (Flooding) are also relevant to this application.

Development Plan:

8.2 In view of the site history including approved housing at this location, the principle of the residential development at this location has therefore been established. As such the care home element accords with Policy HSG2 however the remainder of the development is contrary to this policy.

8.3 Policy HSG7 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 existing established housing areas. In this instance, there is an existing residential area to the north (Klondike Court, Atlin Drive and Laberge Gardens). In view of the previous approval for residential use at this site, it is accepted that the principle of development at this location has been established. It is considered that there would be no significant adverse impacts on the character and amenity of the adjacent housing estate. With regard to visual impact and landscaping, these elements can be addressed in any matters specified in conditions application. Matters relating to noise are discussed at paragraph 8.8 below. It is therefore considered that the proposal complies with Policy HSG7.

8.4 Policy HSG 9 sets out criteria when considering planning applications for residential developments including the impact of the proposal on the character and amenity of the surrounding area as well as detailed design matters. The site is located within a predominantly residential location with housing lying to the north and to the east of the A723. In view of this, it is considered that a care home would be in keeping with the established residential area and the proposal would provide an additional residential facility for the local area. As this application seeks planning permission in principle, design details and site layout would be assessed through a matters specified in conditions application. Planning conditions can be proposed to ensure that any development approved meets the Council’s requirements in terms of design and the impact on the surrounding area. It is therefore considered that the proposed care home would accord in principle with Policy HSG 9.

8.5 Policy RTL 1 (Retail Development) seeks to enhance retail provision within the Plan Area by directing lesser retail developments under 2000 square metres to town centres, village, neighbourhood and secondary commercial areas and to areas of major industrial/business and housing development. The retail development will only be permitted where such provision is supported by an appropriate catchment population, is compatible with adjoining uses and does not undermine the vitality and viability of existing Town, Village, Neighbourhood and Secondary commercial areas. The application site is located outwith any of the above listed commercial areas and

43 in principle does not comply with Policy RTLl. Proposals for development require to be assessed against the detailed criteria contained in Policy RTL4.

8.6 Policy RTL4 lists a set of criteria for assessing retail developments and in this case the relevant criteria includes whether the proposal could be supported by the appropriate catchment population, effect on the vitality and viability of existing shopping centres, the extent to which proposals would be accessible to public transport, the impacts upon travel patterns by motor car, suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment, design details and access for pedestrians and provision for vehicular access, parking and pedestrian safety. This policy also required a Retail Impact Assessment to be submitted to allow assessment of the impact of the proposals upon Town Centres, Secondary, Village and Neighbourhood Commercial Areas, either individually or cumulatively, this is discussed in detail at paragraph 8.7 below. It is considered that the proposed development could be suitably accommodated within the site and would not be detrimental to the character and amenity of the area; this is expanded upon in paragraph 8.8 below. Turning to design details, this element would be covered in any subsequent matters specified in conditions application.

8.7 In assessing the retail impact of the proposal, the retail impact assessment (RIA) identified a catchment population largely based upon an area to the north of the adjacent railway line and a largely residential area subject to recent planning permissions for further housing developments. The catchment population proposed includes Holytown, New Stevenston and Newarthill. The RIA assesses the proposed supermarket at this location in terms of its impact on town and local centres and trade diversion from other stores. The RIA concludes that 75% of the new store turnover will draw from Motherwell and Bellshill, both of which are safeguarded town centres in the Local Plan Area. With regard to trade diversion, the assessment showed the following impact figures: Carfin Lid1 (16%), Tesco Express (14.3%) at Carfin Neighbourhood Centre, Asda in Motherwell Town Centre (10%) and Morrison’s in Bellshill (14.1%). It is considered that these figures are significant, particularly as they demonstrate impacts on the town centres and designated secondary, village and neighbourhood commercial areas. The figures do not include Tesco Bellshill however it was assumed that this was not possible as the data contained in retail surveys for this assessment was collected prior to this store commencing trading. However the trade draw figure from Bellshill Morrison’s is assumed to effectively cover both Morrison’s and Tesco in Bellshill. In terms of the remaining 25% of the new store turnover, this will be achieved through trade draw from local stores, including Carfin Lid1 and Tesco Express, both of these stores will be subject to significant impacts and are zoned under Policy RTL6 as designated secondary, village and neighbourhood commercial areas. Based upon the figures presented in the submitted RIA, it is considered that there would be an unacceptable adverse impact upon two town centres and two nearby secondary, village and neighbourhood commercial areas. In addition to the impact figures, it is considered that the proposed development cannot be supported by an appropriate catchment population, particularly as the applicant has identified a geographical catchment based upon physical barriers such as the railway line and predicted population through medium-term housing developments. Such a catchment is unlikely to represent reality. The proposed catchment area is largely based upon recent permissions for housing developments within this local area and the application site is located within the centre of this geographical area. It is considered that there is no reasonable foundation for the location of this catchment area. Matters relating to transportation issues are discussed at paragraph 8.1 0 below. Taking account of the above, it is considered that the proposed supermarket is contrary to Policies RTLl and RTL4.

8.8 With regard to assessing the environmental impact of the proposed development, Policy ENV5 applies. This policy addresses the likely impact a development may have on the environment by considering the following relevant criteria: suitability of a proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution, flooding

44 risk and interference and loss of natural habitats and protected species. In view of the previous planning permission, the principle of development of this site has already been accepted albeit the current application proposed two alternative uses. Protective Services have reviewed the submitted noise impact assessment and have agreed with its findings subject to planning conditions restricting trading hours and service delivery hours to minimise the impact on the residential properties to the north. As no details have been submitted showing the design of the proposed supermarket, it is not possible to fully assess the landscape and visual impact of the proposal at this stage. However planning conditions relating to a detailed landscaping scheme and further assessment following submission of the matters specified in conditions application would suitably address this matter. Land Services (Greenspace) are satisfied with the findings of the protected species report and planning conditions could be imposed as requested. Matters relating to flooding and drainage and transportation are discussed in paragraphs 8.9 and 8.10 below. Taking account of the above, it is considered that the proposal complies with Policy ENV5.

8.9 With regard to flood risk, Policy ENVS (Flooding) seeks that applicants submit a statement showing measures to ameliorate the effects of flooding both within the site and on adjacent land. In this case the applicant has submitted a flood risk and drainage impact assessment which has evaluated any flood risk arising from the watercourse which lies to the south of the application site. The submitted assessment notes that the proposed indicative layout has been carefully designed to take account of the existing hydrological regime of the area, to ensure that the development itself and surrounding area is not subject to an increased risk of flooding. The flood risk assessment has recommended mitigation measures regarding proposed finished ground levels and compensatory flood water storage area for the loss of land which is arising from the proposed scheme. Following consultations with SEPA, they have requested that a compensatory storage area is provided in perpetuity and the applicant has confirmed that this can be achieved through water channel regrading works and the provision of adequate land within the site itself for this purpose. In the existing underground sewers within the site, the applicant proposes to divert those to be outwith the areas of any foundations for proposed buildings. The diversion of the sewers will require to be undertaken in consultation with the Council’s Roads and Structures Team and Scottish Water as they relate to drainage for the adjacent public road network. This matter can be addressed by way of suitable planning conditions. With regard to the treatment of surface water, the applicant proposes to discharge to the open watercourse to the south, with the run-off flows carefully managed to prevent any unnecessary flood risk. As this application is in principle only, the full design of the drainage system for this development would be assessed through the submission of a matters specified in conditions application. In view of the details submitted to date, should planning permission in principle be granted and the applicant’s Chartered Civil Engineer has independently certified the proposed scheme, it is considered that the proposed drainage and flood risk assessment is considered acceptable. It is therefore considered that the proposal is in accordance with Policy ENVS.

8.10 In terms of assessing the transport implications of this development, Policy TR13 is relevant. This policy requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation has no objections to the proposal subject to conditions relating to the proposed store layout and location of the proposed flood compensatory storage area. As detailed earlier in paragraph 8.9, matters relating to flooding and the diversion of existing underground sewers can be suitably addressed by planning conditions. In terms of the store layout, this element can be addressed in assessing the design details as part of any matters specified in conditions application. Taking account of the above comments, the proposal therefore complies with Policy TR13.

45 Finalised Draft North Lanarkshire Local Plan:

8.11 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is zoned as Policy HCF2 A1 (Sites for Short Term Housing Development). This policy supports the proposed residential development at this location subject to no adverse impacts on the surrounding properties. In terms of the proposed care home, the policy position remains unaltered from the adopted local plan.

8.12 The proposed supermarket requires to be assessed under the terms of Policy RTC3A which has a similar position as the adopted plan. Under this policy, as the proposed retail element is over 1000 square metres and is not within the identified Town Centre Network (covered by Policy RTCl), it is therefore contrary to this policy. The proposal requires to be assessed against the following criteria: Location of Development and Impact of Development. In terms of the location of the development, this requires assessment of the proposal against the sequential approach which is discussed in paragraph 8.14 below. Having assessed the retail impact of the proposal earlier in this report, it is considered that the proposal is likely to have a significant adverse impact upon the vitality and viability of the town centres and local centres and is thus considered contrary to Policy RTC3A.

Other Material Considerations:

8.13 Scottish Planning Policy outlines that where a proposed retail or commercial leisure development is contrary to the development plan, Planning Authorities should ensure that:

0 the sequential approach to site selection has been used; 0 there is no unacceptable individual or cumulative impact on the vitality and viability of the identified network of centres; 0 the proposal will help to meet qualitative and quantitative deficiencies identified in the development plan and, 0 the proposal does not conflict with other significant objectives of the development plan or other relevant strategy.

8.14 Sequential Approach: the applicant has not provided any supporting information with regard to the use of the sequential approach however the retail assessments note that the neighbourhoods of Mossend, Thankerton, New Stevenston, Holytown, Carfin, Newarthill, Chapelknowe and Cleland have evolved with no dominant centre or focal point for retailing. The applicant considers that the area has evolved with a dispersed convenience retailing network and this is reinforced by the convenience retailing located in areas which are not described as town centres. While the applicant is of the opinion that there are no identified centres, there are Secondary, Village and Neighbourhood Commercial Areas covered under Policy RTL6 of the Southern Area Local Plan. These local centres contain the convenience retailing to serve the settlements noted above. Furthermore, the applicant has failed to note that there is a vacant site adjacent to the Carfin Neighbourhood Centre to the south which is zoned within Policy RTL6. The applicant has failed to demonstrate why this site is not suitable for the proposed development. The proposal therefore cannot be justified against the sequential approach.

8.15 Impact on Vitality and Viability of the Identified Network of Centres: As detailed in paragraphs 8.5 to 8.7, the proposed development will have an adverse impact upon the vitality and viability of Bellshill and Motherwell town centres and the nearby local centres at Carfin Neighbourhood Centre and Lidl, Carfin.

8.16 Qualitative and Quantitative Deficiencies: The applicant considers that there is a deficit in convenience retailing within the identified catchment area. Based upon the retail information provided, it is clear that even following the construction of the

46 proposed supermarket, there would still be a significant impact on two town centres and local centres. It is therefore considered that there is not significant justification based on such deficiencies.

8.1 7 Other Significant Objectives of the Development Plan or Other Relevant Strategy: There are no other significant objectives contained in the development plan or other relevant strategies.

8.18 Based upon the position detailed above and taking paragraphs 8.5 to 8.8, 8.11 and 8.12 into account with regard to the proposal being contrary to the retail policies contained in the Southern Area Local Plan and FDNLLP, the proposed development is also considered contrary to Scottish Planning Policy.

8.19 With regard to applicant's supporting case, they consider that the proposed supermarket is acceptable for the following reasons:

I. The proposed supermarket is of an appropriate scale in relation to the catchment population and in relation to the current existing convenience retailing facilities within the catchment and poses no risk to the vitality and viability of an policy protected centre or existing retail operator in the catchment; II. The proposed supermarket will provide a proper, modern local supermarket to the area reducing the need for shoppers to travel to major superstores in Motherwell and Bellshill. The store would operate in a different segment market to the local stores in the catchment area; Ill. Public transport is readily accessible nearby; IV. The proposed development would be well contained within the site and would complement the character and amenity of the surrounding environment and the adjoining properties; V. Detailed design and access matters will be dealt with at a later stage; VI. Appropriate provision for access, parking, pedestrian safety and traffic circulation will be provided; VII. The development would have a positive effect on prospective house purchasers; VIII. The proposal would provide investment, 190 jobs for the local community and boost the local economy which are justifiable reasons to outweigh the development plan policy position; IX. No other retailer has objected to the application; X. There is explicit community support for the development which has been submitted in writing.

8.20 The agents comments regarding risk and impact are not accepted. The impact of the proposed supermarket will not be confined to the artificial catchment area proposed by the applicants. The RIA in fact reflects that there will be a significant adverse impact upon existing policy protected retailing areas. There is no guarantee who the eventual operator would be nor that they would operate in a different market segment, even if they did this is unlikely to affect the findings of the RIA. It is accepted that the development could, subject to conditions, be accommodated without any adverse impact upon the character or amenity of the area or road network. The points raised regarding the potential impact upon house purchasers, possible job creation, lack of objections from other retailers and the letters of support that have been submitted above are noted but do not justify a departure from approved development plan policies and Scottish Executive planning policy on retailing. For the reasons detailed in paragraphs 8.5 to 8.7, 8.1 1 to 8.13, the proposal does not comply with the relevant policies. It is accepted that the local community to the north of the site would not require to travel significantly to a local facility; however there are local retail facilities only 300 metres to the south of the site. It is considered that the potential provision of a significant number of new jobs and an additional retail unit in the area is not a sianificant material consideration to iustifv a deDarture from

47 the development plan policies. It should be noted that any new jobs created may be at the expense of existing jobs elsewhere given the predicted significant adverse impact upon the existing retail network. It is considered that the case made in support of the application does not outweigh the benefits of adhering to approved policies and does not justify a departure from such policies.

Consultations:

8.21 Should the Committee be minded to approve this application, planning conditions would require to be imposed to cover matters raised by Transportation, Protective Services, Network Rail, SEPA and Scottish Water. These conditions would require to cover noise mitigation measures, the submission of a site investigation report, a scheme of ecological works comprising tree retention and protection, a detailed SUDS scheme, diversion of sewers and a further protected species survey.

Revesentations:

8.22 It is noted that the three parties are in support of the proposal with regards to the potential economic benefit to the local economy through job creation and new amenities to serve the local community. Nonetheless, as indicated earlier in this report, the economic benefit of this development would not outweigh the development plan policy position given the adverse impact likely to occur at other local centres.

9. Conclusions

9.1 In conclusion and drawing all of the above factors into account, while the proposed care home complies with development plan policies, the proposed supermarket does not comply with the relevant policies of the Southern Area Local Plan and Finalised Draft North Lanarkshire Local Plan nor Scottish Executive policy guidance. The supermarket development proposed is unacceptable as it would have a significant adverse impact upon existing designated town centres and secondary and village retailing centres. Notwithstanding the letters of support received in relation to job creation and boosts to the local economy, in this instance the economic benefit on its own merits is not a significant material consideration nor sufficient to outweigh development plan policies and as such it is recommended that planning permission in principle be refused.

48 Application No: Proposed Development:

10/01228/FUL Erection of 14 dwellinghouses and 4 flats with associated access

Site Address:

Land Adjacent To Lawson Avenue Motherwel I

Date Registered:

8th November 201 0

Applicant: Agent: Kiltane Developments Ltd G D Lodge Architects 1st Floor, Empire House 67 George Street 131 West Nile Street Edinburgh Glasgow EH2 2JG G1 2RX

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 018 Motherwell South East And 69 letters of representation received. Kaye Harmon, Thomas Lunny, Linsey McKay, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009. The design and layout of the development and impact upon the surrounding area are considered to be acceptable.

49 Produced by urn oepennbsbior krth Idnarkshire Council Planning and hwronment &partrent, Qdiaim SIU~~Q~behar Erection of 20 Dwellinghouses and Associated dthe Gcrtalk rd tk r LBlervr smtbie ry OM. oc rm t A~~~~~ wruht uiaroorked aprodrcmi Itlfligc$ clout Land Adjacent Lawson Avenue, Motherwell. wrghtard may badto To A pmse cimi orcu II ploaedligs. mth Lat am$ hire eo Itcii immms 2m8 Representation Site Srea = 0.88 ha. tel01898 274274v * trx 01898 403053 50 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

3. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

4. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped: PL-201, PL- 202, PL-203, PL-204, PL205, PL-206, PL-207, PL-208, PL-209, PL-21O, PL-211, PL- 21 2, PL-213

Reason: To clarify the drawings on which this approval of permission is founded.

5. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement the materials to be used shall be dark grey coloured roof tiles and neutral coloured smooth render and stone incorporating architectural detailing as shown on the approved plans.

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

6. 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. Notwithstanding this requirement a combination of dwarf wall and close boarded fence shall be erected on the boundary marked blue on plots 1 and 18 on drawing PL-203.

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

7. That BEFORE any of the dwellings hereby permitted are occupied, the fences/ walls as approved under the terms of Condition 6 above, shall be completed to the satisfaction of the Planning Authority.

Reason: To safeguard the residential amenity of the area.

8. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the

51 investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents.

9. That any remediation works identified by the site investigation report required in terms of Condition 8 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the houses hereby approved. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure the site is free of contamination in the interests of the amenity of future residents

10. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

11. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

12. That the SUDS compliant surface water drainage scheme approved in terms of Condition (1 1) shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before any of the houses hereby approved are occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance prior to the occupation of the first dwellinghouse.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

13. That BEFORE the development hereby permitted starts, a scheme of landscaping for the areas coloured GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt this will include planting of trees along the southern boundary. (c) a timetable for the completion of these works contemporaneously with the development and prior to the occupation of the last house within the site.

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

14. That all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 13, above, shall be completed in accordance with the approved time table and before the last house hereby permitted is occupied 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

52 and species.

Reason: In the interests of the visual amenity of the area and to maximise bio-diversity.

15. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed grassed, planted and landscaped areas coloured GREEN; on the approved plans; (b) parking areas and private access road; (c) the proposed fences/walls. (d) a timetable for the implementation of the scheme contemporaneously with the development.

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

16. That the management and maintenance scheme approved under the terms of condition 15 shall be implemented in accordance with the approved timetable and shall be fully in operation before the last of the houses hereby permitted is occupied.

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

17. That BEFORE any of the dwellings hereby permitted are occupied all of 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 satisfactory vehicular and pedestrian access facilities to the dwellings.

18. That BEFORE any of the houses hereby permitted are occupied, access from Lawson Avenue shall be constructed to a 5.5 metre (maximum) drop kerb footway arrangement and the existing dropped kerb access shall be reinstated to the satisfaction of the Planning Authority.

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

19. That none of the trees partly or wholly within the site shall be lopped, topped, felled, or otherwise affected, without the prior written consent of the Planning Authority.

Reason: To safeguard the amenity of the area

20. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standards BS 5837, shall be erected along the drip line of the trees, as identified on the plans marked PL-202, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the area of woodland within the site.

21. That BEFORE the development hereby permitted starts, a Badger Protection Plan addressing the protection of Badgers, Badger Setts and access to their foraging ground, shall be submitted to and approved in writing by the Planning Authority in conjunction with SNH. All approved mitigation works shall be carried out to the satisfaction of the Planning Authority and SNH prior to works starting on the site.

Reason: In the interests of nature conservation and for the protection of Badgers and their safe access to foraging grounds.

53 22. That should 6 months or more elapse between the timing of the initial ecological surveys dated January 201 1 hereby approved, and development commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation or protection of any protected species, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

23. That prior to the commencement of development on site, details of external bat/bird nest boxes to be provided in nearby mature trees and their positions shall be submitted to and approved in writing by the Planning Authority.

Reason: To secure the long-term protection of the species.

24. That BEFORE any of the dwellings hereby permitted are occupied, the nest boxes as approved under the terms of Condition 23 above, shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of nature conservation.

54 Background PaDers:

Representation Letters

Letter and email from Mr & Mrs S Verrecchia, 11 Lawson Avenue, Motherwell, North Lanarkshire received 31 '' December and gth May 201 1 Letter from Kenneth & Karon Hamilton K, 9 Lawson Avenue, Motherwell, North Lanarkshire received 6'h January 201 1 Letter from Deborah Winter, 8 Lawson Avenue, Motherwell, North Lanarkshire received 31'' December 2010 Letter from Mrs Moore, 7 Lawson Avenue, Motherwell, North Lanarkshire received 31'' December 2010 Letter from Mr A Middleton, 73 North Lodge Avenue, Motherwell, MLI 2SB received 2!jth November 2010 Letter from Mr & Mrs Keenan, 4 Lawson Avenue, Motherwell, MLI 2RH received 31" December 2010 2 Letters from Mrs Jean T Cullen 83 North Lodge Avenue, MLI 2SB received lgth November 2010 and 27'h April 201 1 Letter from P & K McGrough, 3 Lawson Avenue, Motherwell, MLI 2RH received 31" December 2010 Letter from Anthony Verrecchia, 8 Cherry Walk, Motherwell, MI1 2QP received 31" December 2010 Letter from Mr K Nelson, 10 Lawson Avenue, Motherwell, ML1 2RH received 31" December 2010 1 letter and 1 online comment from Mr Stephen O'Mara, 12 Lawson Avenue, Motherwell, MLI 2RH received 28'h November 201 0 and 31'' December. 2 Letters from Mr J Milligan, 5 John Murray court, Motherwell, ML12QW received 31'' December 2010 and 28'h January 201 1 Online comment from Gordon Milligan, 5 John Murray Court, Motherwell, MLI 2QW 1 letter, 1 email and 2 online comments from Mr lan Miller, 7 John Murray Court, Motherwell, MLI 2QW received 15'h and 18'h November 201 0 and 12'h January 201 1 1 letter and 1 online comment from Mr Jim Scott, 2, Cherry walk, Motherwell received 24'h November 2010 and 31'' December Online comment from Species Protection Officer Scottish Badgers lan Hutchison, 13 Eddie Avenue, Brechin, DD9 6YD received 7'h December 201 0 2 Letters from S M Duguid, 88 North Lodge Avenue, Motherwell, North Lanarkshire received 12'h January 201 1 and 25'h November. Letter from David Lindsay, 19 John Murray Court, Motherwell received 12'h January 201 1 Letter from Thomas Alexander, 15 John Murray Court, Motherwell, MLI 2QW received 12'h January 201 1 1 Letter and 1 online comment from Andrea Lynch, 22 John Murray Court, Motherwell, MLI 2QW received 12th January 201 1 Letter from Mr G Dempsey, 16 Lime Grove, Motherwell, ML1 2SW received 12'h January 201 1 Letter from Mr Hugh Redfern, 12 Cherry Walk, Motherwell, MLI 2QP received 12'h January 201 1 Letter from Paul Byrne, 8 Almond Way, Motherwell, MLI 2SP received 12'h January 201 1 Letter from Rudy Coia, 6 Hazel Gardens, Motherwell, ML1 2SN received 12'h January 201 1 Letter from Robert Steel, 4 Almond Way, Motherwell, ML1 2SP received 12'h JanuaT 201 1 Letter from Mrs lsobel Blair, 10 Ferguson Drive, Motherwell, MII 2RG received 12 January 201 1 Letter from Andy Jack, 4 Ferguson Drive, Motherwell, North Lanarkshire received 12'h January 201 1 Letter from Stephen & Pamela Whitelock, 5 Ferguson Drive, Motherwell, MLI 2RG received 12th January 201 1 Letter from lsabel & Joe Green, 13 Ferguson Drive, Motherwell, North Lanarkshire received 12'h January 201 1 Letter from William Sanders, 1 Ferguson Drive, Motherwell, North Lanarkshire received 12'h January 201 1 Letter from Mr & Mrs K Kelly, 6 Ferguson Drive, Motherwell, North Lanarkshire received 12'h

55 January 201 1 Letter from R & P Clinnie, 2 Ferguson Drive, Motherwell, MLI 2RG received 12'h January 201 1 Letter from James & Arvon McGuire, 11 Ferguson Drive, Motherwell, MLI 2RG received 12'h January 201 1 Letter from Linda Watters, 5 Lime Grove, Motherwell, ML1 2SW received 12'h January 201 1 Letter from Owner/Occupier, 17 Ferguson Drive, Motherwell, MLI 2RG received 12'h January 201 1 Letter from Owner/Occupier, 8 Lime Grove, Motherwell, MLI 2SW (rec: 12" Jan) Letter from Mr Albert Winter, 1 Lawson Avenue, Motherwell, ML1 2RH received 31'' December 2010 Letter from Mr Stewart Gormley, 6 Cherry Walk, Motherwell, ML1 2QP received 31" December 2010 Letter from Mr & Mrs T Connelly, 4 Cherry Walk, Motherwell, MLI 2QR received 31'' December 2010 Letter from Mr A Malcolm, 3 Cherry Walk, Motherwell, MII 2QD received 31" December 2010 Letter from Mr & Mrs S Ralston, 5 Lawson Avenue, Motherwell, MLI 2RH received 31" December 2010 Letter from Elspeth & Helen L Rennie, 75 North Lodge Avenue, Motherwell, ML1 2SB received 30th November 201 0 Letter from Mr & Mrs Edward Keenan, 69 North Lodge Avenue, Motherwell, ML1 2SB received 13'h December 2010 Letter from G M Ellis, 19 Ferguson Drive, Motherwell, ML1 2RS received 28'h January 2011 Letter from J & L Irvine, 9 Ferguson Drive, Motherwell, ML1 2RG received 28'h January 201 1 Letter from Ronnie & Ellen Close, 9 Lime Grove, Motherwell, ML1 2SW received 28'h January 201 1 Letter from J McMurray, 4 Hazel Gardens, North Lodge, Motherwell, ML1 2SN received 28'h January 201 1 Letter from J Milligan, 5 John Murray Court, Motherwell, ML1 2QW received 28'h January 201 1 Letter from Tom Nicholson, 13 John Murray Court, Motherwell received 28'h January 201 1 Letter from Jessie R Thomson, 11 John Murray Court, Motherwell received 28'h January 201 1 Letter from Mr & Mrs D Blevins, 26 John Murray Court, Motherwell, ML1 2QW received 28'h January 201 1 Letter from Mrs D Dyas, 28 John Murray Court, Motherwell, ML1 2QW received 28'h January 201 1 Letter from J Pritchard, 19 John Murray Court, Motherwell received 28'h January 201 1 Letter from Pauline K Swanson, 2 John Murray Court, Motherwell, ML1 2QW received 28th January 201 1 Letter from John McMahon, 4 John Murray Court, Motherwell received 28'h January 201 1 Letter from Louise Brynes, 9 John Murray Court, Motherwell received 27'h April 201 1 1 anonymous online comment, no postal address 1 online comment from Jim Milligan, no postal address 1 online comment from J M Ellis, no postal address

Letter from Councillor Alan Valentine, Civic Centre, Motherwell received 2ndDecember 2010

Consultation Responses:

Letter from RSPB received 27'h January 201 1 Memo from Protective Services received 24'h November 201 0 Letter from Scottish Water received 25'h November 2010 Letter from Scottish Gas Network received 24'h November 2010 Memo from Protective Services received 22"d November 201 0 Memo from Transportation received 2!jth November 201 0 Memos from Greenspaces received lothNovember 2010 & 1'' February 201 1

56 Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 27 4104

Report Date:

13th May 201 1

57 APPLICATION NO. 10/01228/FUL

REPORT

1. Site Description

1 .I The application site is approximately 0.75 hectares of open space with a tree belt along the eastern boundary and is currently overgrown and unmaintained. The site lies on the edge of the Clyde Valley, with Baron's Haugh bird sanctuary to the south and has playing fields to the north and established housing to the east and west. The site itself increases in height from the western boundary to the east and therefore sits slightly higher than the properties to either side due to the difference in ground levels. There is a gentle slope downwards towards the valley from north to south.

2. Proposed Development

2.1 Permission is sought for a courtyard residential development, accessed privately via Lawson Avenue containing 14 dwellings and 4 flats. The housing mix contains semi detached, terraced and a single block of cottage style flats with a mixture of 2 and 3 bedroom accommodation. The design of the dwellings proposed incorporates one and a half storey features such as dormer windows and coombed ceilings with a maximum height of 7.7 metres. The dwellings are to be located around the west, north and eastern boundaries of the site. A centrally located shared parking arrangement is proposed in a courtyard format containing 40 spaces. Following concerns over the initial scheme the applicant has amended the layout by reducing the amount of units, changing the site levels and height of those houses proposed and submitting further information in support of the proposal.

3. Applicant's Supportinn Information

3.1 The agent submitted an ecology survey including reports for bats, badgers and trees.

3.2 The agent also submitted a letter in support of the application which addresses points raised in objection by neighbouring properties. The letter concludes that the impact on the amenity of the area, height of dwellings proposed and visual impact is acceptable and that the development complies with local and national policy. They make comments on points raised relating to the access, ownership, parking and Lawson Avenue.

3.3 A density survey was submitted which compares the amount of dwellings per hectare in housing developments surrounding the site.

4. Site Historv

4.1 The principle of a residential development with access at this site was established when outline permission was granted on the 20th February 2001 (reference: 00/00175/0UT). An amendment to this permission was granted on the 6'h November 2002 that removed a condition restricting dwellings to single storey raising the height to one and a half storey (reference: 02/01 142/AMD). A reserved matters application for formation of access road was granted on the 22"' September 2003 (reference: 03/00924/REM) and, after the renewal of the outline consent on the 8'h September 2006 (reference: 06/00188/OUT), a reserved matters application for erection of 6 dwellinghouses with associated access road was granted on the 27'h November 2007 (07101 543/FUL).

5. Development Plan

5.1 The site is zoned as HSG 2 (Private Housing Development) in the Southern Area Local Plan 2008.

58 5.2 The site is designated as HCF 2 (Promoting Housing Development and Community Facilities) in the Finalised Draft North Lanarkshire Local Plan 2009,

6. Consultations

6.1 A summary of comments from the consultees are as follows:

i. Transportation made comments relating to rearrangement of lighting columns on Lawson Avenue but raised no objections to the proposal. ii. Protective Services commented on the previous use of the site and recommend a site investigation. iii. Greenspace made comments relating to the retention of the woodland shelter belt on the western boundary. On receipt of the necessary ecology surveys they raised no objections and recommended conditions requiring a method statement for mitigation for badgers and also conditions requiring tree retention, measures to encourage bat and bird nesting and additional landscaping. iv . Scottish Natural Heritage made comments relating to tree removal and bats and also the requirement for a badger licence. V. Scottish Water and Gas made comments relating to connection to their services. vi. The RSPB raised concerns about the potential impact on badgers and the proximity of the development to the nearby Baron’s Haugh nature reserve. They recommend conditions be attached in relation to boundary treatment and measures to reduce impact on wildlife.

7. Representations

7.1 Following the neighbour notification and press advertisement 59 letters of representation were received from 54 parties and 10 online comments were received from 9 parties. 1 of the objections was from a local member. Some parties have commented more than once, details are given in the list of background papers. The comments can be summarised as follows:

1. The area is characterised by IOWrise, IOWdensity development on the edge of the green belt and historical planning decisions restrict this site and others in the vicinity to prevent the type of high density, two storey house types that is contained in the current proposal. The scale, height, layout, housing mix and density are considered to be out of context and inconsistent with previous decisions resulting in overdevelopment, to the detriment of the character and amenity of the surrounding area. The design does not take account of the surrounding area, local context or Scottish Government Policy promoting good design. 2. The proposal will have a detrimental impact on the adjacent nature reserve and green belt area. 3. The proposed dwellings would be built on higher ground and would overshadow and overlook neighbouring houses, thereby reducing privacy. 4. Plot 5 (1 1 Lawson Avenue), which fronts onto the nature reserve was required to provide an attractive frontage, whereas the current proposal disregards previous conditions and the design is not appropriate. 5. The developer has failed to comply with planning conditions on adjacent developments. 6. The proposed layout with central parking area does not create a pleasant space, provide a sense of welcome, conceive a vision or use resources efficiently. 7. The proposal contains no play provision for children and therefore represents a health and safety risk. 8. Inadequate parking for residents and visitors exists which will result in more congestion and traffic problems on the surrounding road network. 9. The access road leads to Lawson Avenue, which is unadopted and, due to the amount of housing this should be made to an adoptable standard. 10. The Housing Land supply for the area shows a remaining capacity for 6 units on this site and the proposed 20 units will distort the Council’s housing land

59 requirements precluding or delaying the development of other sites in the area. 11. Mature trees will require to be removed. Should permission be granted the trees should be retained. 12. The central car park is out of character with surrounding developments that were all required to provide off street parking within plots and the volume of traffic accessing it will be to the detriment of residential amenity and road safety. 13. How will the private access track be maintained? Lawson Avenue is unadopted, therefore liability for maintenance and safety is unknown and a development of 20 houses accessing via a single private access track onto this road presents a safety hazard and would compound existing problems. 14. Lawson Avenue is unadopted therefore the red line boundary of the application site should extend to the nearest public road with owners of adjacent properties on Lawson Avenue served notice as land owners. 15. Dwellings on North Lodge Avenue currently benefit from an open aspect and the proposal will obstruct the view of the Clyde Valley making the houses less desirable to sell. 16. The site is green belt and in close proximity to the bird sanctuary, it should be protected from development and more appropriate land for housing exists at Ravenscraig. 17. There is a possibility that Badgers use the site, therefore a survey should be undertaken by a qualified person to confirm their presence and design any mitigation to reduce the impact on protected species. 18. The proposal amounts to a social housing development. 19. The Planning department had raised concerns about the density and height of the original proposal and the developer describes the changes made to have addressed these however the proposal still contains too many units, is too high, ignoring levels and now contains flats. There has been no genuine effort made to address the concerns raised in order to achieve a consistency of design with adjoining developments and the revised proposal still detracts from the surrounding area.

8. Planninn Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed against Local Plan Policies. In this instance, the Southern Area Local Plan 2008 is relevant, with the site being zoned as HSG 2 (Private Housing Development). Policies HSG 10 (Infill Housing Development) and TR13 (Assessing the Transportation Implications of Development) are also relevant.

Adopted Local Plan:

8.2 Policy HSG 2 identifies this site for private sector housing development. Furthermore, the principle of residential development at this site has been established by previous permissions for housing. The proposal complies with this policy.

8.3 In considering applications for residential developments on suitable gap sites Policy HSG 10 requires consideration of:

1. Overall impact of the proposal on the character and amenity of the surrounding area. 2. Dimensions of the site, relative to the proposed development and associated garden ground. 3. Effect of infill on the garden space, privacy and sunlight received by surrounding properties. 4. Consideration given to scale, materials, roof heightlpitch and window patterns, and 5. Provision of vehicular access and parking arrangements.

60 The surrounding housing area has a mixture of styles and heights with properties to the west and east of the site consisting of two, single and one and a half storey. Restrictions had originally been placed on this site that prevented any housing higher than single storey (reference: 00/0017510UT), however this has been superseded by later applications that have permitted one and a half storey. Following negotiations the applicant has submitted revised plans reducing the height of the proposed dwellings and lowering the site levels. The combined effect reduces the overall height of the proposed houses by 0.9 metres. Detailed cross sections have been submitted showing the relationship between those dwellings proposed and the existing houses on Lawson Avenue. It should be noted that the houses previously approved by Committee in the previous permission (071015431FUL) were described as 1 and a half storey but were 8.0 metres in height. The revised house types proposed are lower than those already approved and would be no higher than the existing dwellings on Lawson Avenue. In terms of the impact upon the character and amenity of the area, design, massing and visual impact the proposed houses are therefore considered to have no significantly greater impact on the houses on Lawson Avenue and the wider residential area than those already approved.

8.4 The courtyard layout proposed with central shared parking area results in shallow front garden depths but adequate side and rear dimensions. National policy encourages a more flexible approach to design and it is considered that there are acceptable overall garden areas along with the open aspect of the courtyard facing the valley and with a landscaped area of approximately 2750 square metres, the amount of open space within the site is considered to be acceptable.

8.5 The layout does not raise any adverse privacy issues with dwellings on Lawson Avenue as the windows overlooking one another do so at an angle and achieve the minimum window to window distance of 18 metres. The proposal passes the sunlight and daylight test in relation to the dwellings at Lawson Avenue. Neighbouring houses are a sufficient distance away from the proposed development and the orientation is such that there will not be significant overshadowing. The tests undertaken show that the existing windows at Nos 9 & 11 Lawson Ave will be unaffected.

8.6 The house types proposed are smaller than previous approvals on this site but there are a mixture of semi detached, terrace and one block of 4 cottage style flatted in the surrounding area. While the amount of units proposed is higher than previously approved developments, it remains relatively modest. The survey submitted by the applicants shows that 19.7 units per hectare are proposed in comparison with surrounding developments to the east which hold 24.9 units per hectare, and west which is 18.8 units per hectare. The density and house types proposed are considered to be in-keeping with the surrounding area and the amount of units proposed is not considered to be to the detriment of the character or amenity of the area. In addition, previous approvals on this site have permitted substantially larger house types and the actual footprint of development in relation to open areas within the site in the current proposal is not significantly larger than the existing layout which has permission. The revised proposal is considered to achieve a higher standard in relation to design details and higher quality of materials. Plot 1 was also amended to provide a dual frontage on the gable which will overlook both the courtyard and the valley.

8.7 The site will benefit from landscaping along the site boundary and the proposal includes retention of many of the existing trees on the edges of the site which contribute to the character. It is also noted that the site is untidy and poorly maintained and, other than providing an informal through route for pedestrians accessing the nature reserve, it is not considered to make a positive contribution to the character of the area.

8.8 It is considered that the proposed development will not adversely impact upon the character and amenity of this area. The development also acceptably meets the other

61 criteria within and is therefore in accordance with Policy HSG 10. Transportation issues are assessed separately below.

8 .9 Policy TR 13 sets criteria relating to road and pedestrian safety, parking and servicing. The private access and central parking arrangement has been changed from the previous layout, and the parking falls short of their minimum guidelines by 4 spaces, however, as indicated above in paragraph 6.1, Transportation have raised no objections to the amended layout. The proposal is therefore considered to comply with TRI 3.

Finalised Draft North Lanarkshire Local Plan:

8.10 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is zoned as Policy HCF2 AI (Sites for Short Term Housing Development). This policy supports the proposed residential development at this location subject to no adverse impacts on the surrounding properties. In this case, it is considered that the proposed development can suitably accommodated within the site without detriment to the housing to the east and west and the surrounding residential area to the north and beyond. The North Lanarkshire Local Plan goes on to assess developments under policies DSP3 and 4 (Impact and Quality of Development) and for the reasons already detailed in this report, these assessment criterion are satisfied. As such, the proposal accords with the emerging local plan.

Consultations

8.1 1 With regard to the consultation response from Protective Services, a planning condition is recommended in relation to the submission of a site investigation. In relation to the response from Greenspace Services conditions are proposed requiring submission of badger mitigation details, retention of trees, bat and bird boxes and for a landscaping scheme.

Remesentations:

8.12 In relation to the points of objection, I would comment as follows:-

1. While previous restrictions have been placed on this site and others, as mentioned above, following detailed assessment of this proposal against the relevant policy criteria the layout, scale, open space provision, housing mix and impact on surrounding properties is considered to be acceptable. The height of those dwellings proposed is no higher than has been approved previously and density is considered to be in keeping with the surrounding area. The impact of the proposed development on the character and amenity of the surrounding area is not considered to be significantly different from what has been approved previously. The development is not considered to be out of context with the local area nor contrary to Scottish Government guidance on good design. 2. In relation to the impact of the proposal on the adjoining nature reserve the proposal includes retention of trees and any appropriate mitigation for protected species. The principle for a residential development has already been established and the current proposal includes more measures to mitigate the impact on the adjoining reserve than previous approvals. 3. In relation to overshadowing of neighbouring properties and the impact on privacy, as discussed above in paragraph 8.5, there is not considered to be a significant impact. 4. With respect to the design of the houses proposed, as mentioned above in paragraph 8.6, the amended design and materials proposed are a higher standard and is considered to be acceptable. In addition the design now provides double frontages for the gables overlooking the valley. 5. The failure of the developer to comply with planning conditions on adjacent sites is not a material consideration in this application.

62 6. In relation to the layout, as mentioned above in paragraph 8.4 this is considered to be acceptable. 7. In relation to the lack of play provision, this amount of units does not require a formalised play area. 8&9 With respect to parking and the private access arrangement, as noted in paragraph 8.8, Transportation have not raised any objections. 10. The part of the Housing Land Supply referred to reflects the units granted under the previous permission. As discussed above in paragraph 8.6, the increase in units can be accommodated without detriment to the surrounding area and is not considered to have a significant impact on the overall housing supply in the wider area. The housing land supply allocation is not a limit upon the amount of development permissible at this site. 11. In relation to the trees, the applicant has confirmed that there will be some removed on the eastern edge of the site; however trees on the eastern and southern edges would be retained. A condition is proposed requiring additional planting to soften the edge of the site from the valley and adjacent RSPB reserve. 12. In relation to the central parking area and increase in traffic, as discussed above in paragraph 8.9, Transportation has no objections and the proposal is therefore in accordance with Policy TR13. 13. The maintenance of the site access will be a private arrangement; however a condition is attached ensuring the submission of an appropriate maintenance scheme. 14. The adoption and maintenance of Lawson Avenue is a separate issue currently being dealt with by the Transportation Service and any legal queries relating to the ownership of the road are not material planning considerations. The site boundary does not require to be amended to include Lawson Avenue and the neighbour notification has been correctly undertaken. 15. The impact on views from neighbouring properties and property values are not material planning considerations. 16. The site is zoned for housing and planning permission has already been approved for a residential development, therefore the principle of residential development has been established. 17. In relation to protected species, as discussed above in paragraph 6.1, full ecology surveys were submitted and the Council’s ecologist raised no objections to the findings. Conditions are recommended ensuring appropriate mitigation measures are put in place. 18. In relation to the applicant I can confirm that they are a private company and there is no indication that the proposed development is social housing. It should be noted that this is not a material planning consideration. 19. In relation to the initial concerns raised, as detailed above, the developer has changed the proposal and submitted additional supporting information and the revision is now considered to be acceptable.

9. Conclusions

9.1 In conclusion, following detailed assessment of the application and taking account of the site history and representations received, it is considered that the proposed residential development is acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan 2009. The proposed development can be suitably accommodated within the site without significant detriment to the surrounding area. Notwithstanding the objections received, it is recommended that the planning permission is granted subject to conditions.

9.2 It should be noted that 54 requests for a site visit to be conducted prior to a decision being made on the application have been received and that a group of objectors have also requested a hearing prior to the decision.

63 Application No: Proposed Development:

10/013001MSC Proposed Residential Development and Associated Infrastructure, Landscaping, Open Space, Drainage, Access and Car Parking (Application for Approval of Matters Specified in Conditions 1, 7, 9, 11, 12, 15, 19, 21 to 24 of permission 07/01231/PPP) Site Address:

Site to the East of Whiteford Road Cardowan Stepps

Date Registered:

Ist December 201 0

Applicant: Agent: Redrow Homes James Barr 226 West George Street Glasgow G2 2LN

Application Level: Contrary to Development Plan: Other Application Level No

Ward: Representations: 005 Strathkelvin One representation received from William Hogg, Joseph Shaw, Brian Wallace, Councillor Wallace. Frances McGlinchey,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed layout, dwellinghouse design, open space provision drainage access and car parking details are considered to be acceptable.

64 N/IO/B 1300/MSC Redrow Homes SiteTo The East Whiteford Road Cardowan Stepps Proposed Residential Development &Associated Infrastructure, Landscaping, Open Space, Drainage, Access Car Parking (Application for Approval of ~.z~.r'cL"'"TCW.,Lll"T kZLrnd & I.II-DL--~~-r.ll.-m-L,*. ~i*s?-Matters Specified in Conditions 1,7,9,11,12,15, 19,21 31....CY".IIC-.", L*.L.W.I I-.C.&."LL **I..WL.d..I+= :;;%E to 24 of permissionO7Bl23 tgPp) Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: - 368.01.01 i , 368.01.02h, 88.20.01d, DRSlASLllO (Rev N) , DRS/ASL/I 1(Rev A), DRS/ASL/50(Rev A), G2010l141/SI/R/F/O4 and house types CALLANDER (B), CALLANDER (R), CRIEFF (B), CRIEFF (R), CROSSFORD (B), CROSSFORD (R), DORNOCH AND HUNTLY (B), DORNOCH AND HUNTLY (R), DUNKELD (B), DUNKELD (R), OBAN (B), OBAN (R) , SKELMORLIE (B), SKELMORLIE (R), WHITHORN (B), WHITHORN (R).

Reason: To clarify the drawings on which this approval of permission is founded.

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

Reason: To ensure the provision of appropriate boundary treatments in the interests of the visual amenity of the surrounding area.

4. That all works included in the scheme of landscaping and planting, shown on approved plan 368.01.02h and 368.01.01i, shall be completed in accordance with the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the last house within the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of am en ity.

5. That BEFORE the development hereby permitted starts, a scheme for the provision of play areas within the site as indicated on the approved plans, 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, gates and animal grids to be provided around the play area(s).

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

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, and it shall include proposals for the continuing care, maintenance and protection of the off site open space and footpaths, any communal areas, including landscaping and play areas.

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

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

Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity. 66 8. That before the development hereby permitted starts, an ecological working programme relating to the potential presence of water voles on the adjacent watercourse shall be submitted to and approved in writing in writing by the Planning Authority. Thereafter all approved ecological practices shall be incorporated into the development programme.

Reason: To minimise the impact on habitat and protected species

9. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a Chartered Civil Engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

10. That before the first dwellinghouse within the development hereby permitted becomes occupied a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To ensure the provision of satisfactory drainage arrangements.

11. That any remediation works identified by the site investigation report shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

12. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

13. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

14. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

67 Backnround Papers:

Representation Letters

E-mail from Councillor Wallace dated 17'h December 2010.

Consultation Responses:

Scottish Environment Protection Agency letter received 2dh January 2010. Scottish Natural Heritage e-mail received 12'h January 201 1. Scottish Water letter received 16'h December 2010

Play Services memorandum received 14'h January 201 1. Rathmell Archaeology Limited Letter received 16'h December 2010. Traffic & Transportation (Northern Area) memorandum received 25th February 201 1 & 4'h April 201 1 Environmental Health (Pollution Control) memorandum received 16'h December 201 0. Green space Memorandum received 23'' December 201 0. Green space E-mail received 17'h February 201 1. Landscape Memorandum received lgthJanuary 201 1.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475

Report Date: 1Ith May 201 1

68 APPLICATION NO. N/10/01300/MSC

REPORT

1. Site Description

1 .I The application site occupies the northern part of a 12.6 hectare area proposed for residential development with the larger residential area crossing the administrative boundaries of North Lanarkshire Council and Glasgow City Council. The part of the site within North Lanarkshire is 3.6 Hectares in area with the remaining 2/3 of the site falling within Glasgow. The site is located due south of the Cardowan roundabout on the M80/A80. The Glasgow to Cumbernauld railway skirts the northern boundary of the site. To the west of the site is the Dewar Road spine road that serves the residential development at Honeywell Avenue and Kilpatrick Drive. The remainder of the site is surrounded by open countryside, albeit a large pond lies immediately to the east. The site previously formed part of Cardowan Colliery and is now open grassland with scattered scrub and tree planting. There will be one access point into the application site from Dewar Road.

2. Proposed Development

2.1 This application seeks approval for matters specified in conditions relating to planning permission Ref 07/01231/PPP for the erection of 78 dwellinghouses, formation of access and associated landscaping. The dwellinghouses would be two storeys in height and be semi-detached, detached and terraced in style. Access to the site would be taken via an existing roundabout formed on Dewar Road to the west of the site. The proposed site layout would be configured around a loop road terminating with three turning features at the extremities of the site and include a centrally placed equipped play area. A large SUDS pond would be constructed outwith the northern portion of the site. The applicant proposes to use a variety of materials including facing brick, render and concrete roof tiles. The applicant also proposes an upgrade of the open space which bounds the site to the north and includes extensive landscaping.

3. Applicant’s Supporting Information

3.1 The applicant has submitted a Transportation Statement in relation to the roundabout on Dewar Road, a design statement, detailed drainage scheme, flood risk assessment, protected species survey and site investigation report in support of this application.

4. Site History

4.1 A previous outline planning application Ref. 07/012311PPP for residential development (3.601 hectares) was granted on 1Oth September 2010 following the conclusion of a Section 75 Legal agreement covering education contribution. An indicative layout submitted with this application identified residential and landscaping proposals.

5. Development Plan

5.1 The Northern Corridor Local Plan 2005 identifies the site for industriaVbusiness use (policy ECON 5 (New Industrial Sites)).

6. Consultations

6.1 The following consultees have no objections to the proposed development:

Rathmell Archaeology Limited confirmed that no significant archaeology remains on this site. Environmental Health (includin Pollution Control) has no objections to the 89 proposal and provided comments. Green Space Services have no objection following the submission of an amended landscape plan. Scottish Environment Protection Agency has no objections and provided comments on flooding and the implementation of SUDS measures.. Scottish Water has no objection to the proposal.

6.2 A summary of comments from the remaining consultees are as follows:

a) Transportation provided detailed comments on the initial layout in terms of parking, traffic calming, the geometry of the existing roundabout, access into the site, the standards for internal junctions, the deletion of a section of link footpath, visibility splay standards, spacing of driveways from the entrance roundabout and driveway standards. Detailed negotiations with the applicant have produced a revised layout that addresses initial concerns raised by Traffic & Transportation.

b) Play Services note that for a development of this scale, a large centrally located play area and an additional toddler play area would be required and all play equipment should be located 15 metres away from all properties.

c) Scottish Natural Heritage has reviewed the submitted protected species survey and is satisfied with its findings. They advised that there be a 6 metre stand off zone from the watercourse which runs through part of the site.

7. Rewesentations

7.1 Following the statutory notification process one letter was received from Councillor Wallace.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and it can be assessed in terms of the local plan policies.

8.2 DeveloDment Plan: Northern Corridor Local Plan 2005: The site is covered by policy Econ 5 (New Industrial Sites) As this application is for the determination of matters specified in conditions attached to the related planning permission in principle, the principle of the residential development at this location has therefore been established. The details of the proposal are all that require to be assessed.

8.3 Policy HG4 (Assessing Applications for Housing Development) is therefore relevant to this proposal. This policy considers a list of criteria when assessing applications for new housing development and the relevant criteria are discussed below.

8.4 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration and the zoning of the site changes to HCF 2 A2 (Housing and Community Facilities), where housing development is supported. It is considered therefore that the application complies with the emerging Local Plan. The North Lanarkshire Local Plan goes on to assess developments under policies DSP3 and 4 (Impact and Quality of Development) and for the reasons detailed in this report these assessment criterion are satisfied.

8.5 Residential Layout and Design: The mix of house types proposed satisfactorily reflects house types already in the wider area with garden ground attributed to 70 each plot satisfying the minimum guideline requirement. The development exceeds the threshold which requires communal open space and equipped play provision. In addition to layout and setting, it is also considered that the detailed design of the buildings is acceptable. In this respect the impact of development on the locality is acceptable.

8.6 Environmental impact The principle of residential development at this location has already been accepted albeit the design and layout of the housing require to be assessed at this stage. As noted at paragraph 8.5 above, the design, size and material finish of the housing is considered acceptable. A plan relating to a detailed landscaping scheme is acceptable. It is considered that there will be no significant adverse visual impacts on the surrounding landscape due to the continuity of built form with the residential area to the west. Protective Services have confirmed that they are satisfied with the findings of this assessment. Paragraph 8.7 below deals with all matters relating to flooding and drainage. The applicant has submitted an ecological report which considers the presence of amphibians and water voles. The report confirmed that while amphibians are not present the potential presence of water voles on site merits further consideration. Greenspace Services and SNH are satisfied with the findings of this report and a condition is recommended requiring the submission of an ecological method statement should work be required in the protected species sensitive area..

8.7 Flooding requires to be taken into account in the determination of this application due to watercourses on this site. A small unnamed stream runs through the site and discharges into a small pond at the eastern edge of the site. A study was undertaken to assess the flooding risk of the site from the stream, from the pond, and from surface water runoff that could enter the site from land adjacent to the application site. The applicant has submitted a flood risk assessment (FRA) and detailed drainage scheme in support of this application. The applicant proposes to treat surface water arising from this development within a large SUDs pond located outwith the eastern part of the site. SEPA have confirmed that they are satisfied with the measures proposed within the FRA subject to the measures outlined in the submitted drawings being implemented. A planning condition is recommended to ensure that the development is constructed in accordance with these details and ensures that the applicant implements a full detailed drainage scheme in accordance with SEPAs principles of SUDs. In view of the above, the assessment and mitigation measures are considered acceptable in that the proposal raises no increased flood risk within or adjacent to the application site.

8.8 Access, parking and the impact of the proposal on the road network. Following detailed negotiations with the applicant an amended plan has been submitted by the applicant addressing initial concerns raised by Traffic & Transportation.

8.9 Consultations: With regard to the consultation responses from Green Space Play Services, Traffic & Transportation and SNH, additional information was requested from the applicant to address issues raised. Protective services have also provided comments and requested a site investigation report. The report was, however, forwarded with the initial application submission and any works identified in the report should be signed off by a chartered environmental engineer. It should be noted that relevant matters raised by consultees can be accommodated by the imposition of the appropriate conditions and informatives.

8.10 Representations: One representation (e-mail) was received following the standard notification procedure from Councillor Wallace. The points raised are summarised below.

Point of objection: When the outline application was discussed, it was considered that community facilities would need to be provided including a kick about area and some play facilities. 71 Comment: The provision of a kick pitch was not conditioned at the outline stage although the improvement of the open land to the north of the site was covered. The applicant has forwarded a plan showing the improvement of this area through extensive landscaping for community use. Whilst recognising the lack of a pitch in this area, the scale of this development is not such that a kick pitch is required. Nonetheless the applicant was asked to consider this matter and advised that the issue of providing a kick about area was discussed with officers at the outline application stage. It was recognised that such a facility was not required in policy terms because of the scale of the development, but the applicant did volunteer to make improvements to land outside of the site for informal recreational purposes. That offer was formalised through condition 24 of the outline consent and the documents submitted with the current planning application address the requirements of that condition.

Point of objection: Developers contribution should take account of the impact of the development on school roles and future education infrastructure provision.

Comment: Financial contribution for education infrastructure provision was agreed and secured through a legal agreement at the planning permission in principle stage.

Point of objection: At the outline stage, integrated and sustainable transport links, were discussed and the issue of sustainable transport should be addressed.

Comment: This matter remains under consideration but does not form part of this planning submission.

Point of objection: Maintenance responsibilities for the site and adjacent open space should be clarified.

Comment: A planning condition is recommended to cover the future maintenance of the opens space within and adjacent to the development.

9. Conclusions

9.1 In conclusion, following detailed assessment of the application it is considered that the applied for details of the proposed residential development are acceptable. It is therefore recommended that the application is granted subject to conditions.

72 Application No: Proposed Development:

111000631FUL Construction of Side Extension and the Removal of 2 No. Trees. Site Address:

Hillcroft Victoria Road Dullatur Cum bernauld G68 OAW

Date Registered:

23rd March 201 ?

Applicant: Agent: Mrs Marion Stewart OM1 Architects 4 Hillcroft 24 Cockburn Street Victoria Road Falkirk Dullatur FKI 5BG G68 OAW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North No representation received Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan O'Brien,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed extension is acceptable in terms of overall design and will make a positive contribution to the existing conservation area in terms of scale proportion and materials. In this respect the proposals comply with the terms of the Cumbernauld Local Plan and with the Finalised Draft North Lanarkshire Local Plan.

73 N 11 mo063~U L hWs Marion Stewrt Hillcroft Vidoria Road Dullatur

74 Proposed Conditions:-

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

Reason: In order to accord with the requirements of Section 16 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with plans PP-01, PP-02 and PP- 03

Reason: To clarify the drawings on which this approval of permission is founded.

3. That BEFORE the development hereby permitted starts, full details of the facing materials (including window frames) to be used on all external surfaces and roof shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To safeguard the residential amenity of the area.

4. That except as may otherwise be agreed in writing with the Planning Authority, only the two trees detailed on the approved plans will be felled to facilitate this development and upon completion of the development three replacement trees will be planted in the position also indicated on the approved plans with the species and size of the replacement trees being first agreed in writing.

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

5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

6. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

Backnround Papers:

Representation Letters

No representation received

Consu Ita tion Responses:

Historic Scotland Letter received !jthApril 201 1 Architectural Heritage Scotland letter received 28'h February 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 0123661 6475

Report Date: 11 th May 201 1 75 APPLICATION NO. 11/00063/FUL

REPORT

1. Site DescriDtion

1.I The application site is located within an established residential area characterised by Two storey detached and semi detached dwelling houses set in large gardens. The property being extended is a ‘B’ listed blond sandstone semi-villa within Dullatur Conservation Area, Hillcroft, 4 Victoria Road Dullutar. The villa sits within extensive mature garden ground. The extension will be located within the existing side garden area and will only be visible from within the applicant’s garden. Surrounding the site are residential properties which vary in age, style, character, height & materials. There is no significant difference in adjacent levels.

2. ProDosed DeveloDment

2.1 The applicant proposes to erect a garden room extension to the North side of the dwelling which is a category ‘B’ Listed semi-villa within Dullatur Conservation Area. The extension is contemporary in style and will be constructed in a combination of natural stone, wood and glass with an overall built footprint of 39 square metres and measure 4 metres in height. The applicant also proposes to remove two trees to accommodate wider landscape improvements around the extension but proposes by way of compensation the planting of 3 replacement trees.

3. Site History

3.1 No relevant planning History

4. DeveloDment Plan

4.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. The site is covered by the Cumbernauld Local Plan. Policy EN1 (Conservation Areas) and EN2 (Listed Buildings) applies in this case.

5. Consultations

5.1 The following consultees commented on the proposal,

Historic Scotland made no comment on the proposals and confirmed that the Council should proceed to determine the application without further reference to them. Architectural Heritage Scotland found the contemporary styling of the proposed extension interesting and sympathetically related to the half villa and topography of the site.

6. Representations

6.1 No letters of representation received.

7. Plannina Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

7.2 Development Plan - Cumbernauld Local Plan 1993: Policy EN1 (Conservation Areas) seeks to preserve and enhance the character of the conservation area. Policy EN2 (Listed Buildings) seeks to protect the setting and appearance of listed buildings. It is considered that the proposal is acceptable in design and as such is acceptable under this policy for reasons explained in paragraph 7.4 below.

7.3 Other Material Considerations - Finalis d Draft North Lanarkshire Local Plan: The zoning of the site does not change in7R plan and the development is considered to accord with policy (NBE 1B3a Conservation Area), where there is a presumption against developments detrimental to the character of the designated conservation area. Policy DSP4 (Quality of Development) seeks to ensure that developments are well designed and do not have an adverse impact on neighbouring amenity. The proposal complies with this policy for reasons explained below.

7.4 Extension Design. The proposed construction is considered to be of architectural merit and has been sensitively designed in terms of its position and location. As such it is considered that the proposed extension will have less impact than the existing double garage. Furthermore, that it is an honest, contemporary addition that will make an ‘assertive contrast’ to the villa but in a way that is respectful in terms of scale and massing and materials. This assertive contrast, subject to careful control of detail and finishing materials accords with current Historic Scotland guidance.

7.5 It is considered that the proposal will not result in an overriding loss of amenity or privacy for the residents of any existing adjacent property. Materials to be used include natural stone matching the existing villa; timber panels (Douglas fir) and timber framed glass, the roof being flat will be constructed as a single ply membrane. The extension will not result in a loss of sunlight/daylight to surrounding buildings as potentially affected properties lie either a substantial distance from the proposed extension or are orientated such that the extension will not have a significant adverse impact. There are no directly facing windows which will result in a significant loss of privacy.

7.6 Removal and Planting of Trees The applicant also proposes the removal of two trees to accommodate the development but will plant replacement trees within the garden ground. The Councils arboriculture officer has no objection to this proposal.

7.7 Representation: Following the neighbour notification procedure and an advert in the local press no letters of representation were received.

7.8 Historic Scotland listing It should be noted that given Historic Scotland’s Listing of Hillcroft the proposal is also the subject of application 11/00064/LBC for Listed Building Consent which is also being reported to this committee.

8. Conclusions

8.1 The proposed construction is considered to be of architectural merit and has been sensitively designed in terms of its position and location. As such it is considered that the proposed extension will have less impact than the existing double garage. Furthermore, that it is an honest, contemporary addition that will make an ‘assertive contrast’ to the villa but in a way that is respectful in terms of scale and massing and materials, as such, it complies with the relevant policies in the Cumbernauld Local Plan and with the draft North Lanarkshire Local Plan. There are no other material considerations that would merit refusal of this application. It is therefore recommend that the application is approved.

77 Application No: Proposed Development:

11 /00064/LBC Construction of Side Extension Site Address:

Hillcroft Victoria Road Dullatur Cum bernauld G68 OAW

Date Registered:

25th January 201 1

Applicant: Agent: Mrs Marion Stewart OM1 Architects 4 Hillcroft 24 Cockburn Street Victoria Road Fa1kirk Dullatur FKI 5BG G68 OAW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North No representation received. Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan O’Brien,

Recommendation: Approve Subject to Conditions.

Reasoned Justification: The proposed extension is acceptable in terms of overall design and will make a positive contribution to the existing conservation area in terms of scale proportion and materials. In this respect the proposals comply with the terms of the Cumbernauld Local Plan and with the Finalised Draft North Lanarkshire Local Plan.

NOTE TO COMMITTEE

If granted, this application must be notified to the Scottish Ministers in accordance Section 73 of the Town and Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as the proposal relates to a ‘B’ listed building.

78 N

79 Proposed Conditions:-

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

Reason: In order to accord with the requirements of Section 16 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with plans PP-01, PP-02 and PP- 03

Reason: To clarify the drawings on which this approval of permission is founded.

3. That BEFORE the development hereby permitted starts, full details of the facing materials (including window frames) to be used on all external surfaces and roof shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To safeguard the residential amenity of the area.

4. That except as may otherwise be agreed in writing with the Planning Authority, only the two trees detailed on the approved plans will be felled to facilitate this development and upon completion of the development three replacement trees will be planted in the position also indicated on the approved plans with the species and size of the replacement trees being first agreed in writing.

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

5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

6. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

Backnround Papers:

Represen tat ion Letters

No representation received

Consultation Responses:

Historic Scotland Letter received 3'' February and 24'h February 201 1 Architectural Heritage Scotland letter received 28'h February 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236616475

Report Date: 11 th May 201 1

80 APPLICATION NO. 11/00064/LBC

REPORT

1. Site Description

1 .I The application site is located within an established residential area characterised by Two storey detached and semi detached dwelling houses set in large gardens. The property being extended is a ‘B’ listed blond sandstone semi-villa within Dullatur Conservation Area, Hillcroft, 4 Victoria Road Dullutar. The villa sits within extensive mature garden ground. The extension will be located within the existing side garden area and will only be visible from within the applicant’s garden. Surrounding the site are residential properties which vary in age, style, character, height 8, materials. There is no significant difference in adjacent levels.

2. Proposed Development

2.1 The applicant proposes to erect a garden room extension to the North side of the dwelling which is a category ‘B’ Listed semi-villa within Dullatur Conservation Area. The extension is contemporary in style and will be constructed in a combination of natural stone, wood and glass with an overall built footprint of 39 square metres and measure 4 metres in height. The applicant also proposes to remove two trees to accommodate wider landscape improvements around the extension but proposes by way of compensation the planting of 3 replacement trees.

3. Site History

3.1 No relevant planning History

4. Development Plan

4.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. The site is covered by the Cumbernauld Local Plan. Policy EN1 (Conservation Areas) and EN2 (Listed Buildings) applies in this case.

5. Consultations

5.1 The following consultees commented on the proposal,

Historic Scotland made no comment on the proposals.

Architectural Heritage Scotland found the contemporary styling of the proposed extension interesting and sympathetically related to the half villa and topography of the site.

6. Rewesentations

6.1 No letters of representation received.

7. Planninq Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

7.2 Development Plan - Cumbernauld Local Plan 1993: Policy EN1 (Conservation Areas) seeks to preserve and enhance the character of the conservation area. Policy EN2 (Listed Buildings) seeks to protect the setting and appearance of listed buildings.

81 It is considered that the proposal is acceptable in design and as such is acceptable under this policy for reasons explained in paragraph 7.4 below.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not change in this plan and the development is considered to accord with policy (NBE 1B3a Conservation Area), where there is a presumption against developments detrimental to the character of the designated conservation area. Policy DSP4 (Quality of Development) seeks to ensure that developments are well designed and do not have an adverse impact on neighbouring amenity. The proposal complies with this policy for reasons explained below.

7.4 Extension Design. The proposed construction is considered to be of architectural merit and has been sensitively designed in terms of its position and location. As such it is considered that the proposed extension will have less impact than the existing double garage. Furthermore, that it is an honest, contemporary addition that will make an ‘assertive contrast’ to the villa but in a way that is respectful in terms of scale and massing and materials. This assertive contrast, subject to careful control of detail and finishing materials accords with current Historic Scotland guidance.

7.5 It is considered that the proposal will not result in an overriding loss of amenity or privacy for the residents of any existing adjacent property. Materials to be used include natural stone matching the existing villa; timber panels (Douglas fir) and timber framed glass, the roof being flat will be constructed as a single ply membrane. The extension will not result in a loss of sunlightldaylight to surrounding buildings as potentially affected properties lie either a substantial distance from the proposed extension or are orientated such that the extension will not have a significant adverse impact. There are no directly facing windows which will result in a significant loss of privacy.

7.6 Removal and Planting of Trees The applicant also proposes the removal of two trees to accommodate the development but will plant replacement trees within the garden ground. The Councils arboriculture officer has no objection to this proposal.

7.7 Representation: Following the neighbour notification procedure and an advert in the local press no letters of representation were received.

8. Conclusions

8.1 The proposed construction is considered to be of architectural merit and has been sensitively designed in terms of its position and location. As such it is considered that the proposed extension will have less impact than the existing double garage. Furthermore, that it is an honest, contemporary addition that will make an ‘assertive contrast’ to the villa but in a way that is respectful in terms of scale and massing and materials, as such, it complies with the relevant policies in the Cumbernauld Local Plan and with the draft North Lanarkshire Local Plan. There are no other material considerations that would merit refusal of this application. It is therefore recommend that the application is approved.

82 Application No: Proposed Development:

11/00079/FUL Installation of a Telecommunications Monopole (14.8m) with Ancillary Equipment. Site Address:

St Mungos Road Cum bernauld

Date Registered:

18th March 201 1

Applicant: Agent: Vodafone Limited Mono Consultants Ltd C/o Agent 48 St Vincent Street Glasgow G2 5TS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 003 Cumbernauld South No letters of representation received. Danny Carrigan, William Goldie, William Homer, Gerald McElroy

Recommendation: Approve Subject to Conditions

Reasoned Justification:

It is considered that the proposal is acceptable in that it will not detract from the amenity of the application site or the surrounding area.

83 11moom u L Vodafone Limited Proposed Conditions:-

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 100, 200, 300 and 400.

Reason: To clarify the drawings on which this approval of permission is founded.

That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

That within 4 weeks of completion of all approved works on site a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Background Papers:

Representation Letters: No letters of representation received.

Consultation Responses: Memo from Traffic & Transportation received on 13'h May 201 1.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 6181 24

Report Date: 17th May 201 1

85 APPLICATION NO. 11/00079/FUL

REPORT

1. Site Description

1 .I The proposed telecommunications mast application site lies on a roadside grass verge next to a landscaped area which is immediately to the north of the junction into the Town Centre car park, Cumbernauld. Located to the north is the Inland Revenue office. To the south and east is a Town Centre car park serving a terrace of large retail units. Located directly to the north west is a wooded landscaped area. The application site is within Cumbernauld Town Centre.

2. Proposed Development

2.1 This application seeks detailed planning permission for the installation of a 14.8m telecommunications streetpole with associated apparatus at St Mungos Road, Cumbernauld. The mast will be shared by 02 and Vodafone.

3. Applicant’s Supportinn Information

3.1 The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in coverage benefiting two national operators. It is stated that the mast will be of general benefit to business, and domestic users in the area. The supporting statement identified alternative sites and provided justification for discounting these sites details of which were formally submitted as part of the application. Initially, ten potential sites were identified within the coverage cell and these various sites were discounted for reasons such as site sharing not possible, no ownership agreement, not providing enough coverage and lack of screening. An International Commission on Non-Ionizing Radiation Protection (ICNIRP) compliance certificate was also submitted confirming that the proposed telecommunications installation meets the current public health guidelines.

4. Development Plan

4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

4.2 In the Cumbernauld Local Plan 1993, the site is covered by shopping centre policies. Policy SHI supports the town centre’s shopping role and Policy SH8 seeks to improve the environment of the town centre.

5. Consultations

5.1 Traffic and Transportation - have recommended that the application be refused as the current position in relation to the entrance poses concerns relating to road safety. Any servicing vehicles associated with the mast parked on St Mungo’s Road will result in vehicles travelling east being stuck behind any vehicles wishing to turn right into the car park. They recommend that the proposed mast and antennas should be relocated approximately 25 metres so that it is to the east side of the entrance into car park.

6. Representations

6.1 No letters of representation have been received in relation to this application.

7. Planninn Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless

86 material considerations indicate otherwise.

7.2 Development Plan - Cumbernauld Local flan 1993: Policies SH 1 (Central Cumbernauld) and SH 8 (Environmental & Other Improvements) applies in this case and seeks to maintain and enhance the existing town centre. There are no specific telecoms policies in the Cumbernauld Local Plan. Accordingly the proposed development must be considered on its merits in terms of the local environment. The site location and the acceptable design of the proposal are considered to make this type of development environmentally acceptable and to not prejudice the relevant local plan shopping polices. Impact on amenity is covered in 7.5 below.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The site is zoned as RTC 1 A (Town Centre) in which the policy seeks to protect the network of centres as the continuing focus of retail, leisure, civic and community uses. Policy EDI 3 (Assessing Utilities Development) is also relevant to the assessment of the application. This policy states the telecommunication installations will only be acceptable provided that there is no reasonable prospect of sharing with any existing facilities and the development is sited and designed so as to minimise its visual and environmental impact. Supplementary information has been provided on site selection including the disadvantages of alternative sites. In this context the proposal is considered to be acceptable. The proposed telecommunications installation will have little impact on the character of the town centre given its discrete design and that it is set against a landscaped backdrop. The proposal is therefore considered to comply with policies RTC 1 A and EDI 3 of the Finalised Draft North Lanarkshire Local Plan.

7.4 National Telecommunications Policies: Planning Advice Note 62 (Radio Telecommunications) states that radio telecommunications have an important role to play in supporting the further social and economic development of Scotland. To ensure acceptability of such developments high standards of design and location should be sought. Scottish Planning Policy supports telecommunications development where it has been demonstrated that careful consideration of all siting and design options has been undertaken and, where possible, environmental effects are minimised. Mast sharing is encouraged. It is considered that the proposal complies with these national policy and advice.

7.5 Effect on Local Amenity: Due to the slim design the proposal is considered to be acceptable and the design helps the mast blend into the wooded backdrop thus reducing the visual impact of the proposal. It is, therefore, considered that the proposal is not detrimental to the visual amenity of the town centre.

7.6 Applicant’s Supporting Information: It is considered that the applicant has satisfied the criteria set out in both SPP (Consolidated) and PAN 62 in that consideration has been undertaken in the siting and design of the telecommunications mast in order to achieve minimal impact. The mast will be shared by 02 and Vodafone. A certificate of Declaration of Conformity with ICNIRP Public Exposure Guidelines has been provided by the applicant. It is considered therefore that the impact of the proposed development on the town centre is acceptable.

7.7 Consultations; In relation to the Traffic and Transportation comments, the application site is considered to be acceptable from a planning point of view. The proposed mast will be located on the same side of St Mungo’s Road as existing street lights. The potential traffic hazardhnconvenience during servicing of the equipment would pose no greater a risWinconvenience than the servicing of the existing street lights. In addition, the applicant has confirmed that programmed service visits will occur about every 6 months and that roadside access visits are extremely rare. Furthermore, the operator would be required to adhere to the Roads and Streetworks Act with regards to the manner in which they would carry out work at this location. It is considered that the comments from Traffic & Transportation do not alter the planning assessment.

87 8. Conclusion

8.1 It is considered that the proposal will have an acceptable impact on the amenity of the surrounding area and Cumbernauld Town Centre. The proposed equipment is considered to reasonably blend into it’s wooded backdrop and is not obtrusive in appearance.

8.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the erection of the telecommunications mast at St Mungos Road, Cumbernauld.

88 Application No: Proposed Development:

11/00128/FUL Erection of Two Storey Dwellinghouse (Replacement of Dwellinghouse) Site Address:

78 Balmoral Avenue Glenmavis Airdrie North Lanarkshire ML6 OPY

Date Registered:

21st February 201 1

Applicant: Agent: Mrs Yvonne Crossan David Leckie C/o Agent 1A Meldrum Mains Glenmavis Airdrie ML6 OQQ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 7 Airdrie North 30 letters of representation received. Cameron, S. Coyle, McGuigan and Morgan

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The dwellinghouse would accord with the relevant residential policies within the Adopted Monklands District Local Plan and the residential and development strategy policies within the Finalised Draft North Lanarkshire Local Plan. The dwellinghouse is considered acceptable in scale, height and design and would not appear out of place in the street given that there are other two storey properties nearby. Given that there is no significant increase in footprint the level of private amenity space provided and the number of car parking spaces proposed are considered adequate. Although the building would be higher than the dwelling previously sited there it is considered that the residential amenity of neighbouring properties would not be significantly affected in terms of loss of daylight/ sunlight, privacy or visual amenity.

89 Planning Application No C/11/00128/FUL Erection of TmStorey Dwellinghouse N (Replacement of Dwellinghouse) A 78 Balmoral Avenue, Glenmavis, Airdrie I A1250 +- * Representations 15 Representations Outwith Map Area

90 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- IC.PL.01-Loc, IC.PPL.01-01 C, IC.PL.01-02 B, IC.PL.01-03 B and IC.PPL.01-04

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

91 Backq round Paoers:

Representation Letters

Letter from K & J Cumming, 88 Balmoral Avenue, Glenmavis, ML6 OPY Letter from J & C Comrie, 76 Balmoral Avenue, Glenmavis, Airdrie Letter from Mr & Mrs L Davie, 72 Balmoral Avenue, Glenmavis, Airdrie Letter from Owner/Occupier, 7 Grantown Gardens, Glenmavis, Airdrie Letter from Ms Natalie Zambonini, 8 Grantown Gardens, Glenmavis, Airdrie Letter from Mrs Margaret Anderson, 30 Dunnet Avenue, Glenmavis, Airdrie Letter from Mr James Walsh, 83 Coatbridge Road, Glenmavis, Airdrie Letter from Mr Jim cook, 1 Grantown Gardens, Glenmavis, Airdrie Letter from Mrs Joanne Ramsay, 22 Balmoral Avenue, Glenmavis, ML6 OPY Letter from Mr John McDougall, 90, Balmoral Avenue, Glenmavis Letter from Mrs Christine Mcdougall, 90 Balmoral Avenue, Glenmavis, Airdrie Letter from Mrs Valerie Kennedy, 28 Meldrum Mains, Airdrie, ML6 OQG Letter from Mrs Edith Mclntyre, 2 Tiree Gardens, Glenmavis, ML6 OQA Letter from Mr John Black, 80 Balmoral Avenue, Glenmavis, Airdrie Letter from Glenmavis Community Council, C/o Mrs M Croall, Secretary, 53 Woodhead Crescent Letter from Mr Scott Clark, 74 Luing, Airdrie, ML6 8ED Letter from Mr Glen Rankin, 1 Glenwell Street, Airdrie, ML6 ONH Letter from Ms Marion Irwin, 6 Grantown Gardens, Glenmavis, Airdrie Letter from Mrs M. Croall, Secretary, Glenmavis Community Council, 53 Woodhead Crescent Letter from Mr Gordon Young, 440 Carntynehall Road, Glasgow, G32 61h Letter from Miss Elizabeth Milliken, 14 Grantown Gardens, Glenmavis, Airdrie Letter from Mr Scott Bryce, 30 Wellside Avenue, Airdrie, ML6 6PB Letter from MRS Heather MCDougall Walsh, 83 Coatbridge Road, Glenmavis, Airdrie Letter from Miss Elizabeth Milliken, 14 Grantown Gardens, Glenmavis, Airdrie Letter from Mr Herbert Kirkham, 82 Balmoral Ave, Glenmavis, Airdrie Letter from Mrs Carol Randall, 86 Balmoral Ave, Glenmavis, Airdrie, North Lanarkshire Letter from Mr John Thomson, 2 Grantown Gardens, Glenmavis, Airdrie Letter from Miss Sharon Comrie, 68 Balmoral Avenue, Glenmavis, Airdrie Letter from Mr Jim Rankine, 1 Virtue Well View, Glenmavis, Airdrie Letter from Mr Keith Mclntyre, 49 Meldrum mains, Glenmavis, ML6 OQQ

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr William Shand at 01236 812231

Report Date:

9th 201 1

92 APPLICATION NO. 11/00128/FUL

REPORT

I. Site Description

1.I Planning permission is sought for the erection of a two storey detached replacement dwellinghouse at 78 Balmoral Avenue, Glenmavis. Currently the site is vacant but recently a single storey detached bungalow was sited within the plot. The previous dwelling was destroyed in a fire and this proposal is to provide a replacement dwelling for the family. The site is located within a residential cul-de-sac which has a predominance of single storey properties but also has two other two storey dwellings. The surrounding area has a mixture of styles and heights of properties.

2. Proposed Development

2.1 The application is for the construction of a two storey dwellinghouse with an attached single storey garage. The dwelling would be built on the same footprint as the previous bungalow but would increase in height and add another storey. The additional storey would give provision for 3 bedrooms. The materials to be used on the building would include off white dry dash render with a buff stone skirt and buff quoins on the external corners. Gray coloured concrete roof tiles would be applied to the roof and white UPVC window frames would also be installed on the main building. The proposed materials would match with other dwellings within the immediate estate although the stone quoins would be a unique feature to this particular dwelling. As the dwelling would be rebuilt in the same footprint as the destroyed bungalow the parking provision and open space standards within the plot would remain unchanged from the previous dwelling.

3. Site Historv

3.1 Planning permission was approved in 2003 for the erection of a single garage to the side of the previous dwelling (03/01236/FUL). A similar garage would be provided on the new proposal.

4. Development Plan

4.1 The application raises no strategic issues and therefore can be assessed under the terms of the local plan.

4.2 The site is designated as HG9 (Housing Policy for Existing Residential Areas) within the Adopted Monklands District Local Plan 1991.

5. Consultations

5.1 No consultations were undertaken as part of this application.

6. Representations

6.1 Following the standard neighbour notification procedure 30 letters of representation were received. This included 16 letters of objection of which one was from the Glenmavis Community Council and 14 letters of support.

6.2 The points of objection include that the proposal is contrary to Policy DSP 4 of the Finalised Draft North Lanarkshire Local Plan in that it would cause a loss of daylight, sunlight and privacy to neighbouring properties and that the building, due to its increased height and scale, would be out of character with the area. The proposal is also considered a departure from the design of the existing residential estate, does not match the previous building and there is a concern that a two storey property would bring noise and disturbance.

93 The points of support include that the new dwelling would add value and character to the street as it is of good design, provides for the needs of the family and fits into the plot. Also they consider that the layout of any residential area includes different house types and that the original design of this estate has been changed through the introduction of different materials on another property. The supporting comments also include that there are already a variety of heights and styles of properties in the surrounding area. It should be noted that a significant proportion of the letters of support are from individuals who do not reside in the immediate vicinity of the site.

Plannina Assessment

Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is of no strategic importance the relevant development plan would be the Adopted Monklands District Local Plan 1991.

Development Plan: Adopted Monklands District Local Plan 1991: The relevant policy with regards to this site is Policy HG9 (Housing Policy for Existing Residential Areas) which states that development should not adversely affect the amenity of the area and should generally accord with the relevant design guidance. In this instance should the proposal not detract from the residential amenity of the area and generally accord with the relevant design guidance then it would be considered to accord with the development plan. In short, the development is not considered detrimental to residential amenity and the detailed consideration of this is given in the following sections.

The design guidance on infill housing (as contained within the local plan) is a material consideration however it would be less relevant in this instance given that there was an existing house on this site recently which was destroyed by fire. In particular this guidance states that:

0 The size and shape of the plot should be similar to surrounding plots in order to provide consistency, 0 The new house should have a size of rear/ private garden ground appropriate for the type of house with a minimum standard of 9 metres in length. 0 In the interests of privacy, windows on rear elevations should be a minimum of 18 metres from directly facing windows of surrounding houses. 0 The erection of a new house should not result in a serious loss of landscape features such as trees, hedges etc.

In general it is considered that this proposal would accord with the design guidance in that the plot is similar in size and shape with the neighbouring plots as the footprint of the dwelling has not increased, as there is an 18 metre distance between windows and no side facing windows and as there would be no loss of landscape features. In terms of the rear garden lengths it is noted that the previous dwelling did not meet this standard and this proposal would not result in a reduction of rear garden length as the footprint remains the same. Thereby this dwelling would match the previous dwelling in terms of garden space and plot ratio and would be similar to the neighbouring plots. Accordingly it is considered that the development would accord with the Adopted Monklands District Local Plan 1991.

94 7.4 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The policy for this area remains consistent with the Adopted Monklands District Local 1991 and therefore would raise no additional considerations. Any application of this nature should also be considered against policy DSP 4 (Quality of Development). Given that the development relates to an existing house plot, the most relevant consideration within this policy would point 3 part d which states that a development should integrate successfully into a local area without causing harm to residential amenity in terms of overlooking, loss of privacy, overshadowing, noise or disturbance. As stated previously it is considered that this development would not adversely affect the residential amenity of the area and consequently would accord with this policy. The points of consideration within this policy will be addressed in the following sections.

7.5 Design, scale and layout: As this is a replacement for a previous dwelling which was destroyed recently by fire, it is considered reasonable that the application will be assessed against the previous parking and open space standards rather than the current standards. The proposed dwelling would be constructed on the footprint of the previous dwelling and thereby the open space provision would remain constant and in turn would be considered acceptable. The site also would retain two car parking spaces which matches that of surrounding houses and this is considered adequate. The design, appearance and use of materials on the proposed dwelling would be acceptable and it is considered that the dwelling would not appear out of place within this area. In terms of scale it is noted that the majority of the dwellings within the CUI- de-sac are single storey bungalows however there are two other two storey dwellings within this area (including the house to the north) as well as other higher dwellings in the surrounding area. Also the dwelling would not increase in footprint meaning that it would not dominate the street in terms of size and scale. It is therefore considered that the construction of a two storey dwelling in this location would not be out of keeping with the area and the property would integrate well within the estate.

7.6 Residential Amenity: As the property would be two storeys in height rather than a single storey there is potential for the sunlight/ daylight of neighbouring properties to be affected. Each of the neighbouring buildings will be considered in turn. Firstly 80 Balmoral Avenue is due north of the site and therefore would suffer most loss of sunlight by any development. Having carried out a sunlight/ daylight test it is noted that a portion of the front and side of the dwelling will be affected however where the sunlight and daylight would be reduced on the front of the property is currently a garage and not a habitable room. It is likely that there would be some overshadowing on the side of this property and the side garden in the middle of the day however the majority of the garden would remain unaffected. Due to the distance between the properties and their orientation this shadowing is unlikely to be significant and would be hardly any more than is currently created by the boundary fence. In terms of 76 Balmoral Avenue as this is due south of the site little to no loss of sunlight would occur. The only loss of sunlight would be apparent in the late evening and this would occur to the rear end of the dwelling. Again the majority of the garden would remain unaffected. In relation to the flats at the back it is noted after carrying out a sunlight/ daylight test that there would be no significant loss of daylight or sunlight suffered in either the gardens or the building by this proposed development. Any shadow created would predominantly fall onto the rear boundary fence. Consequently it is considered that this development would not adversely affect the sunlight or daylight of any nearby residential property.

7.7 In terms of privacy as the building would have an additional storey there is potential for overlooking of the neighbouring gardens and properties to the rear. The distance between the windows of this property and those to the rear would be at most 19.5 metres (approx.) but at least 18.2 metres (approx) which would meet the window to window distance standard as set out within the design guidance. It is considered that this development would not cause any significant overlooking issues for the gardens to the rear. The proposed property would be slightly lower than the gardens to the rear and this coupled with the boundary treatment would screen a large proportion of

95 the neighbouring gardens from overlooking. It is conceded that this development would introduce an overlooking concern that previously did not exist however given the distances between boundary, the level difference and boundary treatment this is not considered to be at a significant degree that would warrant the refusal of the application. Consequently it is considered that this development would not cause any significant privacy issues and thereby would not cause any adverse impact on existing residential amenity.

7.8 Representations: In relation to the grounds of objection the following comments can be noted:

1. Point of objection: The proposal is contrary to Policy DSP 4 of the Finalised Draft North Lanarkshire Local Plan

Comment: As stated above the proposal would not adversely affect residential amenity and therefore is considered to accord with this policy.

2. Point of objection: The proposal would cause a loss of sunlight and daylight.

Comment: See Section 7.6 above.

3. Point of objection: The proposal would cause a reduction in privacy.

Comment: See Section 7.6 above.

4. Point of objection: The building would be out of place within the area due to its height and scale.

5. Comment: Although the building would increase in height it is considered that the dwelling would still integrate well with the street given the variety of other heights and scales of neighbouring properties.

Point of objection: The proposal is a departure from the design of the existing estate.

6. Comment: The design of the building is slightly different to others on the street however the design of the property is considered acceptable and the dwelling would integrate with the existing estate. The uniformity of this cul-de-sac is also not seen as a defining aspect of the design and layout of the street given the proximity of other varieties of house types nearby.

7. Point of objection: The property does not match the previous d we1 Ii ng .

Comment: Although the proposed dwelling does not match the previous dwelling sited here this is not considered to be detrimental to either the visual or residential amenity of the area.

8. Point of objection: The development would bring noise and nuisance to neighbours.

Comment: The noise and nuisance created during the construction stage would be a temporary issue and is not considered a material consideration. It is not considered that the property would cause any significant noise or nuisance as a residential dwelling.

96 7.9 In relation to the grounds of support the following comments can be noted:

1. Point of Support: The dwelling would add character and value to the street.

Comment: It is considered that the dwellinghouse would integrate into the street and certainly would not adversely affect the character of the street.

2. Point of Support: The dwelling provides for the needs of the family.

Comment: This would not be a material planning consideration.

3. Point of Support: The dwelling fits well within the plot.

Comment: It is considered that the dwelling has adequate amenity space provision and is sited adequately within the plot so as to provide sufficient parking and not adversely affect neighbouring properties.

4. Point of Support: The layout of any residential area includes different house types and this is no different.

Comment: It is considered that this is the case and that this adds weight to the proposed increase in height of the house.

6. Point of Support: The original design of the estate has been changed through the introduction of different materials.

7. Comment: The design of the estate is not considered to be altered by the choice of materials on a neighbouring property and it is not considered that this proposal would significantly alter the general look of the estate either.

8. Point of Support: There are already a variety of heights and style of properties in the surrounding area.

Comment: This is accepted and it is considered that the varying heights and styles of other nearby properties would support the provision of a two storey dwelling here.

8. Conclusions

8.1 The proposed dwellinghouse would accord with Policy HG9 within the Adopted Monklands District Local Plan and policies HCF 1 and DSP 4 within the Finalised Draft North Lanarkshire Local Plan. The dwellinghouse is considered acceptable in scale, height and design and would not appear out of place in the street given that there are other two storey properties nearby. Given that there is no significant increase in footprint the level of private amenity space provided and the number of car parking spaces proposed are considered adequate. Although the building would be higher than the dwelling previously sited there it is considered that the residential amenity of neighbouring properties would not be significantly affected in terms of loss of daylight/ sunlight, privacy or visual amenity. It is considered that the points of objection would not raise any issues which would warrant the refusal of the application and therefore I recommend that the application be approved subject to the attached conditions.

97 Application No: Proposed Development:

11/00146/FUL Extension to Side of Dwellinghouse Site Address:

Lindsaybeg House Lindsaybeg Road Chryston G69 9HU

Date Registered:

3rd March 201 1

Applicant: Agent: Mr Richard Sharp Mr T McGuire Lindsaybeg House 12 Lonsdale Avenue Lindsaybeg Road Giffnock C hr ys to n G46 6HG G69 9HU

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 005 Strathkelvin No letters of representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey

Recommendation: Refuse

Reasoned Justification:

The design, scale and visual impact of the proposal are considered to be unacceptable and will significantly detract from the appearance of the existing dwellinghouse and the openness of the surrounding area. The proposal may set an undesirable precedent for similar future developments. The proposal does not comply with policy relating to housing extensions in the Green Belt in the adopted Northern Corridor Local Plan, 2005.

98 N Il~Ol46ffUL M Richard Sharp Lindsybeg House Lindsybeg Road Chtyston

99 Recommendation: Refuse for the Following Reasons:-

1. The proposed extension to the dwellinghouse would be an overly large and over dominant feature which would be out-of-keeping with the existing property and as a result would detract from the appearance of the dwellinghouse and from the amenity and openness of the general area; in this respect the proposed development is contrary to Policy ENV8 of the Northern Corridor Local Plan (2005) concerning extensions to existing developments in the Green Belt.

2. The proposed extension would result in a disproportionate addition over and above the size of the original dwellinghouse and as a result would detract from the appearance of the dwellinghouse and the amenity and openness of the general area; in this respect the proposed development would also be contrary to Policy NBE 3A of the Finalised Draft North Lanarkshire Local Plan and the principles of the Supplementary Planning Guidance Note for “Development in the Green Belt”.

3. That should planning permission be granted for this development an unacceptable precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications.

Backaround PaDers:

Representation Letters

None

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394.

Report Date:

11th May 201 1

100 APPLICATION NO. 11/00146/FUL

REPORT

1. Site Description

1.I The two-storey traditional detached property is situated in an area of Green Belt land to the north-west of Chryston. It is bounded by neighbouring residential properties to the west and green open space, consisting of agricultural land, elsewhere.

1.2 The property is a traditional Victorian style house with natural slate roof tiles and external walls made with both greylbuff stone and grey roughcast render.

1.3 The property is accessed by a private driveway from Lindsaybeg Road and has abundant in-curtilage parking provision. The property has a large private garden with detached outbuildings situated to the north of the dwellinghouse.

2. Proposed Development

2.1 The proposal comprises the construction of an extension to the dwellinghouse on its east facing side elevation which would more than double the footprint of the original house. The one-and-a-half-storey extension would form a sitting room (in place of an existing sitting room, hallway and conservatory which would be removed), kitchen, dining room/lounge, sun-lounge, living room, porch, utility rooms and double integral garage on the ground floor. A new garden room extension would also be constructed to the rear of the existing dwellinghouse on its north-west corner. On the upper floor of the side extension a bedroom, bathroom, dressing room and attic space would be provided.

2.2 The footprint of the dwellinghouse would be increased from the existing 161 square metres to approximately 351 square metres. It is noted that the existing outbuildings, which measure approximately 100 square metres in area would be removed as part of the proposal.

3. Site History

3.1 The relevant planning history for the application site is as follows;

0 Application 98/01431/OUT for the construction of two houses (in outline) was refused on 15'h December 1998.

4. Development Plan

4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

4.2 In the adopted Northern Corridor Local Plan, 2005, the site lies within an area covered by Policy ENV2 (Greenbelt).

5. Representations

5.1 No letters of representation have been received in relation to this application.

101 6. Planning Assessment

6.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 DeveloDment Plan Northern Corridor Local Plan, 2005: The application site is located on Green Belt land which is covered by Policy ENV2 (Greenbelt). It is noted that under Green Belt policy that the extension of existing residential properties is acceptable in principle provided that Policy ENV8 (Extending Existing Developments in the Green Belt) is closely adhered to. Policy ENV8 states that proposals for the extension of existing residential properties shall only be given favourable consideration where the proposals are consistent in scale, are well integrated with existing buildings and satisfy local planning criteria such as access, parking and relationship to adjoining land uses. It is considered that the proposed side extension is overly large, would overly dominate the existing dwellinghouse and is out-of- keeping with the character and scale of the existing house. The side extension would increase the footprint (by more than doubling it) of the existing property to create an unacceptably large house which is considered to be contrary to the Local Plan policy as consistency in scale and a well integrated development would not be achieved. In effect, the scale and the appearance of the proposed development is that of a second residential unit.

6.3 Despite complying with some standards in respect to privacy, garden ground and parking, it is considered that the proposal does not comply with Greenbelt policy because it would have an unacceptable impact on the rural amenity and character of the application site and the surrounding area. It is noted that following detailed negotiations with the applicant that he is aware of the concerns with the design and scale of the proposal however he has advised that he wishes for the application to be determined as submitted.

6.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The development is not considered to comply with Policy NBE 3A (Assessing Development in the Greenbelt) in the Draft Plan in that it does not comprise a limited extension or alteration of an existing building, results in a disproportionate addition over and above the size of the original buildings and the extensions are not of an appropriate design and scale

6.5 Supplementary Planning Guidance; ‘Development in the Green Belt’: A material consideration is the Supplementary Planning Guidance (SPG) ‘Development in the Green Belt’ which covers all varieties of development on land zoned as Green Belt. Section J ‘New Dwellings and House Extensions’ is of particular relevance. Section J5 states that extensions to dwellings in the Green Belt are generally acceptable provided that their size and scale does not prejudice the open character of the surrounding countryside and the design is consistent with the character and scale of the existing building group. Section J6 also states that an extension or succession of extensions which increase the original floorspace of the house by more than 30% are likely to form an intrusive feature in the landscape and prejudice the integrity and original scale of the dwelling. The proposal would also be contrary to the principles of the Supplementary Planning Guidance Note for Development in the Green Belt which states that an acceptable development would be a limited extension (30% increase in floor area being considered acceptable) or alteration of an existing building, provided it does not result in disproportionate additions over and above the size of the original buildings and extensions are of appropriate scale, design and materials. It is also considered that such a development would set an undesirable precedent for similar developments in the future.

102 7. Conclusions

7.1 It is considered that the proposal is of an unsatisfactory design and it would have an adverse impact on the amenity and character of the application site and the general area. The proposed extension is considered to be over dominant and out-of-keeping with the existing dwellinghouse and will have an adverse impact on the openness of the Green Belt.

7.2 The proposal does not comply with Policy ENV8 in the adopted Northern Corridor Local Plan (2005), Policy NBE 3A of the Finalised Draft Local Plan and Supplementary Planning Guidance "Development in the Green Belt".

7.3 It is therefore recommended that planning permission be refused for the reasons outlined above.

103 Application No: Proposed Development:

11/00196/FUL Retail and Residential Flatted Development (Erection of 2 Ground Floor Retail Units and 1 Hot Food Unit with 4 Flats Above) Site Address:

95 Main Street Kilsyth G65 OHN

Date Registered:

4th March 201 1

Applicant: Agent: Mr Zed Hussain Derrick Milligan 459 Paisley Road Firhill House Glasgow 1D 55-65 Firhill Road G5 8RJ Glasgow G20 7BE

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 001 Kilsyth 1 letters of representation received. Mark Griffin, Jean Jones, David Key

Recommendation: Refuse

Reasoned Justification: The proposed mixed use development is located in a prominent position within Kilsyth Town Centre and is of a design and proposes materials that would not enhance this town centre location. The proposal is contrary to Policies HG 3 and BE1 of the Kilsyth Local Plan 1999.

104 Recommendation: Refuse for the Following Reasons:-

1. The proposed development is contrary to Policy HG3 (New Housing Development) of the Kilsyth Local Plan 1999 in that it fails to meet the requirements for car parking and amenity space, and the quality of facing materials does not reflect the importance of its prominent corner location close to a Conservation Area.

2. The proposed development is contrary to Policy BE1 (Built Environment) of the Kilsyth Local Plan 1999 in that the proposed elevations, and the design and position of the windows, lack sufficient visual interest for a development on a prominent corner location close to a Conservation Area.

3. The proposed development is contrary to Policy DSP 4 of the Finalised Draft North Lanarkshire Local Plan, in that in its detailing and materials do not achieve a sufficiently high standard for a prominent corner location close to a Conservation Area, and as a consequence the proposed development does not relate well to the area in general.

4. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications.

Background PaDers:

Representation Letters Letter from Kilsyth Community Council, C/o Mrs A Drysdale, Fernlea, High Barrwood Road, Kilsyth, G65 OEE received 5th April 201 1.

Consultation Responses: Letter from SEPA received on 4'h March 201 1. Letter from Scottish Water received on 24'h March 201 1.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 6181 24

Report Date: 11th May 201 1

105 APPLICATION NO. 11/00196/FUL

REPORT

1. Site Description

1.I This application is for the construction of 2 retails units, 1 hot food unit and residential development above (4 flats) at 95 Main Street, Kilsyth. The site is currently vacant located within Kilsyth Town Centre although the site previously consisted of a two storey sandstone building. Located to the south is the Ebroch Burn, beyond which are the Kilsyth Conservation Area and the remainder of the Town Centre. To the west is a terrace of commercial units; to the north a vacant site while to the east are similar commercial units.

2. Proposed Development

2.1 The proposal is for a three storey retail and residential development. This will consist of three commercial units at ground floor level. One retail unit will be accessed off West Burnside Street, whilst the other two (one retail and one hot food unit) will be from Main Street. Residential accommodation is proposed at first and second floor levels in the form of four identical two-bedroom flats with an amenity roof terrace located to the rear. No car parking spaces are proposed.

2.2 The proposed mixed use development is of a modern design in which the residential element of the proposal, composing of two separate blocks with pitched roofs with an entrance link, resting on a larger commercial plinth. The facing materials of this commercial plinth will be mostly smooth face reconstituted stone blocks (no colour identified on elevational drawings) with aluminium shopfronts. The flatted development comprises of dark grey cladding panels and aluminium windows with an aluminium profiled clad roof, while the entrance link will be finished in a smooth bluelgreen pastel render. Although the proposed materials have been on the proposed elevations, no detailed information or samples have been provided in relation to specification or exact colours of the proposed materials.

3. Applicant’s Supportina Information

3.1 The applicant has provided a planning statement in support of the proposed mixed use development. This document offers applicant’s justification for the proposed design and finish of the development. Regarding massing, it is applicant’s view that there is a reduction when compared to the previous proposal (09/00904/FUL) due to the upper section being split by the central entrance core and by changing the direction of the roofs. With reference to the design, the applicant considers that the basis of the design was to create two ‘floating’ boxes above a solid base of the shop units. The applicant iterates that the materials are proposed to reflect the contemporary design of the development.

4. Site Historv

4.1 The relevant planning history of the application site is as follows:

0 07/00786/FUL Construction of 3 Retail Units and Office Accommodation - Approved 1!jth November 2007. 0 09/00904/FUL Construction of 3 Retail Units, a Hot Food Take Away and Office Accommodation - Approved 16‘h October 2009.

5. Development Plan

5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

106 5.2 The site is covered by Shopping and Commercial Policies SC1 and SC5 in terms of the Kilsyth Local Plan 1999.

6. Consultations

6.1 A summary of comments from the consultees is as follows:

i. SEPA refers to standing advice applicable to this type of small-scale local development. ii. Scottish Water have no objection to the proposed mixed use development.

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, one letter of representation has been received from Kilsyth Community Council. The community council raise concerns relating to height of the development, visual impact, roofscape, proposed materials, additional fast food element and loitering.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 DeveloDment Plan: Kilsyth Local Plan 1999: The local plan zones the application site as Town Centre in which policies SC1 and SC5 apply. Due to the nature of the development Housing polices (HG1 & HG3) and Built Environment policy (BEI) will also be relevant. Policy SC1 states there is a presumption in favour of new shopping development in Kilsyth town centre. This proposal seeks permission for two retail units to be located within the town centre which is in compliance with policy. While policy SC5 has a presumption against hot-food shops located directly below or in close proximity to residential properties. Given a hot food unit was based on the ground floor of the previous building prior to demolition and forms part of the previous planning permission (09/00904/FUL), in this circumstance it is considered that the hot food unit is acceptable. Policy HGI encourages residential re- development of vacant sites, in which this proposal adheres to. Policy HG3 refers to criteria set out for new residential development, those relevant to this proposal are site size, parking, open space and frontage. The current proposal, although acceptable in principle, fails to meet the criteria set out in policy HG3. The proposed mixed used development takes up almost the total footprint of the application site, no on-site car parking has been provided and the proposed level of open space via the roof terraced falls short of the 20 square metres per bedroom of each flat. In addition, it is considered that the quality of the facing materials to be used in the frontage in the development does not reflect the importance of this prominent corner location just outside the Kilsyth Conservation Area. It is, therefore, considered that the proposed mixed use development is contrary to policy HG3.

8.3 With respect to Built Environment, policy BE1 requires new development to be compatible with the quality of the local environment, in particular prominent locations, and will be expected to make a positive contribution to its overall design and materials. The elevations of the proposed mixed use development are bland and do not provide any interest to or feature of the corner to Main Street and West Burnside Street. The design and position of the windows do not add interest to this prominent corner location. The applicant proposes to use modern materials for the external finish of the development, however limited information has been provided on the proposed materials, e.g. no colour or profile information for the aluminium roof cladding, no colour information for the flat cladding for the principle elevations or the colour contrast for the extruded window frame at the corner of Main Street and West Burnside Street, the materiaMcolour for the windows to the flats has not been confirmed, to justification that these could be successful in this prominent corner

107 location and therefore contrary to policy BEl. It is, therefore, considered that in terms of Kilsyth Local Plan, while the proposed for the retail, hot food and residential development is acceptable in principle, the proposed design and finish of the proposal is not of a sufficiently high standard required for this prominent corner location with Kilsyth town centre.

8.4 Other Materials Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan (FDNLLP) which zones the site within RTC 1 A (Town Centre). This zoning reiterates the Town Centre zoning of the Kilsyth Local Plan 1999 and, as such, coincides with the assessment in paragraphs 8.2 and 8.3 above. With this in mind the FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policies DSP 1 and 2 are not relevant whilst DSP 3 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community. While policy DSP 4 states that development will only be permitted when design is of a high standard. Given the town centre location of the application site and the mixed use nature of the proposal, the principle of the development is considered acceptable and does not have a significantly adverse impact on the amenity of the area. This would be in keeping with the area which is characterised by retail development. With reference to DSP 3, the proposal is in keeping with the commercial nature of the area and considered to be acceptable. However, when assessed against DSP 4 the proposed design and finish of the development is not of a sufficiently high standard required for this prominent corner location with Kilsyth town centre and therefore contrary to policy DSP 4. It is considered, therefore, that the proposal is contrary to the emerging local plan.

8.5 Character and Amenity of Site: Kilsyth is currently undergoing a significant transformation with projects to regenerate the town centre by improving pathways, shopfronts and providing public amenity facilities (seating areas, etc). The site, although currently vacant, is located on a prominent corner within the town centre and just outside the Kilsyth Conservation Area. The current mixed used proposal, although acceptable in principle, is not of sufficient quality in terms of design and finish that this location requires.

8.6 Applicant’s Supporting Information: The applicant’s supporting statement has attempted to justify their choice of design and materials for the proposed mixed use development at this location. However, as discussed in detail above, it is considered that the applicant has not provided sufficient level of information to justify the merits of this proposal at this prominent corner location.

8.7 Consultations: There are no outstanding issues from the consultation responses.

8.8 Representations: In terms of the concerns raised, I would offer the following comments:

Point of Objection: The development is on the very edge of the conservation area and is to be 3 stories high which is not in keeping with the area.

Comment: It is noted that the application site is location just outside the conservation area. Regarding the three storey element, this has been approved albeit in a different built form and massing in the two previous planning applications (071007861FUL and 09/00904/FUL).

Point of Objection: The visual aspect should be more in keeping with the area.

Comment: The proposed building is of an unashamedly modern design and is not in keeping with the traditional buildings in the adjacent Conservation Area. However,

108 there is no requirement for it to do so. A building of a modern appearance could be acceptable in this location subject to a high quality design and finish.

Point of Objection: Roofscape should be more in keeping with the area.

Comment: As stated in the points above, the three storey element has previously been approved at this location and a modern design would be acceptable in principle.

Point of Objection: Traditional materials should be used.

Comment: The use of modern materials is not necessarily inappropriate at this location so long as the design justifies their use.

Point of Objection: Is there a need for another fast food outlet in the area.

Comment: The hot food element of the proposal has been discussed in detail in paragraph 8.2 above.

Point of Objection: Creation of a hot spot for teenagers to loiter.

Comment: This is not material planning consideration.

9. Conclusions

9.1 It is considered that the proposed mixed use development due to its design and finish will adversely affect this prominent corner location with Kilsyth town centre. The proposed development does not accord with the policies HG3 and BE1 of the Kilsyth Local Plan and the contrary to the Finalised Draft North Lanarkshire Plan. It is therefore recommended that the application be refused.

109 Application No: Proposed Development:

11/00243/FUL Change of Use of Open Space to Garden Ground

Site Address:

23F Braeface Road Seafar Cum bernauld G67 1HN

Date Registered:

18th March 201 1

Applicant: Agent: Mr Alastair Gemmill N/A 23F Braeface Road Seafar Cum bernauld G67 IHN

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 003 Cumbernauld South No letters of representation received. Danny Carrigan, William Goldie, William Homer, Gerald McElroy

Recommendation: Approve Subject to Conditions

Reasoned Justification:

It is considered that the visual impact of the proposal and its impact on the residential amenity of the application site and surrounding area will be acceptable. The potential impact on neighbouring residential properties is considered to be satisfactory. The proposal complies with the adopted Cumbernauld Local Plan, 1993.

110 II 1002436 UL Ph Alastair Gemmill ii

111 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawing number:- 41 559

Reason: To clarify the drawings on which this approval of permission is founded.

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

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

4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

5. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

Background Papers:

Representation Letters

None

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 616394.

Report Date:

4th May 201 1

112 APPLICATION NO. 11/00243/FUL

REPORT

1. Site Description

1 .I The application is for the change of use of an area of green open space to private garden ground within an established residential area to the north-west of 23F Braeface Road, Seafar. The grassed area of land is currently under the ownership of North Lanarkshire Council.

2. Proposed Development

2.1 The application site is approximately 42 square metres in area. It will be incorporated into the garden ground of 23F Braeface Road. It is not known what the boundary treatment around the area of land will comprise therefore further information is required by the applicant and this has been covered by planning condition.

2.2 It is noted that other similar developments have been approved at nearby neighbouring properties on Braeface Road and Berryhill Road. It is also noted that the proposed garden ground extension is to the rear of the terraced row and therefore is not easily visible from the surrounding area.

3. Site History

3.1 There is no relevant planning history for this property.

4. Development Plan

4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

4.2 In the adopted Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG4 (Residential Amenity). Under this policy developments should not be detrimental to local residential amenity.

5. Representations

5.1 No representations have been received in relation to this application.

6. Planning Assessment

6.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 Development Plan Cumbernauld Local Plan 1993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. It is considered that the proposal is not contrary to this policy and that it will have an acceptable impact on the residential amenity of the application site and the surrounding area.

6.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The development is considered to comply with Policy HCF 1A (Residential Amenity) in the Draft Plan in that it will have an acceptable impact on the residential amenity of the

113 surrounding area.

6.4 lmpact on Residential Amenity - It is considered that the area of the land that is to be converted to private garden ground is of a modest size and of limited amenity value and recreational use. The proposal, accordingly, is considered to be acceptable and will integrate satisfactorily with its surroundings. The potential visual impact of the proposal is considered to be minimal due to its positioning to the rear of the terraced row adjacent to an area of woodland to the north. The proposal will have no adverse impact on access or on road traffic matters. It is considered that the proposal would not set an unacceptable precedent for future similar developments. It is noted that other similar garden ground extensions have been approved in the surrounding area.

7. Conclusions

7.1 It is considered that the proposed garden ground extension will not have an unacceptable impact on the residential amenity of the site or the general area. The land, at present, would appear to have limited use and amenity value as public open space.

7.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. The proposal is not contrary to Local Plan policy. It is recommended that planning permission be granted for the change of use from open space to private garden ground at 23F Braeface Road, Cumbernauld.

114 Application No: Proposed Development:

11/00260/FUL Installation of Telecommunications Mast (14.9m) with Ancillary Equipment

Site Address:

Guys Meadow Stadium Old Glasgow Road Village Cum bernauld G67 2SA

Date Registered:

5th April 201 1

Applicant: Agent: Vodafone Limited Mono Consultants Vodafone House 48 St Vincent Street The Connection Glasgow Newbury G2 5TS RG14 2FN Berkshire

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 004 Abronhill, Kildrum And The Village No letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston

Recommendation: Approve Subject to Conditions

Reasoned Justification:

It is considered that the proposal will not detract from the amenity of the application site or the surrounding area and will be of an unobtrusive visual impact. The potential impact on surrounding land uses is considered to be acceptable. The proposal is not contrary to the adopted Cum bernauld Local Plan, 1993.

115 N A Vodafone Limited Gws Meadow Stadium Old Glasaow RoadVillaae Cumbernauld N Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 100,200, 300 and 400

Reason: To clarify the drawings on which this approval of permission is founded.

That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

Backaround PaDers:

Representation Letters

None

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 6 16394.

Report Date:

3rd May 201 1

117 APPLICATION NO. 11/00260/FUL

REPORT

1. Site Description

1 .I The application is for the erection of a 14.9 metre high telecommunications mast, two equipment cabinets and other associated equipment on land which is owned by but leased out by the Council.

1.2 The equipment is to be located on a grassed area adjacent to the premises of Cumbernauld United Football Club on Old Glasgow Road, Cumbernauld Village. The equipment will be situated to the west of the existing Clubhouse, to the south of the football pitch and adjacent terracing and to the north of green open space and mature trees. The nearest residential property to the proposed telecommunications equipment will be approximately 85 metres away.

2. Proposed Development

2.1 The proposed development is for the installation of a 14.9 metre high mast, two ground based equipment cabinets and associated equipment. The telecommunications mast will incorporate four antennae and two dishes which will be utilised by both Vodafone and 02.The equipment will be enclosed by a 1.8 metre high mesh fence and a 1.2 metre high retaining wall. Steps will lead up to the enclosure from the terracing of the football ground.

3. Amlicant’s Supportinn Information

3.1 The application is supported by the required Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection (ICNIRP) Public Exposure Guidelines.

3.2 Further information submitted includes detailed specification and justification, outline of general network requirements, explanation of health issues and supporting technical information. The supporting information also identified alternative sites for the proposed telecommunications equipment and provided justification for discounting these sites. Initially six alternative sites were identified within the coverage cell and these various sites were discounted for reasons such as site sharing not possible, underground services preventing installation, not providing enough coverage and the requirement for the installation of a taller mast (in excess of 17.5 metres), due to trees, which would have an unacceptable impact on visual am en ity .

4. Site History

4.1 There is no relevant planning history for the application site.

5. Development Plan 5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

5.2 The application site is within the area covered by the Cumbernauld Village Plan, 1993. In the Cumbernauld Local Plan 1993, the site lies within an area covered by Policy EN12 which states that any positive measures to improve the physical environment of the Village will be supported. There are no specific

118 telecommunications policies in either the Cumbernauld Village Plan or the Cumbernauld Local Plan.

6. Consultations

6.1 No consultation responses were requested in relation to this application.

7. Representations

7.1 No representations have been received in relation to this application.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 Development Plan Cumbernauld Local Plan 1993 and Cumbernauld Village Plan 1993: Policy EN12 in the Local Plan is applicable in this case which seeks to improve the physical environment of the Village. There are no specific telecoms policies in the Cumbernauld Local Plan or the Cumbernauld Village Plan. Accordingly the proposed development must be considered on its merits in terms of the local environment. The site location and acceptable design of the proposal make this development environmentally acceptable and it is considered that the telecommunications equipment will not have an adverse impact on the environment and character of the Village. Amenity matters are covered in 8.5 below.

8.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The application site is covered by Policy HCF 1B (Community Facilities) in the Draft Plan. The development is considered to comply with this policy in that it will not have an unacceptable impact on the amenity of the surrounding area or on local community facilities such as the adjacent football ground. Furthermore, as detailed in paragraph 8.4 below, adequate site selection support has been provided. Policy EDI 3 (Assessing Utilities Development) is also relevant to the assessment of the application. This policy states the telecommunication installations would only be acceptable provided that there are no alternative sites; it is unable to share with any existing facilities and the development is sited and designed so as to minimise its visual and environmental impact. Supplementary information has been provided on site selection including the disadvantages of alternative sites. In this context the proposal is considered to be acceptable.

8.4 National Telecommunications Policy: Planning Advice Note 62 (Radio Telecommunications) states that radio telecommunications have an important role to play in supporting the further social and economic development of Scotland. To ensure acceptability of such developments high standards of design and location should be sought. Scottish Planning Policy (Communications Infrastructure) supports telecommunications development where it has been demonstrated that careful consideration of all siting and design options has been undertaken. The applicant has demonstrated that six alternative sites were considered for the siting of the equipment however due to various reasons, discussed in paragraph 3.2 above, these were discounted. The intention is that the telecommunications equipment should become an accepted and unobtrusive feature of urban and rural areas where careful siting and design can reduce visual intrusion and play a part in allaying public concerns. It is considered that the proposal complies with national policy.

8.5 Effect on Local Amenity: It is considered that the proposed equipment will be of an unobtrusive visual impact as it is set back from Old Glasgow Road within the grounds

119 of a local football club. It is considered that the proposal is not detrimental to the amenity of the local area or on the local football ground which is considered to be a valued local community facility. The equipment will be situated an adequate distance from nearby residential properties (approximately 85 metres). Whilst it is accepted that such structures are not necessarily aesthetically pleasing they are not considered to be overly obtrusive in nature especially in this case where the visual impact is reduced by surrounding trees and the proposed siting of the equipment is sensitive to the surrounding area.

8.6 Applicant’s Supporting Information: It is considered that the applicant has satisfied the criteria set out in both SPP and PAN 62 in that consideration and assessment has been undertaken in the siting and design of the telecommunications pole and associated apparatus to achieve acceptability and minimal impact. A certificate of Declaration of Conformity with ICNIRP Public Exposure Guidelines has been provided by the applicant. It is considered therefore that the impact of the proposed development on nearby residential areas is acceptable.

9 Conclusions

9.1 It is considered that the proposal will have an acceptable impact on the amenity of the surrounding area, on local residents and on the adjacent football ground. It is noted that the proposed equipment is not of an overly obtrusive appearance and will be effectively screened by adjacent trees. The location of the proposed equipment is considered to be acceptable and it is an adequate distance away from residential properties. No road visibility or access concerns are raised by the proposal. It is accepted that this site represents an appropriate option for the siting of such equipment and will contribute to improving mobile phone coverage in the surrounding area. It is considered that the proposal will not have a detrimental impact on the character and amenity of Cumbernauld Village.

9.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the erection of the telecommunications apparatus at Guys Meadow Stadium, Old Glasgow Road, Cumbernauld.

120 Application No: Proposed Development:

11/00279/FUL Change of Use From Class 1 Retail Unit to a Hot Food Takeaway

Site Address:

38 Caledonian Road Wishaw ML2 8AR

Date Registered:

29th March 201 1

Applicant: Agent: Mr lrshad Hussain N/A 29 Wellview Drive Motherwell

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw 11 letters of representation received and Clare Adamson, Samuel Love, Frank McKay, One petition containing 145 signatures. John Pentland,

Recommendation: Refuse

Reasoned Justification:

The proposed development fails to meet the criteria set out in Policies RTL5, RTLll and TRI 3 of the Southern Area Local Plan and Policies RTC 1A and RTC 3A of the Finalised Draft North Lanarkshire Local Plan. The proposal cannot be accommodated without detriment to the surrounding town centre area in terms of amenity and traffic impact.

121 Recommendation: Refuse for the Following Reasons:-

1. The proposal is contrary to Policies RTL5, RTLI 1 and TRI 3 of the Southern Area Local Plan (2008) and RTCl A and RTC 3A of the Finalised Draft North Lanarkshire Local Plan in that it would pose a significant hazard to traffic and pedestrian safety due to the resultant on street parking and would exacerbate the existing difficult relationship between a bus stop and pend located adjacent to the site.

2. The proposal is contrary to Policies RTL5 and RTLl1 of the Southern Area Local Plan (2008) and RTCI A and RTC 3A of the Finalised Draft North Lanarkshire Local Plan in that the proposal would have a significant negative impact on the amenity of the adjacent residential dwellings by virtue of noise, fumes and general disturbance.

122 Backnround Papers:

Representation Letters

Letter from S Parnez, Madras Cottage, 65 Caledonian Road, Wishaw, ML2 8AP received 6'h April 201 1. Letter from David Richards, 27 Steel Street, Wishaw, ML2 8AS received 6'h April 201 1. Letter from Lesley McFarlane, 97 Russell Street, Wishaw, ML2 7AP received 6'h April 201 1 Letter from John Conetta, 16-18 Caledonian Road, Wishaw, ML2 8AR received 13'h April 201 1 * Letter from Derek Slaven, 90 Caledonian Road, Wishaw, ML2 8AR received 6'h April 201 1. Letter from Mr Robert Smith, Flat 1/1, 63 Caledonian Road, Wishaw ML2 8AD received 12'h April 201 1. Letter from China Inn, 76-78 Caledonian Road, Wishaw, ML2 8AR received 12'h April 201 1. Letter from Chinese Noodle Bar, 36 Caledonian Road, Wishaw, ML2 8AR North Lanarkshire received 6'h April 201 1. Letter from Kenneth MacMillan, Anglers Attic, 55 Caledonian Road, Wishaw, ML2 8AP received 12'h April 201 1. Letter from M Lansborough, 40 Caledonian Road, Wishaw, ML2 8AR received 21" April 201 1. Letter from Mr Kash Waz, 53 Caledonian Road, Wishaw, M12 8AP received 12'h April 201 1.

Petition of 145 signatures received 20thApril 201 1

Consultation Responses:

Transportation (Southern) received 4'h May 201 1 Environmental Health (including Pollution Control) received 27'h April 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17

Report Date:

13'h May 201 1

123 APPLICATION NO. 111002791FUL

REPORT

1. Site Description

1 .I The application site is a small, vacant, ground floor retail unit within a traditional two storey tenement style property located on Caledonian Road just south of Wishaw Cross. Immediately to the south west of the property is a covered pend, which gives vehicular access to a common parking area to the rear. Immediately to the front of the property is a bus stop. Adjacent the property site to the south west is a baker shop and to the north east the property is adjoined by JO Noodle Bar (Cafe/Restaurant). The established pattern of development within the area is commercial use on the ground floor, with residential or office use above. There is no dedicated parking facilities within the site boundary, although there is a public car park located to the south of the site further along and on the opposite side of Caledonian Road. It is not proposed that the communal parking area to the rear would be used as parking for the takeaway. The trading hours for the takeaway have not been indicated.

2. Proposed Development

2.1 Planning permission is sought for the change of use of a retail unit to a hot food take away. No external alterations are proposed.

3. Awlicant’s Supportina Information

3.1 None.

4. Site Historv

4.1 There have been two previous applications for hot food takeaways at the above address which have been refused by the Planning Authority on each occasion. Application reference 154/94 (Refused - 31/03/94), was refused on grounds that the proposed development would encourage on-street parking at Caledonian Road in the vicinity of a bus stop to the detriment of public safety. This proposal was then dismissed at appeal (06/12/94), where it was added that the proposal would also have a significant negative impact on the amenity of the flat above the site. Application reference 98/00602/FUL (Refused - 19/04/99), was refused on grounds that the proposed development would encourage on-street parking at Caledonian Road in the vicinity of a bus stop to the detriment of public safety and that the proposed development would be liable to give rise to the generation of fumes, noise and general disturbance which would be detrimental to the amenity of adjacent residents. The latter decision was not appealed by the applicant.

5. Development Plan

5.1 The site is zoned as RTL5 (Town Centre Areas) in the Southern Area Local Plan (2008).

5.2 The site is zoned as RTCI A (Town Centres) in the North Lanarkshire Local Plan Finalised Draft (2009)

6. Consultations

6.1 Transportation have raised concerns that the nature of the business (Hot Food Takeaway) is likely to result in an increase in vehicles parking on Caledonian Road in the immediate vicinity of the premises, in contravention of the existing Traffic Regulation Order which restricts waiting and loading along this length of road.

124 6.2 Pollution Control have indicated that they would not object to the proposal, however have made recommendations in relation to noise and odours associated with the development.

7. Representations

7.1 11 letters of representation and a petition with 145 signatures have been received following the neighbour notification and press advertisement procedures. The points of which can be summarised as follows:

I. The bedroom windows of the flat above the proposed takeaway would be directly above the kitchen and front and rear entrances of the shop. The development would have a negative impact on the amenity of the residents of the property above. This proposal would also add to the already negative impact of noise disturbance caused by members of the public, particularly when the pubs close. Owners of residential properties in town centres should not be prepared to accept a lower standard of amenity than in a housing estate. II. At the rear of the premises there is an area approximately 4ft by 4ft, which would be insufficient space for a bin store, and, anything located here would impede the sole entrance to the flat above the shop. Ill. The proposal would result in the increase in on street parking to the front of the shop, which in conjunction with the impact this would have on vehicles entering and exiting the pend and the bus stop located directly outside the shop would have a negative impact on vehicular and pedestrian safety. IV. There are already 7 hot food takeaways within approximately 150-200m on Caledonian Road. Another hot food takeaway is therefore not required on Caledonian Road. A shoe shop or other type of retail premises would add value in meeting the needs of the community. The proposal would have a negative impact on the existing shops trying to survive in the current economic climate.

8. Planninn Assessment

8.1 In accordance with Section 25 of the Town 8, Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is zoned as RTL5 (Town Centre Areas), Policies RTLI 1 (Assessing Applications for Bad Neighbour Developments) and TR13 (Assessing the Transportation Implications of Development) are also relevant to this proposal. A material consideration is the Finalised Draft North Lanarkshire Local Plan. Policies RTCI A (Town Centres) and RTC 3A (Bad Neighbour Development) are relevant to this application.

Adopted Local Plan

8.2 Policy RTL5 (Town Centre Areas) seeks to protect and enhance town centre’s retail and commercial function. Non retail uses are acceptable where they reinforce and revitalise Town Centres. This policy allows hot food uses to be located within town centre areas so long as there is no adverse impact upon the character or amenity of Town Centre Areas and they accord with the provisions of Policy RTLI 1 (Assessing Applications for Bad Neighbour Development). While there are 2 restaurants with takeaway facilities, 2 hot food takeaways and a 2 sit in cafes on Caledonian Road it is noted that there is a good mixture of varied retail uses within this stretch of Caledonian Road and the wider town centre area. As such, the proposal would not represent an ‘overprovision’ of this type of development. From this perspective the proposal would not be contrary to policy. However although the amenity of the residents in the wider area is already affected by the nature of the location it is considered that due to the proximity of this site to existing flats the development

125 would unacceptably affect the amenity of the residents at this location within the town centre. The development would result in the unacceptable generation of fumes, noise and general disturbance out-with normal business hours to the detriment of the amenity of adjacent residential properties. The property which would be most directly affected by the hot food takeaway would be No. 40 Caledonian Road which is located directly above the property site. The front and rear bedroom windows of this property would be located directly above the kitchen and front and rear entrance/exits of the shop. It was indicated in the previously dismissed appeal that the current owner of the flat would not consent to an external flue to be erected to the rear of the property. The owner of this flat has verbally indicated on more than one occassion that consent for an external flue at this location will not be given. While the ownership of properties and legal disputes are not material planning considerations, the requirement for a flue is material to this application and would be subject to conditions if the current application was approved, in this instance there is cause to believe, based on the comments of the objector, that such conditions could not then be fulfilled. Under such circumstances it would not be reasonable to impose such conditions. The absence of a flue would result in odours and fumes associated with the hot food takeaway not being removed properly from the property and would have a significant negative impact on the amenity of the neighbouring residential properties, as well as potentially contravening Environmental Health Legislation and would be contrary to the advice received by Pollution Control. The increased activity during unsocial hours and noise generated by the hot food takeaway would also have a significant negative impact upon the amenity of the adjacent residential properties above taking into consideration the location of the bedroom windows. A final consideration is the previous refusals and dismissed appeal for a hot food takeaway at the current site detailed in paragraph 4.1 as there has been no change in circumstances since these decisions. Taking the above comments into account it is considered that a hot food takeaway at this site would be significantly detrimental to neighbouring residential dwellings by virtue of noise, fumes and general disturbance and as such is considered to be contrary to Policy RTL 5.

8.3 RTLI 1 (Assessing Applications for Bad Neighbour Development) lists several criteria to be taken into consideration in assessing such applications, including; the impact of the proposal on the character and amenity of the adjoining properties and surrounding environment; the provisions made for vehicular access, servicing, parking, and the proposal’s impact on pedestrian safety and traffic circulation. As has been discussed in paragraph 8.2 above, it is considered that the introduction of a hot food takeaway at this location would adversely affect the amenity of the adjacent residential properties by virtue of noise, fumes and general disturbance and, as such, it is considered to be contrary to Policy RTL 11. Traffic issues are considered below in paragraph 8.4.

8.4 Policy TR 13 requires an assessment of the level of traffic generated from the proposal, the impact that the development will have on the road network and the provisions made for access, parking and vehicle manoeuvring. As has been indicated in paragraph 6.1 Transportation have raised concerns in relation to the current proposal. It is considered that a hot food takeaway at this location would result in an increase in on street parking which would not only contravene the existing traffic restrictions in place but would also be detrimental to pedestrian and vehicular safety due to the close proximity to the adjacent bus stop and pend. The increase in on street parking would likely result in buses being unable to park at the pavement edge due to parked vehicles. Another consideration is the adjacent pend. It is considered that the current relationship between the adjacent pend and bus stop is difficult at present as any buses or parked vehicles restrict the visibility of vehicles entering and exiting the pend. It is therefore considered that an increase in on street parking at this location would exacerbate this problem further. Finally in relation to the previous refusals and appeals discussed in paragraphs 4.1 and 8.2, there has been no change in circumstances since the most recent refusal in (S/98/00602/FUL). While it was noted in the previous refusal that circumstances had changed slightly from 1994 (154/94) in that additional off street parking was now available on the opposite side of

126 Caledonian Road, this was not considered sufficient to justify approval of the application in terms of traffic congestion, road and pedestrian safety. Taking the above into account it is considered that the current proposal would be contrary to Policy TRI 3.

Finalised Draft North Lanarkshire Local Plan

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan. Policies RTC 1A (Town Centres) and RTC 3A (Bad Neighbour Developments) are relevant to this application. Policy RTC 1A indicates that the Council will protect the network of centres as the continuing focus of retail, leisure, civic and community uses and Policy RTC 3A indicates that planning permission will only be granted for potential Bad Neighbour developments where it can be demonstrated by the applicant that amenity would not be adversely affected. As has been discussed in paragraphs 8.2 - 8.4 it is considered that the proposal would have a significant negative adverse impact on amenity and traffic within the surrounding area and, as such, the proposal is considered to be contrary to Policies RTC 1A and RTC 3A.

Consultations

8.6 In terms of the consultation responses in relation to the comments raised by Protective Services, should the Committee be minded to approve the application, conditions would be required relating to noise restrictions for ventilatiodair conditioning equipment and the mechanism for the extraction of fumes from the premises.

Representations

8.7 In response to the points of representation I would comment as follows:

I. It is agreed that the proposal would have a significant negative impact on the amenity of the flat directly above the shop as has been discussed in paragraphs 8.2 -8.4. As has been addressed in paragraph 8.2 and 8.3 it is considered that the noise generated from the takeaway, particularly late at night would have a significant impact on the amenity of the flat above the shop. However, as has been indicated in paragraph 8.3 above, it is considered that in this particular situation the proposal would represent a significant negative impact on the amenity of the surrounding residential properties. II. A bin store has not been indicated on the plan submitted; however any impact on access to the flat would not be considered a material planning consideration. Ill. As has been indicated in paragraph 8.4, it is agreed that the proposed hot food takeaway would have a significant negative impact on road and pedestrian safety on Caledonian Road. IV. As has been indicated in paragraph 8.2 there is a good mixture of varied retail uses within this stretch of Caledonian Road and the wider town centre area and, as such, the proposal would not represent an ‘overprovision’ of this type of development and from this perspective the proposal would not be contrary to policy. The negative impact of a proposal on neighbouring businesses in relation to competition is not a material planning consideration.

9. Conclusions

9.1 In conclusion, it is considered that the proposed development fails to meet the criteria set out in Policies RTL5, RTLll and TR13 of the Southern Area Local Plan and Policy RTCI A and RTC 3A of the Finalised Draft North Lanarkshire Local Plan in that the proposal would be detrimental to the amenity of neighbouring residential properties by virtue of noise, odours and general disturbance and would have a

127 significant negative impact on road and pedestrian safety. The proposal would result in vehicles parking on-street on a busy main road. Also the difficult relationship between a bus stop and pend, located adjacent to the site, would be exacerbated by the extra on street parking. The proposal cannot be accommodated without detriment to the surrounding town centre area in terms of amenity and traffic impact. On this basis and taking into consideration previous refusals at this location, it is recommended that permission be refused.

128 Application No: Proposed Development:

11/00301/FUL Part Change of Use of Dwelling to Form Retail Floorspace of Associated Class 1 Retail Unit and Installation of New Shop Front and Installation of ATM Site Address:

54 - 56 Castlehill Road Overtown Wishaw ML2 OQS

Date Registered:

21st March 201 1

Applicant: Agent: IN1 Enterprises J Kerr McDougall Ltd 159B Netherton Road Unit 27 Wishaw Carfin Ind Est Mot herwel I MLI 4UL

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw Ten letters of representation received Clare Adamson, Samuel Love, Frank McKay, and a petition containing 132 signatures. John Pentland,

Recommendation: Refuse

Reasoned Justification:

The proposed development fails to meet the criteria set out in Policies RTL4 and TRI 3 of the Southern Area Local Plan 2008. The existing shop currently operates at a parking deficit and the inclusion of additional retail floorspace would increase the requirements for parking, which cannot be satisfactorily met, to the detriment of road safety.

129 Playing Field

T I Petition also received with 132 Signatures

PLANNING APPLICATION 1 I / 00301 I FUL Produced by krth Lanarkshire Council Planning and kwronmem kpartmm, Part Change of Use of helling to Form Retail Floorspace of Associated Class 1 Retail Unit and Installation of New Shop Front and Installation of ATM

54 - 56 Castlehill Road, Overtom, Wishaw, ML2 DQS A *I01698 274274 Representation Cx 01698 403053 5k 1 m I Recommendation: Refuse for the Following Reason:-

1. The proposed development is contrary to Policies RTL4 and TR13 of the Southern Area Local Plan 2008 due to the site's inability to provide the required off street car parking, in a satisfactory manner to serve the site. The existing shop currently operates at a parking deficit and the inclusion of additional retail floorspace and increased hours of opening would lead to an increase in the demand for car parking and servicing increasing on street parking on Castlehill Road to the detriment of road safety, pedestrian safety and traffic flow.

Backaround Papers:

Representation Letters

Letter from Miss Amanda Ferguson, 47 Bartonhall Road, Waterloo, Wishaw received 13'h April 201 1. Letter from Mrs Roberta Hutton, 84a Main Street, Overtown, Wishaw received 14'h A ril 201 1. Letter from lsabel & Greg Russell, 30 Birkshaw Tower, Wishaw, ML2 OLX received 6ph April 201 1. Letter from Mr Neil & Marion Cuthbertson, 9 Birkshaw Tower, Wishaw, Lanarkshire received gthApril 201 1. Letter from Mr Peter Smellie, 55 Castlehill Road, Overtown, Wishaw received 1lth April 201 1. Letter from Councillor John Pentland, Member Services, Civic Centre, Motherwell received 31'' March 201 1. Letter from Mr Stuart Smith, 53 Castlehill Road, Overtown, Wishaw received 1lth April 201 1. Letter from Mrs R Iqbal, 9 Hillfoot Gardens, Branchalwood, Wishaw received 2ndApril 201 1. Letter from Councillor Frank McKay, Member Services, Civic Centre, Motherwell received 30th March 201 1. Letter from Mr Graham Hall, 52 Castlehill Road, Overtown, Wishaw received 24'h March 201 1. Petition from Stewart Smith, 53 Castlehill Road, Overtown received 21st April 201 1.

Consultation Response:

Memo from Transportation received gth May 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date: gthMay 201 1

131 APPLICATION NO. 111003011FUL

REPORT

1. Site Description

1 .I The application site is a single storey shop unit with an attached dwelling to rear at 54 Castlehill Road, Wishaw. The application site is bounded by dwellings to the east, west and south and by the changing room pavilion and associated sports pitches to the north.

2. Proposed Development

2.1 Planning permission is sought for the part change of use of the dwelling and existing storage area, including staff facilities to form retail floorspace and for the installation of an ATM and new shop front. The original retail floor space of the shop extends to 50 square metres and the floorspace of the storage and staff areas is approximately 30 square metres, giving a total floorspace of 80 square metres. The current application proposes to increase the retail floorspace to approximately 87 square metres with 7 square metres of storage space and staff facilities (94 square metres total). The additional floorspace is to be achieved through incorporating the existing storagektaff areas and the kitchen and bedroom of the dwelling within the shop unit. The existing house would be reconfigured internally to provide a living room, kitchen, bathroom and a bedroom. There would be no internal link from the dwelling to the shop. The increase in retail floorspace proposed represents an increase of 74% of the original retail floorspace. Minor alterations are proposed to the shop front to create a double door with glazing at either sides of the door and an ATM machine is proposed at the western edge of the front elevation. At present there is no dedicated off street parking or service arrangements to serve the site and the current application does not propose an off street car park or off street servicing arrangements. The applicant has confirmed that the proposed hours of operation are to be 6am to 8pm, 7 days per week. The existing post office is to be maintained within the shop unit.

3. Applicant's Supportinq Information

3.1 The applicant has advised that their existing retail store at 159 Netherton Road will be utilised for additional storage purposes to serve this site.

4. Site History

4.1 Planning permission (10/01411/FUL) was refused on the 24'h February 2011 for the change of use of the dwellinghouse to a shop and for the erection of an extension to the shop to form a storage area. A total retail floorspace increase of 150% was proposed as part of this application.

5. Development Plan

5.1 The application site is designated as policy RTL6 (Secondary Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan (2008).

6. Consultations

6.1 The Transportation Section has recommended that the application be refused due to the lack of sufficient car parking. They have stated that 5 car parking spaces would be required to serve the site.

7.

7.1 Ten letters of representation and a petition containing 132 signatures has been received following the neighbour notification procedures. Councillors Pentland and

132 McKay have both submitted a letter of representation. The objections can be summarised as follows:

a. The current parking/servicing arrangements are only bearable because of the reduced hours of opening. Any increase to the hours in addition to the increased floorspace of the shop and the ATM, will adversely impact on traffic and pedestrian safety on Castlehill Road and the amenity of the neighbouring properties. b. Cars and delivery vehicles parked on the road blocking residents driveways. c. Increase in noise at night effecting the privacy and amenity of neighbouring properties with bedrooms to the front of the dwellings. d. Adverse impact on viability of the existing shops on Main Street, Overtown. e. Adverse impact on property values.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy RTLG (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan 2008. Policies RTL4 (Assessing Applications for Retail Development) and TR13 (Assessing the Transport Implications of Development) are also relevant.

8.2 Policy RTLG seeks to encourage the expansion of Class 1 retail floorspace where it can be demonstrated that such development is of an appropriate scale commensurate with the nature of the commercial area within which it is set. Policy RTL 4 (Assessing Applications for Retail Development) details criteria against which retail development proposals should be assessed and includes: the availability of suitable alternative sites in or around town centres and the provisions made for vehicular access and parking and the proposal’s impact on pedestrian safety and traffic circulation. Whilst the development is located in an area zoned as RTL6, the issue in this instance is the scale of the development within the area in which it is set. The site is bound by dwellings to the east, west and south and the proposed development would result in approximately a 74% increase in the overall retail floorspace of the unit. The staff and storage areas associated with the shop unit would decrease from 29 square metres to 7 square metres, representing a 75% decrease. This increase in retail floorspace is likely to increase the amount of pedestrian and vehicular trips to and from the site. The site currently operates at a deficit as no off street parking or servicing arrangements exist. Furthermore, there are no surrounding public car parks that could service the increased floorspace of the shop. No off street parking or servicing arrangements have been proposed as part of the application, which would result in an increase in on street parking and servicing at this site which is currently operating above capacity. No off street parking can be provided on the land at the rear, on land owner by the applicant due to inadequate access and sight lines. The area surrounding the shop is predominantly residential, with many driveways taking access onto Castlehill Road. An increase in on street car parking would lead to greater instances of cars parking in front of driveway entrances which would be detrimental to the existing residences and the residential amenity of the area as a whole. It is therefore considered that the proposed increase in retail floorspace by 74% and the inclusion of an ATM would lead to an increase in the demand for car parking facilities and there is no scope to provide adequate off street parking facilities on site. The application is therefore contrary to the detailed terms of Policies RTL4 and RTL6.

8.3 Policy TR13 requires an assessment of the level of traffic generated from the proposal, the impact that the development will have on the road network and the Drovisions made for access. Darkina and vehicle manoeuvrina. As detailed at

133 paragraph 2.1 and 8.2 above, no off street parking or servicing arrangements are proposed and the applicant is unable to provide the required standard of access road to provide a car park at the rear of the site. Furthermore the lack of service arrangements and an increase to the retail floorspace would significantly increase pedestrian and vehicular movement at the site, in addition to deliveries. The lack of satisfactory parking and servicing provision would therefore be detrimental to road safety and the residential amenity of the area. In light of the above, the proposal is held to be contrary to the criteria contained in policy TRI 3.

Finalised Draft North Lanarkshire Local Plan

8.4 The Finalised Draft North Lanarkshire Plan (FDNLLP) designates the application site as HCF 1A - Protecting Housing and Community Facilities - Residential Amenity. Policy HCF 1A has a presumption against development which is detrimental to residential amenity in primarily residential areas. However it permits development of an ancillary nature subject to impact on residential amenity and provision for servicing and car parking. As detailed in paragraph 8.2 above it is considered that the proposed increase in floorspace would adversely impact on the amenity of the adjacent residential properties by virtue of there being no provision for adequate off street parking to serve the site. The application is therefore considered to be contrary to policy HCF 1A.

8.5 In relation to the grounds of objection, the following comments can be noted:

a. The proposed hours of operation are likely to adversely impact on the immediately adjacent properties by virtue of general noise and disturbance and it is considered that the proposed increased retail floorspace and ATM would adversely impact on traffic and pedestrian safety, as detailed in paragraphs 8.2 and 8.3 above. b. The issue of cars blocking driveways has been discussed in paragraph 8.2 above. C. Residential amenity has been discussed at paragraph 8.2 above. d. The impact of the development on the commercial function of other properties is not a material planning consideration. e. Adverse impact on property values is not a material planning consideration.

9. Conclusions

9.1 It is concluded therefore that although the site is zoned as policy RTLG, it is considered that the application is contrary to the detailed terms of policies RTL4 and TR13 of the Southern Area Local Plan (2008). In particular, the existing shop at this location is currently operating at a parking deficit which creates potential road safety issues due to on street parking. The extension to the retail floorspace of the shop would only increase the requirement for parking and deliveries thereby increasing on street parking. It is therefore recommended that planning permission be refused.

134 Application No: Proposed Development:

1 1/00305/AMD Part Amendment to Residential Layout (Planning Permission 061003551FUL for 162 Dwellinghouses) (Alteration to layout at Plots 3-12, 25-32, 139-142, 152-155)

Site Address: Cavalry Park Stirling Road Kilsyth

Date Registered: 21 st March 201 1

Applicant: Agent: Taylor Wimpey N/A Cirrus Building Unit C, Ground Floor Marchburn Drive Paisley PA3 2SJ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth No letters of representation received, Mark Griffin, Jean Jones, David Key

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed changes to the previously approved layout are considered to be acceptable and to meet with relevant Local Plan policies and standards.

135 flarrwood Quarry Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That no development of any description shall be carried out within the application site until the approved flood risk mitigation scheme has been constructed and is fully operational to the satisfaction of North Lanarkshire Council as Planning Authority (in consultation with the Scottish Environment Protection Agency and British Waterways as appropriate) unless otherwise agreed in writing with the Planning Authority.

Reason: In order to minimise flood risk at the application site in the interests of the construction workforce, neighbouring residents and the aquatic environment.

3. That, with respect to Condition 2 above, detailed drawings / specifications of the proposed flood risk mitigation scheme shall be submitted to and for the approval of the Planning Authority (in consultation with the Scottish Environment Protection Agency and British Waterways as appropriate) illustrating the following elements:-

a. Proposed embankment levels. b. Cross sections through the proposed channel and embankment. C. The flow area over the embankment. d. Proposed channel route. e. Flow routes. f. Confirmation of the maximum depth of the water in the proposed channel relative to the realigned footpath and existing levels of adjacent ground to demonstrate the attainment of satisfactory levels of freeboard. g. The maintenance regime for the flood mitigation scheme. For the avoidance of doubt, the flood risk mitigation system shall follow the recommendations of Dr. J. Riddell in his report entitled Third Note on Canal Feeder.

Reason: In order that the Planning Authority might satisfy itself that the engineering details are satisfactory in the interests of flood mitigation.

4. That the approved flood risk mitigation scheme shall be maintained in perpetuity by George Wimpey West Scotland Ltd. and its successors in accordance with the details approved in accordance with Condition 3 (9) above.

Reason: In order to ensure that the flood mitigation scheme operates efficiently to minimise the risk of flooding in the interests of local residents in particular and the environment in general.

5. That all remedial measures contained within the following submitted assessments / reports shall be incorporated into the development proposals, unless otherwise agreed in writing by the Planning Authority :-

a. Ground Investigation, b. Flood Risk Assessment, C. Impact of Carnival Noise, d. Wetland Habitat Enhancement, e. Archaeological Assessment, f. Development Impact Assessment, g. Ecological Appraisal, h. Impact of Traffic Noise, i. Survey of Small Pearl Fritillary, j. Fish and Aquatic Assessment, k. Tree Survey, 137 I. Landscape Carrying Capacity Assessment, m. Sustainability Assessment.

Reason: In order to protect the interests promoted by the above mentioned assessments and reports.

6. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site respectively.

7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents.

8. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : ‘The Investigation of Potentially Contaminated Sites’ or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents

9. That any remediation works identified by the site investigation required in terms of Condition 8 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents

10. That the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. A method statement for the watching brief shall be submitted by the applicant, agreed by the Planning Authority, in consultation with West of Scotland Archaeology Service, prior to commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in writing not less than 14 days before development commences.

Reason: In the interests of local archaeology.

11. 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:- 138 (a) details of any footpath links, earth moulding and hard landscaping, grass seeding and turfing; this scheme shall include a footpath link alongside the Colzium Burn and soft engineering profiles for the altered Colzium Burn; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; this scheme shall include hedging along the Stirling Road frontage and alongside the western right of way, landscaping within the Colzium Burn overspill channel, landscaping within the attenuation areas, landscaping within the marshland open area, footpath links along the Colzium Burn and landscaping within all such areas indicated in the approved layout plan; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection (and the protection of trees on adjacent land) in the course of development. The approved tree-protection works shall be implemented before any other works commence on site, unless otherwise agreed with the Planning Authority: (d) details and full schedules of habitat creation and restoration; (e) 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.

12. That within one year of the occupation of the first dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 11 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.

13. 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; (b) details of the surface treatment of the play area including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area; (d) details of the phasing of these works.

Reason: In the interests of residential amenity by ensuring that play area provision is appropriate for the site.

14. That before occupation of the last 5 dwellinghouses within the development hereby permitted, all the works required for the provision of the equipped play area, included in the scheme approved under the terms of Condition 13 above, shall be completed.

Reason: In the interests of residential amenity by ensuring that play area provision is appropriate for the site.

15. That before the development hereby permitted starts, a management and maintenance scheme for landscaped areas, open areas, footpaths, the burn and the play area shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of residential amenity by ensuring that landscaped areas, open areas, footpaths, the burn and the play area are appropriately maintained. 139 16. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 15 shall be in operation.

Reason: In the interests of residential amenity by ensuring that landscaped areas, open areas, footpaths, the burn and the play area are appropriately maintained.

17. That within 12 months of the development hereby permitted starting the site shall be resurveyed for protected species with the report being submitted to, and approved in writing by the Planning Authority.

Reason: In order to ensure that protected species are not adversely affected by the proposed development or that appropriate measures are put in place.

18. That before the development hereby permitted starts, full details of the road and pedestrian bridge sizes and profiles shall be submitted to, and approved in writing by the Planning Authority; the bridges shall be sized and profiled to meet flood prevention, nature conservation and amenity requirements.

Reason: In the interests of road safety, nature conservation and amenity by ensuring that the road and pedestrian bridges over the Colzium Burn are large enough and are suitably profiled.

19. That roads, footpaths and junctions shall be to the full satisfaction of North Lanarkshire Council as Roads and Planning Authority.

Reason: In the interests of driver and pedestrian safety by ensuring that roads, footpaths and junctions are to an appropriate standard.

20. That the north I south running right of way at the west of the site shall be kept open at all times during and after construction works.

Reason: In the interests of pedestrian access to adjoining areas.

21. 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.

22. That before the development hereby permitted starts, full details of the design and location of all garages and bin stores 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 garages and bin stores are appropriate for the site and the general area.

23. That before the development hereby permitted starts amended details of plot 141 with a reduced depth of rear garden shall be submitted to, and approved in writing by the Planning Authority.

Reason: In order to increase the size of boundary buffer zone at this sensitive corner of the development site

24. That, except as may otherwise be agreed in writing by the Planning Authority and notwithstanding the requirements of all conditions of this consent, the development shall be implemented in accordance with drawing number:- AL(0)OI - REV R and all other drawing numbers relevant to planning consent 06/00355/FUL.

Reason: To clarify the drawings on which this approval of permission is founded.

25. That no aspect of the development shall start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority. 140 Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

26. That within 4 weeks of the last residential unit being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

27. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

28. That for the avoidance of doubt, Plot 139 hereby approved shall not be implemented unless it can be demonstrated via the discharge of all conditions of this consent that the plot can be accommodated without prejudicing the technical requirements of those conditions. In particular, reference is given to the requirements of conditions 2 - 7.

Reason: To ensure that all technical and infrastructure requirements can be satisfactorily realised.

29. That notwithstanding the terms of condition 21 above, a feature wall/fence, shall be constructed along the rear boundary of plots 3 - 12, details of which shall firstly be submitted to and approved in writing by the Planning Authority.

Reason: In the interest of amenity within the site.

Backqround Papers:

Consultation Responses:

Memo from Traffic and Transportation dated 12'h May 201 1

Contact Information:

Any person wishing to inspect these documents should contact Gordon Liddell at 01236 61 6437

Report Date: 3rd May 201 1

141 APPLICATION NO. 111003051AMD

REPORT

1. Site Description

1 .I The site comprises 11.6 hectares of greenfield land at Cavalry Park, Colzium, Kilsyth. This land contains a water course (Colzium Burn) and a large area of semi- marshland. Ground rises to the north from Stirling Road to the feeder burn which forms the western arm of the Colzium Lennox Estate. The eastern boundary of the proposed development area also runs alongside the Colzium Lennox Estate with the lower half running alongside a well wooded ornamental section of park. The upper part of this boundary is more open with the Estate curling pond and the main northlsouth footpath within a few metres of the boundary.

1.2 Just within the western boundary of the site there is a right of way which links the feeder canal path to Stirling Road. Beyond this path is an area of land used for light industrial purposes. Stirling Road bounds the site to the south with a number of residential properties and a garage opposite.

2. Proposed Development

2.1 This application by George Wimpey West Scotland is for an amendment to planning consent 06/00355/FUL for the construction of 162 dwellinghouses. Planning consent 06/00355/FUL was issued in February 2011 following completion of a legal agreement in respect to flooding matters.

2.2 By way of background, the established consent is for 162 dwellinghouses, comprising a mix of sizes and types. It is noted that plot 139 of that consent however was kept open as part of initial draft flood management proposals subsequently amended. Vehicular access to the site is to be taken from Stirling Road at the mid point of the southern boundary. For flood prevention, nature conservation and landscaping reasons, a green corridor is to be located centrally within the site following the line of the Colzium Burn. A 1.5 hectare marsh area is also retained at the south west of the site. There will be landscape buffers along the northern boundary and on the north east corner of the site. Hedging is proposed on key boundaries including Stirling Road and the western right of way.

2.3 In broad terms, the layout as approved is to remain largely the same. Along the northern boundary of the site, plot 139 would now contain a detached dwellinghouse, following advancements in the wider drainage proposals for the site. This house type has already been approved previously within the site. Associated with this change are some minor alterations to the adjacent plots, including flipping of some house types within their respective plots and the swapping of house types between 2 plots.

2.4 At the southern section of the site it is proposed to amend an internal loop road serving a number of properties, The proposed change brings the loop road behind a row of semi-detached properties (currently to the front), serving those properties from the rear and allowing a stronger frontage to Stirling Road. This results in some alterations to some surrounding plots, including an amendment to parking provisions. There will be a loss of one unit, although the remaining house types remain the same and the general nature of the layout is very similar to that already approved.

2.5 Across both elements of this amendment application, there is no increase in unit numbers and in the context of the wider site, the layout changes are relatively minor.

3. Applicant’s Supportinn Information

3.1 Detailed supporting information was submitted with the original application. This current application relates only to that approved consent. No additional supporting information has been lodged.

142 4. Site History

4.1 Planning application 06/00355/FUL for Residential Development (162 Dwellinghouses) was approved on 3'' February 201 1.

4.2 Previous to this, planning application 03/01508/FUL for the Construction of 155 Dwellinghouses and Associated Roadworks was refused by Scottish Ministers in July 2005 and planning application 98/00808/FUL for Residential Development (189 Dwellings) was refused in January 1999.

5. Development Plan

5.1 The application raises no strategic issues and can be assessed in terms of the Local Plan policies.

5.2 The site is within the Green Belt and is covered by policies GBI-4 & 6 in the Kilsyth Local Plan 1999. It is noted however that this site benefits from previous approval for residential development.

6. Consultations

6.1 The Traffic and Transportation section have recommended refusal of the application as some parking is not directly within the curtilage of, and remote from dwellings, and it is unlikely that this can be achieved within the current layout. Additional traffic calming is required for one section of the site which will also impact upon parking provision. Comments are also given in respect to parking numbers, and removing a pedestrian link to Stirling Road, close to properties at this location in order to discourage on-street parking.

7. Remesentations

7.1 No letters of representation have been received.

8. Planning Assessment

6.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

6.2 Development Plan - Kilsyth Local Plan 1999: The site is within the Green Belt and is covered by policies GBI-4 & 6. It is noted however that this site benefits from previous approval for residential development. In this respect the principle of residential development has been accepted and the amended layout should be assessed against the relevant design standards.

6.3 Policy HG3 details criteria against which new residential development should be assessed. This considers satisfactory living standards, open space standards, parking and roads requirements and impact on established residential amenity. It also notes that houses should properly front onto adjacent roads and should acceptably relate to the wider area in terms of built form.

6.4 In considering the changes at the northern section of the site, this consists of the inclusion of a dwellinghouse on a previously vacant plot. Also proposed is the flipping of some house types within their plot and swapping house types between two plots. In terms of layout, all required standards are met and the change fits naturally with the previously approved layout. The associated minor alterations to the adjacent plots are small in comparison to the wider site, are contained within the boundaries of those approved plots and meet relevant design standards. No new house types are introduced. In order to ensure that all technical requirements of the established consent are safeguarded, it is proposed to attach all previous conditions.

6.5 In respect to the changes to the southern section of the site, it is noted that this is 143 contained entirely within the previously approved footprint of development and results in one less unit. In broad terms, the concept of the scheme remains very similar, differing by a row of semi-detached properties facing onto Stirling Road now being served by a loop road to the rear (including vehicular access) rather than the front, running directly parallel to Stirling Road. While this is different to conventional layouts, it does afford an improved frontage to Stirling Road and is considered acceptable in this instance. There are some resultant amendments to adjacent plots as a result of this change, including the loss of a single unit and the redesign of some dedicated and visitor parking spaces. Overall it is considered that the amended layout satisfactory meets open space and amenity standards. While the semi- detached element is less conventional, it achieves parking standards and allows an interesting public frontage. A condition is attached requiring an improved rear boundary treatment at these plots. While the terraced properties to the north have some dedicated parking outwith the curtilage of the plots, the approved consent also contains this feature and the approach to the amended layout at this location is not significantly different. Throughout this element of the scheme, no new house types area introduced. Again, to ensure all technical aspects of the original consent are safeguarded, all conditions of that consent remain relevant here. Overall it is considered that the proposed changes satisfactorily comply with policy HG3.

6.6 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which zones the application site as HCF 2 AI (Promoting Housing Development). The zoning reflects the established consent and adds further support to this application. No new factors not already addressed in this report are raised.

6.5 Consultations: Notwithstanding comments from Traffic and Transportation, it is considered that in light of the characteristics of the wider approved scheme, these do not merit refusal of the application. The approved scheme already has elements of terraced properties, served by remote and courtyard parking. I n respect to the location of the dedicated parking spaces for the terraced properties subject of the amendment, it is noted that this does not differ significantly to the approved scheme. Similarly, the parking provision is considered satisfactory in light of the terms of the approved scheme. While the proposed houses (plots 3 -12) are afforded a stronger frontage to Stirling Road, they are set back some 12 metres and have dedicated in- curtilage parking to the rear. On balance, it is considered that this arrangement is acceptable in planning terms. It is considered that there is scope to incorporate the additional traffic calming with any subsequent minor amendments made to the layout.

9. Conclusions

9.1 Having regard to the foregoing, it is considered that the proposed amendments to the layout satisfactorily comply with relevant local plan policies and standards.

144 Application No: Proposed Development:

11/00308/FUL Erection of Canopy Site Address:

The Time Capsule 100 Buchanan Street Coatbridge ML5 IBA

Date Registered:

22nd March 201 1

Applicant: Agent: The Time Capsule Monklands Trust Ltd Dalziel Design 100 Buchanan Street 136 Motherwell Business Centre Coatbridge 136 Coursington Road MLI IDL Motherwell MLI PW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 009 Coatbridge West No representation received. James Smith, Thomas Maginnis, Paul Welsh,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed feature (covered walkway) is acceptable in terms of design, scale, height and materials and as such would not detract from the character of the building or surrounding area.

145 146 Proposed Conditions:-

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: - PLO1 and PLO2

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Bac kq rou nd Papers:

Representation Letters

No representation was received.

Consultation Responses:

Traffic 8. Transportation (Northern Area) memorandum received 1'' April 201 1.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 61 6475

Report Date:

5th May 201 1

147 APPLICATION NO. 11/00308/FUL

REPORT

1. Site Description

1.I The proposed development will connect the main entrance of the Time Capsule Monklands leisure centre to the associated car park. The site currently forms an incidental area of hard and soft landscaping and is slightly inclined towards the car park.

1.2 The application site is owned by North Lanarkshire Council and therefore the application requires to be put to the Planning and Transportation Committee under the current scheme of delegation.

2. Proposed Development

2.1 It is proposed to erect a covered walkway at the entrance of the existing Leisure Centre. The feature will be some 3 metres in height from ground level and 19 metres in length. The walk way will consist of a light grey steel canopy frame and transparent polycarbonate cover.

3. Site History

3.1 The proposal would form part of the on going improvement of the Time Capsule Monklands leisure centre.

0 09/00819/FUL Extension to Leisure Centre to Form Health Suite granted 22”d September 2009. 0 09/00868/FUL Erection of a New Tornado Tantrum Water Ride Feature to The North West Corner of The Existing Leisure Centre an5Associated External Works - 2.4m High Fenced Enclosure granted 23 September 2009.

4. Development Plan

4.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy which includes policies LR16 Retain Existing Facilities and TO3 - Exploit “The Time Capsule Monklands” in the adopted Monklands District Local Plan 1991. Policy HCFI B1 Community Facilities in the Finalised Draft North Lanarkshire Local Plan is also of relevance.

5. Consultations

5.1 Traffic and Transportation has no objections to the proposal.

6. Representations

6.1 No letters of representation received following the neighbour notification process.

7. Planning Assessment

7.1 Section 25 of the Planning etc (Scotland) Act 2006 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.

7.2 Development Plan Monklands District Local Plan 7997 the proposal would provide improvements increasing the appeal of the centre to potential visitors improving the future retention of this leisure facility. It is therefore considered that the proposal accords with policies LR16, Retain Existing Facilities and Policy T03, Exploit “The Time Capsule Monklands”

148 7.3 Other Material Considerations Finalised Draft North Lanarkshire Local Plan 2009 As this proposal represents an improvement to an existing facility it is considered that it would accord with Policy HCFI BI, Community Facilities in which the Council will maintain community well-being in residential areas by protecting the community facilities.

7.5 Design In considering the overall character of the building, the appearance of Time Capsule building would not in itself be adversely affected, especially given the unusual architectural style and fixings already on the building. It is considered that the design of the proposed walkway would continue to contribute to the current style of the building. The height, scale and materials of the proposal are considered appropriate for an extension to the leisure centre and would not be overly dominant or intrusive as it would not exceed the height of the existing buildings.

8. Conclusions

8.1 In conclusion the proposed feature (covered walkway) is acceptable in terms of design, scale, height and materials and as such would not detract from the character of the building or surrounding area, as such, the proposal is considered to comply with the terms of the adopted Monklands District Local Plan 1991 and with the Finalised Draft North Lanarkshire Local Plan.

149 Application No: Proposed Development:

11/0032O/FUL Extension to Children's Residential Care House. Site Address:

Buchanan House Buchanan Street Coatbridge ML5 IBA

Date Registered:

8th April 201 1

Applicant: Agent: North Lanarkshire Council NLC Design Services Housing and Social Work Services Philip Murray Road 73-77 Scott Street Bellshill Motherwell ML4 3PA MLI IJE Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 009 Coatbridge West No representation received. James Smith, Thomas Maginnis, Paul Welsh,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposal is considered to comply with the terms of the Monklands District Local Plan and with the draft North Lanarkshire Local Plan in that the development would not result in the loss of amenity or affect the character of the surrounding area. There are no other material considerations that would merit refusal of this application.

150 11#0320FUL North Lanarkshire Council i

151 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: - L-01, L02 (RevA), BLK-03 and SK-04.

Reason: To clarify the drawings on which this approval of permission is founded.

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

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

4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006.

5. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Backaround Papers:

Representation Letters

No representations received

Consultation Responses:

No consultations were requested.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475

Report Date:

5'h May 201 1

152 APPLICATION NO. 111003201FUL

REPORT

1. Site Description

1.1 The application site is located within an established residential area characterised by a mix of two storey flatted dwellings, and sheltered flatted accommodation. The property being extended is a modern detached single storey building. To the rear of the property lies a large car park. The extension will be located within the existing rear garden/ amenity area.

2. Proposed Development

2.1 The applicant is proposing a single storey rear extension in order to enlarge the existing children’s residential care house in Buchanan Street, Coatbridge (Buchanan House) by introducing an office, store, resource area and decking.

3. Site History

3.1 Previous planning history includes a similar extension contemporary in style 0910101 11FUL to this property which was granted planning permission 6‘h November 2009.

4. Development Plan

4.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy. The site is covered by the Monklands District Local Plan. Policy HG6 (Special Needs Housing Provision) applies in this case. This policy is supported by design guidance on residential homes and housing extensions.

5. Consultations

5.1 No other bodies were consulted on this application.

6. Representations

6.1 No letters of representation received.

7. Planninn Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

7.2 Development Plan: Policy HG6 of The Monklands District Local Plan 1991 specifies that the demand for special needs housing and in particular sheltered housing is met through the provision of appropriate dwellings. It is considered that the proposal in extending the existing children’s residential care house complies with this policy for reasons explained in paragraph 7.4 below.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not change in this plan and the development is considered to accord with policy HCFl B Community Facilities (see 7.4 below). Policy DSP4 (Quality of Development) seeks to ensure that developments are well designed and do not have an adverse impact on neighbouring amenity. The proposal complies with this policy for reasons explained in paragraph 7.5 below.

7.4 Being an extension to the existing children’s residential care house the proposed development will improve an existing facility and is considered to comply with adopted local plan policy.

153 7.5 Design of extension: The extension is an interesting and bold design with a mono inclined roof projecting and random rubble boundary wall flowing into the building interior. These materials while not matching the existing building make a significant contribution to the buildings appearance and as such are acceptable. The windows on the proposed extension are significantly above floor level and as such while facing neighbouring residential property does not result in a loss of privacy. The proposal will not result in a loss of sunlight/daylight to surrounding buildings.

8. Conclusions

8.1 The proposal being an interesting and bold design is considered to comply with the terms of the Monklands District Local Plan and with the draft North Lanarkshire Local Plan. There are no other material considerations that would merit refusal of this application. It is therefore recommend that the application is approved.

154 Application No: Proposed Development:

11/00334/FUL Installation of a 14.8m Telecommunications Pole with Associated Apparatus

Site Address:

Balloch Road Balloch Cum bernauld North Lanarkshire

Date Registered:

25th March 201 1

Applicant: Agent: Vodafone Limited Alan Osborne Vodafone House Mono Consultants The Connection 48 St Vincent Street Newbury Glasgow RG14 2FN G2 5TS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North 277 pro forma objections and 5 written Balwant Singh Chadha, Barry McCulloch, Gordon representations received (including Murray, Alan O'Brien Councillors McCulloch and Chadha).

Recommendation: Approve Subject to Conditions

Reasoned Justification:

It is considered that the proposal will not detract from the amenity of the application site or the surrounding area and will have a similar impact to that of existing street furniture in the area. The impact on neighbouring properties is considered to be acceptable.

155 N 11100334FUL Vodafone Limited Balloch Road Balloch Cumbernauld

1 ZL Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 75781 -1 01, 75781-1 02 and 75781-1 03

Reason: To clarify the drawings on which this approval of permission is founded.

3. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

5. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

Backnround PaDers:

Representation Letters

Letter from Mr John Telford, Head Teacher, Eastfield Primary School & Nursery Class, 23 Cairntoul Court received 21 April 201 1. Letter from Mr Peter McLaughlan, 8 Glen Sannox Wynd, Cumbernauld received 2gth April 201 1. Letter from Councillor McCulloch dated 3rd May 201 1. Email from Councillor Chadha dated 6'h May 201 1. Online re resentation received from Mr David Kerr, 37 Woodburn Way, Cumbernauld, G68 9BJ on 9' R May 201 1 Letter from John Duncanson, 118 Cairntoul Court, Balloch, Cumbernauld Letter from Mary Duncanson, 118 Cairntoul Court, Balloch, Cumbernauld Letter from Mrs M Daily, 114 Cairntoul Court, Balloch, Cumbernauld Letter from Thomas Gerrard, 110 Cairntoul Court, Balloch, Cumbernauld Letter from Jean E Steven, 62 Cairntoul Court, Balloch, Cumbernauld Letter from Elizabeth Prause, 58 Cairntoul Court, Balloch, Cumbernauld Letter from Carol Davis, 54 Cairntoul Court, Balloch, Cumbernauld Letter from Sharon Anderson, 52 Cairntoul Court, Balloch, Cum bernauld Letter from John Flannigan, 120 Cairntoul Court, Balloch, Cumbernauld Letter from Rosemary Cassidy, 120 Cairntoul Court, Balloch, Cumbernauld Letter from Mrs Forbes, 64 Cairntoul Court, Balloch, Cumbernauld Letter from J Irving, 60 Cairntoul Court, Balloch, Cumbernauld

157 Letter from David Irving, 60 Cairntoul Court, Balloch, Cumbernauld Letter from Claire McNamee, 56 Cairntoul Court, Balloch, Cum bernauld Letter from Robert McNamee, 56 Cairntoul Court, Balloch, Cum bernauld Letter from Peter McLaughlan, 3 Pleamuir Place, Balloch, Cumbernauld Letter from M McLaughlan, 3 Pleamuir Place, Balloch, Cumbernauld Letter from Michelle Donohoe, 5 Cairntoul Court, Balloch, Cumbernauld Letter from Lynne Heman, 7 Old Tower Road, Smithstone, Cumbernauld Letter from Louise Carroll, 11 Gartcarron Hill, Balloch, Cumbernauld Letter from Graham Strickland, 20 Glen Moriston Road, , Cumbernauld Letter from Jacqueline McMillan, 6 Glen Rosa Gardens, Craigmarloch, Cumbernauld Letter from Nicola Colquhoun & Frank Craig, 2 Grampian Way, Balloch, Cumbernauld Letter from J Conway, 70 Ben Venue Road, Balloch, Cumbernauld Letter from Katharine Ronald, 3 Glen Orchy Drive, Craigmarloch, Cumbernauld Letter from Mrs A McCleneghen, 11 Glen Orchy Drive, Craigmarloch, Cumbernauld Letter from Mrs M M Reid, 14 Green Bank Road, Balloch, Cumbernauld Letter from L Donnelly, 14 Glen Moriston Road, Craigmarloch, Cumbernauld Letter from Fiona Weir, 60 Valleyfield Drive, Blackwood, Cumbernauld Letter from Mr & Mrs M Swan, 1 Glen Sannox Way, Craigmarloch, Cumbernauld Letter from Andrea Taylor, 12 Gartcarron Hill, Balloch, Cumbernauld Letter from S Moffat, 291 Cairngorm Gardens, Balloch, Cumbernauld Letter from Paul Shiels, 41 Mosswater Wynd, Smithstone, Cumbernauld Letter from Elaine Barker, 28 Drumbowie View, Balloch, Cumbernauld Letter from Tracy McGowan, 47 Kierhill Road, Balloch, Cumbernauld Letter from Jennifer McGowan, 290 Braehead Road, Kildrum, Cumbernauld Letter from Donna Harvey, 49 Southfield Road, Balloch, Cum bernauld Letter from Lyndsay Brolly & Craig Brolly, 18 Wemyss Drive, Blackwood, Cumbernauld Letter from Lorraine Scott, 1 Tordene Path, Balloch, Cumbernauld Letter from Carol McAllen, 52 Ben Nevis Way, Balloch, Cumbernauld Letter from Scott Seivwright, 4 Clossfoot Place, , North Lanarkshire Letter from William Shirkie, 31 Binniehill Road, Balloch, Cumbernauld Letter from Adele Gibson, 15 Middlerigg Road, Balloch, Cumbernauld Letter from Robert Cruden, 14 Kierhill Road, Balloch, Cumbernauld Letter from Gemma McPherson, 14 Glen Rosa Gardens, Craigmarloch, Cum bernauld Letter from Nicola Pender, 1 Drumglass View, Croy, Glasgow Letter from Alan & Pamela Rhodes, 119 Binniehill Road, Balloch, Cumbernauld Letter from Pamela - Jane Doherty, 129 Braehead Road, Kildrum, Cumbernauld Letter from Hazel McMillan, 157 Binniehill Road, Balloch, Cumbernauld Letter from Karen Quadir, 50 Ben Nevis Way, Balloch, Cumbernauld Letter from Darren Riley, 4 Rockbank Crescent, Glenboig, North Lanarkshire Letter from Mrs R McKenna, 53 Blantyre Gardens, Blackwood, Cumbernauld Letter from Lynn Campbell, 16 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Susan McCraken, 42 Drumbowie View, Balloch, Cumbernauld Letter from Linda Reid Wilson, 95 The Auld Road, Village, Cumbernauld Letter from Julia & Stephen Connolly, 4 Bellcote Place, Carrickstone, Cum bernauld Letter from Kelly Sandhu, 10 Ben Venue Road, Balloch, Cumbernauld Letter from Carolyn Mclntyre, 5 Glen Sannox Grove, Craigmarloch, Cumbernauld Letter from Lorna Lyon, 3 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Susan Farish, 1 Wellesley Crescent, Blackwood, Cumbernauld Letter from Susan McCracken, 42 Drumbowie View, Balloch, Cum bernauld Letter from Lynn & Colin Waters, 80 Gartcarron Hill, Balloch, Cumbernauld Letter from Julie Shirkie, 31 Binniehill Road, Balloch, Cumbernauld Letter from Denise & Jamie Mullaney, 61 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Gillian Kilday, 61 Blantyre Gardens, Blackwood, Cum bernauld Letter from Mr Derek Sweeney, 158 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Derek Russell, 72 Southfield Road, Balloch, Cum bernauld Letter from A McGowan, 34 Beechwood Road, Carbrain, Cumbernauld Letter from Laura Falloon, 73 Grampian Way, Balloch, Cumbernauld Letter from Veronica & Alasdair MacDonald, 2 Kierhill Road, Balloch, Cum bernauld Letter from Owner/Occupier, 3A Castle Way, Kildrum, Cumbernauld Letter from Owner/Occupier, 26 Green Bank Road, Balloch, Cumbernauld

158 Letter from Karen Salveta, 5 Hillside, Croy, Glasgow Letter from Naria Rashid, 39 Ben Venue Road, Balloch, Cumbernauld Letter from Marion Steel, 5 Glen Lochay Gardens, Craigmarloch, Cumbernauld Letter from Donna Algie, 42 Ben Nevis Way, Balloch, Cumbernauld Letter from Ann McCulloch, 2 Kilbowie Road, Carbrain, Cumbernauld Letter from Mr & Mrs Watson, 44 Cairngorm Gardens, Balloch, Cumbernauld Letter from Morag Swan, 13B Allanfauld Road, Seafar, Cumbernauld Letter from Jacqueline Galloway, 40 Darley Road, Carrickstone, Cumbernauld Letter from Jacqueline McDonald, 8 Glen Sannox Grove, Craigmarloch, Cumbernauld Letter from E Brady, 167 Cairngorm Gardens, Balloch, Cum bernauld Letter from Amanda Harold, 11 Cawder Road, Carrickstone, Cumbernauld Letter from Alexis Whitehall, 12 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Mr & Mrs Pearson, 22 Drumbowie View, Balloch, Cumbernauld Letter from Mr Wallace, 24 Tinto Drive, Balloch, Cumbernauld Letter from Caroline Rogers, 257 Cairngorm Gardens, Balloch, Cum bernauld Letter from Linda Maginess, 32 Masonfield Avenue, Balloch, Cumbernauld Letter from Karen Oliver, 29 Kingsmuir Drive, Smithstone, Cumbernauld Letter from Mrs C Montgomery, Maple Lodge, Road, Croy Letter from Mrs O'Hara, 29 Kingshill Avenue, Blackwood, Cumbernauld Letter from Elaine Barr, 13H Mossgiel Road, Kildrum, Cumbernauld Letter from Laura & Dean Irving, 5 Pleamuir Place, Balloch, Cumbernauld Letter from Chris Munro, 165 Binniehill Road, Balloch, Cumbernauld Letter from Mrs F Kelly, 8 Glen Orchy Place, Craigmarloch, Cumbernauld Letter from Margaret Logie, Eastfield Primary School, 23 Cairntoul Court, Balloch Letter from Lucy Carnegie, 14 Cairngorm Gardens, Balloch, Cum bernauld Letter from Audrey McCracken, 20 Scott Terrace, Bainsford, Falkirk Letter from Alison McKay, 5 Hopepark Drive, Smithstone, Cumbernauld Letter from Owner/Occupier, 12 Glen Moriston Road, Craigmarloch, Cumbernauld Letter from Mr & Mrs McRae, 36 Raith Drive, Blackwood, Cumbernauld Letter from Mr Doug King, 14 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from E Kilday, 212 Cairntoul Court, Balloch, Cumbernauld Letter from Mr & Mrs Proctor, 113 Binniehill Road, Balloch, Cumbernauld Letter from A & C French, 32 Glen Moriston Road, Craigmarloch, Cumbernauld Letter from Mr Michael Kenny, 13 Cardowan Drive, Blackwood, Cumbernauld Letter from Dawn Anderson, 10 Grampian Way, Balloch, Cum bernauld Letter from John Strachan, 23 Hopepark Drive, Smithstone, Cumbernauld Letter from Mrs Lorna Holland, 6 Langdales Avenue, Balloch, Cumbernauld Letter from Kirsten Ross, 87 Binniehill Road, Balloch, Cumbernauld Letter from Mr Stephen Wallace, 3 Whitehill Avenue, Balloch, Cumbernauld Letter from Jean Killens, 87 Grangeneuk Gardens, Balloch, Cum bernauld Letter from Gary & Stella Hunter, 26 Craiglinn, Craiglinn, Cumbernauld Letter from Mr & Mrs McSheffrey, 60 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Alison & Allan Goldie, 15 Blairdenon Drive, Balloch, Cumbernauld Letter from Owner/Occupier, 181 Cairngorm Gardens, Balloch, Cumbernauld Letter from Catriona & Peter McLaughlan, 8 Glen Sannox Wynd, Craigmarloch, Cumbernauld Letter from Laura Anne Sloey, 19 Valleyfield Drive, Blackwood, Cum bernauld Letter from Roddy Wylie, 78 Glen Rosa Gardens, Craigmarloch, Cumbernauld Letter from Mr John Trotter, 56 Southfield Road, Balloch, Cumbernauld Letter from D & K Sweeney, 158 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Mr David Curtis, 20 Binniehill Road, Balloch, Cumbernauld Letter from Mr Mark Pender, 11 Drumglass View, Croy, Glasgow Letter from Mrs Karen Pirie, 18 Marmion Road, Greenfaulds, Cumbernauld Letter from Mr Robert McAllen, 52 Ben Nevis Way, Balloch, Cumbernauld Letter from Laura Nisbet, 232 Cairntoul Court, Balloch, Cumbernauld Letter from Ann Quinn, 226 Cairntoul Court, Balloch, Cumbernauld Letter from Gerald O'Reilly, 1 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Lorna Lyon, 3 Grangeneuk Gardens, Balloch, Cumbernauld Letter from L Kennedy, 7 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Lindsay Lang & Gordon Campbell, 32 Blantyre Gardens, Blackwood, Cumbernauld

159 Letter from Jacqueline Jeffrey, 3 Glen Sannox Wynd, Craigmarloch, Cumbernauld Letter from Sheila Gracie, 32 Cairngorm Gardens, Balloch, Cum bernauld Letter from Janine Bisset, 51 Ben Nevis Way, Balloch, Cumbernauld Letter from Douglas McCormick, 21 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Miss L M Christie, 3 Glen Orchy Place, Craigmarloch, Cumbernauld Letter from Lawrence Christie, 3 Glen Orchy Place, Craigmarloch, Cumbernauld Letter from Jacqueline Crosgray, Cairntoul Crescent, Eastfield , Cumbernauld Letter from Julie & Chris Neilson, 10 Kingsmuir Drive, Smithstone, Cumbernauld Letter from Karen Forrester, 84 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Kirsty McAllister, 9 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Angela Sommerville, 26 Burnhead Road, Balloch, Cumbernauld Letter from David Morrow, 46 Hopepark Drive, Smithstone, Cumbernauld Letter from Philip & Elaine O'Hara, 25 North Berwick Gardens, , Cumbernauld Letter from Gerard Frew, 112 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Owner/Occupier, 12 Tinto Drive, Balloch, Cumbernauld Letter from Jill Marshall, 160 Glen Sannox Drive, Craigmarloch, Cum bernauld Letter from Tracy McWade, 100 Cairntoul Court, Balloch, Cumbernauld Letter from Laura Patter, 86 Ben Venue Road, Balloch, Cumbernauld Letter from Mrs Lorna Holland, 6 Langdales Avenue, Balloch, Cum bernauld Letter from Alison Duncan, 21 Queens Drive, Westerwood, Cumbernauld Letter from Kirsty Divers, 71 Glen Sannox Drive, Craigmarloch, Cum bernauld Letter from Kirstine McAllister, 9 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Dereck Brooker, 63 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Elizabeth C Galley, 67 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Olive Brolly, 75 Grangeneuk Gardens, Balloch, Cum bernauld Letter from Owner/Occupier, 258 Cairntoul Court, Balloch, Cum bernauld Letter from lan MacQuarrie, 252 Cairntoul Court, Balloch, Cumbernauld Letter from Gillian Dougan, 250 Cairntoul Court, Balloch, Cumbernauld Letter from Katrina Murray, 248 Cairntoul Court, Balloch, Cumbernauld Letter from Dayna-Jayne Dale, 246 Cairntoul Court, Balloch, Cum bernauld Letter from Jacqueline Dale, 246 Cairntoul Court, Balloch, Cumbernauld Letter from James MacDonald, 54 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Owner/Occupier, 3 Cairntoul Court, Balloch, Cum bernauld Letter from L McGrattin, 126 Cairntoul Court, Balloch, Cum bernauld Letter from Deborah Leishman, 14 Glen Sannox Wynd, Craigmarloch, Cumbernauld Letter from Sharon McKenzie, 26 Birkdale Crescent, Westerwood, Cum bernauld Letter from Teresa Doggart, 18 Drove Hill, Balloch, Cumbernauld Letter from lrene James, 10 Glen Orchy Court, Craigmarloch, Cumbernauld Letter from Sharon O'Rourke, 66 Ben Ledi Crescent, Balloch, Cumbernauld Letter from Lesley Payne, 37 Binniehill Road, Balloch, Cumbernauld Letter from John McMorris, 18 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Marie Sinclair, 8 Glen Sannox Way, Craigmarloch, Cumbernauld Letter from Mr & Mrs Baxter, 10 Old Tower Road, Smithstone, Cumbernauld Letter from Susan & Lee Whyte, 6 Woodburn Way, Balloch, Cumbernauld Letter from Lynsay Connelly, 51 Glen Rosa Gardens, Craigmarloch, Cumbernauld Letter from Lorraine Newton, 5 Glen Sannox Loan, Craigmarloch, Cumbernauld Letter from Triz Hynd, 48 Ben Ledi Crescent, Balloch, Cumbernauld Letter from Deborah Adams, 7 Muirfield Road, Westerwood, Cumbernauld Letter from Michelle Barr, 11 Balloch Holdings, Cumbernauld, Letter from Alison Fraser, 5 Glen Sannox Way, Craigmarloch, Cumbernauld Letter from Richard Dill, 12 Drumnessie View, Westfield, Cumbernauld Letter from lan Hynd, 48 Ben Ledi Crescent, Balloch, Cumbernauld Letter from Tracy Martin, 1 Marywell Path, Smithstone, Cumbernauld Letter from Tracy & Stephen Land, 173 Binniehill Road, Balloch, Cumbernauld Letter from Cheryl McGrory, 49 Rose Street, , Cumbernauld Letter from Karen Sheridan, 4 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Andrew Urquhart, 67 Grampian Way, Balloch, Cumbernauld Letter from Owner/Occupier, 12 Tinto Drive, Balloch, Cum bernauld Letter from Mr & Mrs Kearton, 73 Binniehill Road, Balloch, Cumbernauld Letter from S & M Brodie, 17 Glen Luss Gardens, Craigmarloch, Cumbernauld

160 Letter from A & P Patrick, 73 Cairngorm Gardens, Balloch, Cum bernauld Letter from Sabiha Shams, 70 Glen Clova Drive, Craigmarloch, Cumbernauld Letter from Alison & Philip Smith, 10 Middlerigg Road, Balloch, Cumbernauld Letter from Avril Brown, 24 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Julie Low, 27 Binniehill Road, Balloch, Cumbernauld Letter from lsobel Robb, 33 Constarry Road, Croy, Glasgow Letter from Suzanne Armstrong, 17 Binniehill Road, Balloch, Cumbernauld Letter from Jill Ritchie, 27 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Mark Hampson & Arlene Grant, 13 Blantyre Gardens, Blackwood, Cumbernauld Letter from Sarah Jane O'Donnell, 60 Glen Douglas Drive, Craigmarloch, Cumbernauld Letter from Nicola MacDonald, 54 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Sharon MacDonald, 46 Wemyss Drive, Blackwood, Cumbernauld Letter from Karen & James Marshall, 55 Glen Fyne Road, Craigmarloch, Cumbernauld Letter from Mrs P Shaw, 33 Seafield Crescent, Blackwood, Cumbernauld Letter from Michelle & Thomas Tait, 208 Cairntoul Court, Balloch, Cumbernauld Letter from Caroline Smith, 22 Glen Lochay Gardens, Craigmarloch, Cumbernauld Letter from S Hepburn, 8 Kierhill Road, Balloch, Cumbernauld Letter from Julie & James Stewart, 13 Glen Lochay Gardens, Craigmarloch, Cumbernauld Letter from Alison Oganalp, 91 F Allanfauld Road, Seafar, Cumbernauld Letter from Annette Rae, 2 Pleamuir Place, Balloch, Cumbernauld Letter from Lesley McColgan, 86 Binniehill Road, Balloch, Cumbernauld Letter from Alison Dorans, 13 Glen Orchy Drive, Craigmarloch, Cumbernauld Letter from Dawn Pickles, 28 Glen Rosa Gardens, Craigmarloch, Cumbernauld Letter from Elaine McGregor, 19 Glen Luss Gardens, Craigmarloch, Cumbernauld Letter from Fiona McLeod, 19 Drumbowie View, Balloch, Cumbernauld Letter from Deborah Dale & Jack Brown, 7 Glen Sannox Wynd, Craigmarloch, Cumbernauld Letter from Mr & Mrs Gilchrist, 20 Croy Bank Court, Smithstone, Cumbernauld Letter from Alison Munro, 165 Binniehill Road, Balloch, Cumbernauld Letter from Chris & Melanie Russell, 66 Binniehill Road, Balloch, Cumbernauld Letter from F Buttenshaw, 38 Glen Rosa Gardens, Craigmarloch, Cumbernauld Letter from Sharon Moore, 33 Grangeneuk Gardens, Balloch, Cum bernauld Letter from Alan Knox, 35 Ratho Drive, Carrickstone, Cum bernauld Letter from Jim Killens, 87 Grangeneuk Gardens, Balloch, Cum bernauld Letter from S Moffat, 62 Ranfurly Drive, Carrickstone, Cumbernauld Letter from Lynda & Stuart Currie, 11 Drumbowie View, Balloch, Cumbernauld Letter from Cameron Reid, 137 Binniehill Road, Balloch, Cumbernauld Letter from Natalie Cochrane, 26 Broomknowe, Balloch, Cum bernauld Letter from James & Marian Burke, 8 Masonfield Avenue, Balloch, Cumbernauld Letter from Gordon & Allison McGuire, 36 Masonfield Avenue, Balloch, Cumbernauld Letter from Angela Anderson, 97 Ben Venue Road, Balloch, Cumbernauld Letter from Mr O'Hara, 29 Kingshill Avenue, Blackwood, Cumbernauld Letter from lrene McGuigan, 19A Woodburn Way, Balloch, Cumbernauld Letter from Mr & Mrs Proctor, 113 Binniehill Road, Balloch, Cumbernauld Letter from Brian K Wright, 10 Binniehill Road, Balloch, Cumbernauld Letter from Lesley & William Bradley, 10 Tordene Path, Balloch, Cumbernauld Letter from Helen & Greg Brass, 53 Cardowan Drive, Blackwood, Cumbernauld Letter from Helen Julie Conway, 10 Glen Orchy Drive, Craigmarloch, Cumbernauld Letter from Mr & Mrs K Marlin, 25 Barberry Crescent, Auchenkilns, Cumbernauld Letter from Mrs Angela Swan, 1 Glen Sannox Way, Craigmarloch, Cumbernauld Letter from Mr Michael Kenny, 13 Cardowan Drive, Blackwood, Cumbernauld Letter from Lynne Cooper, 13 Honeysuckle Drive, Auchenkilns, Cumbernauld Letter from Angela Masson, 6 Glen Lochay Gardens, Craigmarloch, Cum bernauld Letter from Z Salim, 25 Gartcarron Hill, Balloch, Cumbernauld Letter from Jacqueline Lyall, 71 Hopepark Drive, Smithstone, Cumbernauld Letter from Frazer Hamilton, 15 Dalziel Place, Airdrie, North Lanarkshire Letter from Paul O'Donnell, 60 Glen Douglas Drive, Craigmarloch, Cum bernauld Letter from Mr John Anderson, 97 Ben Venue Road, Balloch, Cumbernauld Letter from Cameron Gulline, 6 Glen Sannox Grove, Craigmarloch, Cumbernauld Letter from Kate & Derek Jessamine, 3 Glen Fyne Road, Craigmarloch, Cumbernauld Letter from Mrs J Wright, 17 Baldorran Crescent, Balloch, Cumbernauld

161 Letter from Julie Baxter, 53 Raith Drive, Blackwood, Cumbernauld Letter from Deborah McLean, 75 Glen Fyne Road, Craigmarloch, Cumbernauld Letter from Lynda Murray, 4 Mosswater Wynd, Smithstone, Cumbernauld Letter from Lisa Strang, 16 Blairdenon Drive, Balloch, Cumbernauld Letter from Morag Lyttle, 29 Langdales Avenue, Balloch, Cum bernauld Letter from Miss L Richardson, 4 Belleisle Grove, Carrickstone, Cumbernauld Letter from Ms Karen King, 14 Glen Sannox Drive, Craigmarloch, Cumbernauld Letter from Heidi Gillan, Eastfield Primary School, 23 Cairntoul Court, Balloch Letter from Karen McMillan, 109 Ben Venue Road, Balloch, Cumbernauld Letter from Corinne Waugh, 24 Kierhill Road, Balloch, Cumbernauld Letter from Claire Fullerton, 25 Saughs Place, Glendale, Letter from B Amos, 12 Tinto Drive, Balloch, Cum bernauld Letter from Frances Keegan, 141 Binniehill Road, Balloch, Cumbernauld Letter from F Sharkey, 48 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Owner/Occupier, 54 Grangeneuk Gardens, Balloch, Cum bernauld Letter from Mr & Mrs C Quarrel, 62 Grangeneuk Gardens, Balloch, Cumbernauld Letter from J M Cowan, 58 Grangeneuk Gardens, Balloch, Cumbernauld Letter from G Sloss, 60 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Gordon Jamieson, 68 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Scott Murray, 70 Grangeneuk Gardens, Balloch, Cum bernauld Letter from Trevor Grant, 74 Grangeneuk Gardens, Balloch, Cum bernauld Letter from Wilma Wilkins, 76 Grangeneuk Gardens, Balloch, Cumbernauld Letter from Ann Laird, 272 Cairntoul Court, Balloch, Cumbernauld Letter from lain Clarkson, 208 Cairntoul Court, Balloch, Cumbernauld Letter from Frances Templeton, 254 Cairntoul Court, Balloch, Cumbernauld Letter from Kimberley Crosgray, 38 Abbotsford Court, Greenfaulds, Cumbernauld

Consultation Responses:

Memo from Traffic and Transportation received on 12'h May 2010 (in relation to the previous application 10/00372/FUL) & 13'h May 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 616394.

Report Date: 17'h May 201 1

162 APPLICATION NO. 11/00334/FUL

REPORT

1. Site Description

1.I The application is for the erection of a 14.8 metre high telecommunications monopole and one associated equipment cabinet on land owned by the Council.

1.2 The equipment is to be located on an area of road verge adjacent to Balloch Road. The general area is characterised mainly by residential properties with Eastfield Primary School located approximately 100 metres to the west of the application site. The proposed pole will be situated close to existing street lighting and a bus shelter. The nearest residential property to the proposed telecommunications equipment will be approximately 30 metres away.

2. Proposed Development

2.1 The proposed development is for the installation of a 14.8 metre high monopole and one ground based equipment cabinet adjacent to the pole. This revised scheme represents a reduction in the number of equipment cabinets from three to one in relation to the previous scheme (application 10/00372/FUL). The telecommunications pole will incorporate six antennae which will be utilised by both Vodafone and 02. The equipment cabinet will measure approximately 1.6 metres in height. The equipment cabinet will be located behind 1 metre high metal railings which sit adjacent to Balloch Road.

3. Applicant's Supporting Information

3.1 The application is supported by the required Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection (ICNIRP) Public Exposure Guidelines.

3.2 Further information submitted includes detailed specification and justification, outline of general network requirements, health and safety issues, supporting technical information and an explanation of the site selection process.

4. Site Historv

4.1 The relevant planning history for the application site is as follows;

0 10/00372/FUL Installation of Telecommunications Pole (14.8m) and Associated Equipment Cabinets was recommended for approval but was subsequently refused by Committee on 22nd July 2010. The reason for refusal was that the siting and design of the mast and equipment in a prominent position close to a primary school and nursery causes such a degree of concern that it would be detrimental to the amenity of residents and particularly to the pupils, parents and staff of the school and nursery.

5. Development Plan

5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

5.2 In the Cumbernauld Local Plan 1993, the site lies within an area covered by Policy HG4 (Residential Amenity) which states that developments should not be detrimental

163 to local residential amenity. There is no specific telecoms policy in the local plan.

6. Consultations

6.1 As part of the previous application assessment Traffic and Transportation offered no objections to the proposal provided that the equipment does not impact upon the turning movements of maintenance vehicles and that a minimum 1.5 metre straight line clearance is maintained for maintenance vehicles. This remains relevant and Traffic and Transportation have provided confirmation that the original comments still apply to this application.

7 Representations

7.1 In addition to letters of representations from the Head Teacher of Eastfield Primary School and Nursery and from a local resident, 277 proforma objections have been received. The main points of objection are concerns over the proximity of the telecommunications equipment in relation to Eastfield Primary School, road safety, lack of adequate discounting of other sites and potential risks to public health. Other points of concern raised are that the widespread public objection to the previous application may not be repeated with this application due to it coinciding with the Easter holidays and that the local community have not been adequately consulted. Concerns are also expressed with the visual impact of the proposed equipment, the adverse impact that it will have on local character and residential amenity and the assertion that the proposal is contrary to Scottish Planning Policy.

7.2 Further letters have been received from Councillors McCulloch and Chadha. Councillor McCulloch has written on behalf of those opposed to the proposal, especially parents of pupils at Eastfield Primary School and Nursery, emphasising the level of objection amongst the local community. The Councillor has requested that a site visit and hearing takes place (two similar requests have been received by email from Rose Marie McKenna and Julie Baxter). An email has also been received from Councillor Chadha objecting to the application on similar grounds to his previous objection to the original application. It is noted that Councillor Chadha’s original points of objection were in relation to the close proximity of the proposed equipment to Eastfield Primary School and Nursery and residential areas as well as potential road safety and visibility concerns due to the close proximity of the equipment to Balloch Road and an adjacent bus stop. In his email in relation to this application Councillor Chadha notes that the latest scheme is relatively unchanged and therefore the previous reasons for refusal should still apply. The Councillor has also advised that he does not recall being consulted at the pre-application stage or notified of the applicant’s intention to re-submit an application. It is noted that as part of the applicant’s supporting information Councillor Chadha has been included on a list of those who were included in their pre-application consultation exercise.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 Development Plan Cumbernauld Local Plan 7993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. There are no specific telecoms policies in the Cumbernauld Local Plan. Accordingly the proposed development must be considered on its merits in terms of the local environment. The site location and acceptable design of the proposal make this development environmentally acceptable and in accordance with Policy HG4.

164 Amenity matters are covered in 8.5 below.

8.3 Other Material Considerations - Finalised Draff North Lanarkshire Local Plan: The zoning of the site does not change in this plan. The development is considered to comply with Policy HCF 1 (Residential Amenity) in that it will not have an unacceptable impact on the residential amenity of the surrounding area. Policy EDI 3 (Assessing Utilities Development) is also relevant to the assessment of the application. This policy states the telecommunication installations would only be acceptable provided that there are no alternative sites; it is unable to share with any existing facilities and the development is sited and designed so as to minimise its visual and environmental impact. Supplementary information has been provided on site selection including the disadvantages of alternative sites. In this context the proposal is considered to be acceptable.

8.4 National Telecommunications Policy: Planning Advice Note 62 (Radio Telecommunications) states that radio telecommunications have an important role to play in supporting the further social and economic development of Scotland. To ensure acceptability of such developments high standards of design and location should be sought. Scottish Planning Policy (Communications Infrastructure) supports telecommunications development where it has been demonstrated that careful consideration of all siting and design options has been undertaken. The intention is that the telecommunications equipment should become an accepted and unobtrusive feature of urban and rural areas where careful siting and design can reduce visual intrusion and play a part in allaying public concerns. It is considered that the proposal complies with national policy.

8.5 Effect on Local Amenity: It is considered that the proposed equipment is of an ancillary nature to the local street scene which will improve mobile phone coverage in this part of Cumbernauld. It is considered that the proposal is not detrimental to the residential amenity of the local area and the potential impact on nearby residential areas is deemed to be acceptable. It is considered that the equipment will be situated an adequate distance away from Eastfield Primary School. The proposal is considered to be of similar visual impact to that of existing street furniture in the area such as lighting columns (although approximately 2.8 metres higher) and is designed as such. It is also recognised that, in comparison to the previous application, the number of equipment cabinets has been reduced from three to one which further reduces the potential visual impact. The proposed site is situated an adequate distance of approximately 30 metres from the nearest dwellinghouse. The structure is of limited height and girth and therefore would have a minimal impact upon the existing visual amenity of the area.

8.6 Applicant’s Supporting Information: It is considered that the applicant has satisfied the criteria set out in both SPP and PAN 62 in that consideration and assessment has been undertaken in the siting and design of the telecommunications pole and associated apparatus to achieve acceptability and minimal impact. A certificate of Declaration of Conformity with ICNIRP Public Exposure Guidelines has been provided by the applicant. It is considered therefore that the impact of the proposed development on nearby residential areas is acceptable. The applicant has also demonstrated that other sites have been considered for the siting of this equipment. The alternative sites which were considered were not suitable for several reasons including not achieving an acceptable level of coverage, not receiving permission from landowners to locate such equipment on their property and unacceptably close proximity to residential properties. Other issues with potential alternative sites included two sites being of too low a ground level which required taller tower installations which would still not achieve an acceptable level of coverage, lack of access and lack of pavement space at potential sites where streetworks options were considered. No existing telecommunications facilities are situated in the search area otherwise the sharing of existing facilities would have been considered.

8.7 Consultations: Given that this is effectively a resubmission of a Drevious amlication it

165 was not considered necessary to carry out consultations. In response to the previous 2010 application Traffic and Transportation advised that they have no objections to the proposal provided that the equipment does not impact upon the turning movements of maintenance vehicles and that a minimum 1.5 metre straight line clearance is maintained for maintenance vehicles. It is considered that the equipment is appropriately positioned in order for a 1.5 metre clearance to be retained and to not impact upon the turning movement of maintenance vehicles.

8.8 Representations: A total of 282 letters of objection have been received in relation to the application (including 277 proforma objections). The points of objection raised can be summarised as follows:

0 Concerns are raised in relation to the potential health implications as a result of the situation of such equipment in close proximity to residential properties and Eastfield Primary SchooVNursery. This is both in respect to potential direct health impacts and related anxiety and concerns.

Comment: A certificate of Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection (ICNIRP) Public Exposure Guidelines has been provided by the applicant. Therefore it is considered that the potential impact of the proposed development on local residents is acceptable. It is recognised that perception of health risk is a material planning consideration but it is not considered that it is such an overriding issue as to warrant a recommendation for refusal.

0 The equipment raises road safety concerns as it will be situated on a main pedestrian route to Eastfield Primary School adjacent to main Balloch Loop Road causing a distraction and obstruction.

Comment: Traffic and Transportation have no concerns with the impact that the equipment may have on road safety.

The previous application was subject to widespread public objection. The current application might not receive the same volume of objections due to the timing of the consideration of the application which coincides with the Easter holidays.

Comment: The Planning Authority can only take into consideration objections that have been received at the time of the processing of the application. It is acknowledged that the previous application attracted significant objection.

The applicant has not adequately consulted the local community.

Comment: It is noted that at the pre-application stage prior to this application being submitted the agent consulted local Councillors, the Head Teacher and Board of Governors of Eastfield Primary School and Nursery, the Planning Authority, local MSPs and Chairperson of the local Parent Council. It is considered therefore that the local community were engaged prior to the application being submitted. It is also noted that public participation is part of the planning application process. Although the neighbour notification procedures did not require Eastfield Primary School to be neighbour notified, as part of the planning application process, as mentioned above, the applicant did consult the school prior to the submission of the application.

0 The proposal will be detrimental to local residential amenity and will be of an obtrusive visual appearance. The previous reason for refusal remains valid.

Comment: It is considered that the proposed equipment is not unlike existing street furniture in the area. It is considered that the proposed equipment is of a small enough scale to not impact in an unacceptable way on local amenity and the local streetscape on Balloch Road. Due to the slim-line design of the pole it is considered that it will have a similar visual impact to existing street lights. It is also considered that the equipment will be adequately screened by adjacent large trees.

166 Notwithstanding the previous decision, each application must be determined on its own merits with reassessment against planning policy carried out accordingly.

0 The proposal is contrary to planning policy as it has not been sensitively sited with the interests of the local community taken into consideration.

Comment: The intention of the relevant SPP guidance and PAN 62 is that the telecommunications equipment should become an accepted and unobtrusive feature of urban and rural areas where careful siting and design can reduce visual intrusion and play a part in allaying public concerns. It is considered that the proposal complies with national policy.

9. Conclusion

9.1 It is noted that the application has attracted significant objection from the local community. The points of concern that have been raised are acknowledged and have been fully considered as part of the assessment of the application. Based on the relevant planning policy, national telecommunications policy and present government advice, however, it is considered that the proposal, in planning terms, is acceptable. It is noted that the proposed equipment is similar in nature to existing street furniture in the area, is not of an overly obtrusive appearance and will be effectively screened by adjacent trees. The location of the proposed equipment is considered to be acceptable and it is an adequate distance away from residential properties and Eastfield Primary School and Nursery. No significant road visibility or access concerns are raised by the proposal. It is noted that other sites have been considered for the location of the proposed equipment and have been discounted for various reasons. It is accepted that this site represents the best option for the siting of the equipment and will contribute to improving mobile phone coverage in the surrounding area. Despite significant local objection to the proposal it is considered that the points of objection do not warrant a refusal of the application.

9.2 Having taken account of all relevant matters it is considered that, in planning assessment terms, the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the erection of the telecommunications apparatus at Balloch Road, Cumbernauld.

167 Application No: Proposed Development:

1 1/00347/AMD Installation of Additional Antenna to Previously Approved Apparatus (10/00354/FUL) Site Address:

North Lanarkshire Council Fleming House 2 Tryst Road Town Centre Cum bernauld

Date Registered:

30th March 201 1

Applicant: Agent: Airway Solutions Ltd Mono Consultants Ltd C/o Agent 48 Vincent Street Glasgow G2 5TS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 003 Cumbernauld South No letters of representation received. Danny Carrigan, William Goldie, William Homer, Gerald McElroy

Recommendation: Approve Subject to Conditions

Reasoned Justification:

It is considered that the proposal is acceptable in that it will not detract from the amenity of the application site or the surrounding area.

168 11(003Q7/A MD Airwy Solutions Ltd Fleming House 2 Try& Road TOM Centre Cumbemauld Installationof I No. Addition &Stack Antenna to Proposed Conditions:-

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006,

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- STR21SA-GA-01 A, STR219A-GA-02B and STR219A-GA-03B.

Reason: To clarify the drawings on which this approval of permission is founded

3. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

5. That within 4 weeks of completion of all approved works on site a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Backaround Papers:

Representation Letters: No letters of representation received.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 6181 24

Report Date: !jthMay 201 1

170 APPLICATION NO. 11/00347/AMD

REPORT

1. Site DescriPtion

1.I The application is for the installation of rooftop antennas with ground based equipment cabinet, ancillary cabling and apparatus at North Lanarkshire Council offices, Fleming House, 2 Tryst Road, Cumbernauld.

1.2 The proposed telecommunications installation application site is located on the roof top of the Fleming House building which is an eight storey office building located within Cumbernauld Town Centre and is a current telecommunications site. Located to the north and west are shopping centres that form part of the town centre. To the south and east are car parks.

2. Proposed Develoment

2.1 The proposal is for the installation of a 2m high monopole on the rooftop of the building, this monopole will support four antennas and two 0.6m diameter transmission dishes (for a radio link as part of Ground Based Network Resilience) and one Global Positioning System antenna. The monopole will be located on the southwest corner of the building's roof. Ancillary cabling within cable trays will extend along the rooftop and down the northwest elevation of the building to an equipment cabinet to be located at ground level with an equipment storage cabin. The cabin will be located on the landscaped area immediately adjoining the northwest elevation of the building and will be enclosed by 2m high palisade fencing. The rooftop at Fleming House already accommodates telecommunications equipment for other operators. This current proposal is an amendment to a previous approval (10/00354/FUL) and required as the operator (Airwave Solutions Ltd) require an additional antenna for operational reasons, as such, the majority of the telecommunications equipment was included in the previous application.

3. Amlicant's Supportina Information

3.1 The applicant has supplied a supporting statement as part of the previous application that indicated the need for a mast within this area to meet a shortfall in coverage, this current proposal is for a minor amendment to this previous planning permission and therefore the supporting information is still relevant. It is stated that the telecommunications installation by Airwave Solutions Limited would operate a secure digital radio network on behalf of the UK Government. Completed in March 2005 and covering England, Wales and Scotland, it is a dedicated system for the exclusive use of the UKs emergency and public safety organisations, including the Police, the Fire and Rescue Service and the Ambulance Service. Part of the Government's Critical National Infrastructure, it is designed to operate even during major incidents when conventional mobile and fixed telephony networks may overload or fail. It also allows the emergency services to communicate directly with each other at the scene of an incident. An International Commission for Non Ionising Radiation Protection (ICNIRP) compliance certificate was also submitted confirming that the proposed telecommunications installation meets the current public health guidelines.

4. Site History

4.1 The application site has been the subject of a number of telecommunications planning application in the past of which the details are as follows:

0 94/00217/CNS Erection of 12 Antennae and Formation of Equipment Room - Approved 23" January 1995. 0 97/00315/FUL Erection of Satellite Dish -Approved 30th December 1997. 0 04/01493/FUL Installation of 3 Rooftop Antenna - Approved 13th October 2004.

171 0 06/01037/FUL Installation of One Transmission Disc (300mm) - Approved 20th July 2006. 0 10/00354/FUL Installation of Rooftop Antennas and Ground Based Equipment Cabinet, Ancillary Cabling and Apparatus -Approved 24'h May 2010.

5. Development Plan

5.1 The site is covered by shopping centre policies in terms of the Cumbernauld Local Plan 1993. Policy SHI supports the town centre's shopping role and Policy SH8 seeks to improve the environment of the town centre.

5.2 It should be noted that there are no specific telecommunications policies in the Cumbernauld Local Plan.

5.3 The application raises no strategic issues it can be assessed in terms of the local plan policy.

6. Consultations

6.1 None.

7. Representations

7.1 No letters of representation have been received in relation to this application.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 Development Plan - Cumbernauld Local Plan 1993: Policies SH 1 (Central Cumbernauld) and SH 8 (Environmental & Other Improvements) applies in this case and seeks to maintain and enhance the existing town centre. There are no specific telecoms policies in the Cumbernauld Local Plan. Accordingly the proposed development must be considered on its merits in terms of the local environment. The site location and the acceptable design of the proposal are considered to make this type of development environmentally acceptable without prejudicing the aims of the local plan shopping polices. Impact on amenity is covered in 8.5 below.

8.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The site is zoned as RTC 1 A (Town Centre) in which the policy seeks to protect the network of centres as the continuing focus of retail, leisure, civic and community uses. Policy EDI 3 (Assessing Utilities Development) is also relevant to the assessment of the application. This policy states the telecommunication installations would only be acceptable provided that there is no reasonable prospect of sharing with any existing facilities and the development is sited and designed so as to minimise its visual and environmental impact. The current proposal seeks an amendment to the previously approved telecommunications development and will be located on a site that has shared telecommunications facilities. The proposed telecommunications installation will have little impact on the character of the town centre given its discrete location on the roof top of an existing tall building. The proposal is therefore considered to comply with policies RTC 1 A and EDI 3 of the Finalised Draft North Lanarkshire Local Plan.

8.4 National Telecommunications Policies: Planning Advice Note 62 (Radio Telecommunications) states that radio telecommunications have an important role to play in supporting the further social and economic development of Scotland. To ensure acceptability of such developments high standards of design and location should be sought. Scottish Planning Policy (Consolidated - Communications

172 Infrastructure Section) supports telecommunications development where it has been demonstrated that careful consideration of all siting and design options has been undertaken and where possible environmental effects are minimised. The intention is that the telecommunications equipment should become an accepted and unobtrusive feature of urban and rural areas where careful siting and design can reduce visual intrusion and play a part in allaying public concerns. It is considered that the proposal complies with these policies.

8.5 Effect on Local Amenity: It is considered that the proposal is not detrimental to the visual amenity of the town centre. Due to its location on the roof top of an existing building the proposal is considered to be acceptable as the installation will not be easily seen from street level thus reducing the visual impact of the proposal.

8.6 Applicant’s Supporting Information: It is considered that the applicant has satisfied the criteria set out in both SPP and PAN 62 in that consideration and assessment has been undertaken in the siting of the telecommunications installation and associated apparatus in order to achieve acceptability and minimal impact. A certificate of Declaration of Conformity with International Commission on Non-Ionizing Radiation Protection (ICNIRP) Public Exposure Guidelines has been provided by the applicant. It is considered therefore that the impact of the proposed development on Cumbernauld town centre is acceptable.

9. Conclusions

9.1 It is considered that the proposal will not have an unacceptable impact on the amenity of the surrounding area. It is noted that the proposed equipment will not be easily seen from street level due to its position on the roof top of Fleming House. It is accepted that this site represents the best option for the siting of the equipment and will be beneficial to the emergency services. It is noted that no objections to the proposal have been received.

9.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the telecommunications installation at Fleming House, 2 Tryst Road, Cumbernauld.

173 Application No: Proposed Development:

11/00374/FUL Erection of Salt Barn Site Address:

NLC Transport Services Depot Old Edinburgh Road Uddingston ML4 3JG

Date Registered:

11th April 201 1

Applicant : Agent: North Lanarkshire Council NIA Fleming House Tryst Road Cumbernauld G67 1JW Application Level: Contrary to Development Plan: No Committee

Ward: Representations: 01 3 Thorniewood No letters of representation received. Robert Burrows, James McCabe, Duncan McShannon,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009 in that it will not adversely affect the character or amenity of the area.

174 Produced by PLANNING APPLICATION 11 I00374 I FUL Fkrth bnarlcshirr Counal Planning and Envimnmem tkpafirmnt. Erection of Salt Barn NLC Transport Services Depot, Old Edinburgh Road, Uddingston, ML4 3JG tel01898 274274v Cx 01898 403053 175 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

3. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

4. That, except as may otherwise be agreed in writing by the Planning Authority, the development and finishing materials shall be implemented in accordance with the plans stamped: LP-01 and LD-41-4PT-30

Reason: To clarify the drawings on which this approval of permission is founded.

5. That, before the development hereby permitted starts, a noise impact assessment shall be carried out and shall be submitted to the Planning Authority. For the avoidance of doubt this assessment will be in accordance with 6541 42 - Method for rating industrial noise affecting mixed residential and industrial areas and Pan 1/2011.

Reason: To allow the Planning Authority to assess these details.

6. That any mitigation works identified by the noise impact assessment required in terms of Condition 5 shall be carried out to the satisfaction of the Planning Authority before the development hereby approved is brought into use and a certificate (signed by a suitably qualified Noise Engineer) shall be submitted to the Planning Authority confirming that any mitigation works have been carried out in accordance with the terms of the noise impact assessment.

Reason: To protect the amenity of nearby residents.

Backaround Papers:

Consultation Responses:

Letter from Transport Scotland received 20ih April 201 1 Memo from Transportation received 21 st April 201 1 Memo from Protective Services received 17 May 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 274 104

Report Date: 1gth May 201 1

176 APPLICATION NO. 11/00374/FUL

REPORT

1. Site DescriPtion

1.1 The site is an area of hard standing in the council depot adjacent to the interchange linking Old Edinburgh Road, the A725, and New Edinburgh Road. Righead Industrial Estate is located to the north, with the interchange to the east, Bellziehill Services to the south and the remainder of the depot to the west. The site is currently used for storage of council vehicles. This part of Old Edinburgh Road is largely non-residential in nature, the nearest dwelling is located 80 metres away

2. ProPosed Development

2,l The proposed salt barn is intended to be a dome shaped structure made with sectional flashing panels and bitumen roof shingles. It would be erected on the eastern edge of the existing parking area with a height of approximately 18 metres and radius of 21 metres. The established access to the existing depot would be utilised.

3. Applicant’s Supportina Information

3.1 None 4. Site History 4.1 No relevant site history.

5. Development Plan

5.1 The site is zoned as IND 8 (Established Industrial and Business Areas) of the Southern Area Local Plan 2008.

5.2 The site is designated as EDI 1 (Existing Industrial and Business Areas) of the Finalised Draft North Lanarkshire Local Plan 2009.

6.

6.1 Transportation raised no objections to the proposal.

6.2 Transport Scotland raised no objections.

6.3 Protective Services recommended a noise impact assessment.

7. Representations

7.1 Following the neighbour notification and press advertisement no letters of representation were received.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is zoned as IND 8 (Established Industrial and Business Areas), policy IND 9 (Assessing Applications for Industrial and Business Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant to this proposal.

I77 AdoDted Local Plan

8.2 Policy IND 8 seeks to retain the character of established industrial areas. The proposed use falls within class 6 (storage or distribution) therefore it is acceptable subject to assessment against Policy IND 9. This policy assesses the suitability of the proposal to the surrounding industrial area and lists criteria relating to design, landscaping, fencing and transportation requirements. The height of the salt barn is such that it would be visible however it is not considered to have an adverse impact on the character and amenity of the existing industrial area and surrounding land uses. The site is an established depot for council vehicles, with direct access close to the A725 and already in 24 hour use. The siting of the salt barn and lack of housing in the vicinity ensures that no significant adverse noise and disturbance will be received by the closest residential properties. The proposal would provide a storage facility for salt which would enable the Transportation Service to respond more efficiently to adverse weather conditions on the road network, The impact is considered to be acceptable and the proposal therefore accords with policies IND 8 and IND 9. Transportation issues are considered below.

8.3 Policy TR 13 sets criteria relating to road and pedestrian safety, parking and servicing. Transportation have raised no objections to the application. The salt barn has been located in such a way that it is not considered to have an adverse impact on the public road network and the proposal therefore accords with TR 13.

Finalised Draft North Lanarkshire Local Plan:

8.4 A material consideration is the Finalised Draft North Lanarkshire Local Plan 2009, however, the zoning and policy position remains unaltered from the Adopted Plan.

9. Conclusions

9.1 In conclusion, the development accords with Policies IND 8, IND 9 and TR 13 of the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009 in that the salt barn would not have a significant impact on the character and amenity of the surrounding area. In view of local plan policy and all other material considerations, it is recommended that planning permission be granted.

178 Application No: Proposed Development:

11/00389/FUL Siting of Static Snack Van Unit Site Address:

Land To The West Of Brownhill Farm / Adjacent To Lay By A73 Cleland MLI 5LT

Date Registered:

8th April 201 1

Applicant: Agent: Mr Brian Bell N/A 180 Watling Street Motherwel I MLI 3RW Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 7 Councillors McAuley, McKenna, Nolan and No letters of representation received. Stewart.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed static snack unit replaces an existing mobile unit and therefore does not adversely impact on the Green Belt setting and accords with Policy ENV6 of the Southern Area Local Plan 2008 and Policy NBE 3A of the Finalised Draft North Lanarkshire Local Plan, also the temporary nature of the development and the planning permission would allow control over the impact upon the visual amenity of the site and the surrounding area.

179 Opencast Workings

~ ~~~ Produced by PLANNING APPLICATION 11 I00389 I FUL brth Lanarkshire Council Planning and hwronment tkpartmnt, Mziel Building, Siting of Static SnackVan Unit 7SmnStRet. 1 lhb Land To The West Of Bromhill Farm! Adjacent To Lay By A73, Cleland 8d 0 16 98 274274 Cw 01698 403053 1 on Proposed Conditions:-

1. That this permission shall enure for a temporary period only and the static snack unit and associated structures hereby permitted shall be removed from the site, and the land restored to its former condition to the satisfaction of the Planning Authority, within 3 years of the date of this permission, unless a further application has been submitted to and approved by the Planning Authority.

Reason: To accord with the terms of this application and in the interests of visual amenity of this rural location and countryside beyond.

2. That, except for the terms of conditions (4) and (6) below or as may be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings stamped approved as part of this permission.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That a litter bin shall be provided on site for the duration of the permission.

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

4. That BEFORE the development hereby permitted starts, a detailed scheme of hedge planting around the perimeter of the site and full details of any hedging to be removed shall be submitted to, and approved in writing by the Planning Authority and all planting shall be completed to the satisfaction of the Planning Authority prior to the unit being brought into use.

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

5. That no open air storage of stock shall take place within the application site.

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

6. That the snack unit shall be painted green in colour before it is located at the site and details of the final colours of all external paintwork shall be submitted to, and approved in writing by the Planning Authority.

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

7. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

8. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

181 Backqround Papers:

Consultation Responses:

Memo from Transportation received 4'h May 201 1, Memo from Protective Services received 27'h April 201 1.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

13'h May 201 1

182 APPLICATION NO. 11/00389/FUL

REPORT

1. Site Description

1.1 The application site is located on land associated with Brownhill Farm to the west of the main farm building adjacent to the lay-by on the north bound carriageway of the A73. The application site is bounded by the lay-by to the east and by agricultural land to the north, west and south. The application site gradually slopes down into the field from south to north and a hedge runs along most of the length of the lay-by. A mobile snack van presently operates from the lay-by at this location. No planning permission was required for that unit as it is located within part of the public road.

2. Proposed Development

2.1 Planning permission is sought for the installation of a static snack unit measuring 9.7 metres in length, 3 metres in width by 2.4 metres in height fronting onto the lay-by. The unit is to be located centrally in the gap in the hedging that fronts onto the lay-by and takes the form of a metal storage style container with a doorway and two windows either side of the door. The applicant has advised that the unit is to be painted green. The unit is for takeaway purposes only and will have a covered queuing/service area inside. Provision is also made for staff parking to the north of the static unit. The unit and parking area are to be located on an area of hard standing to achieve a level surface with the roadside. No details of boundary treatment have been submitted with the application. For clarification the static unit is proposed to replace the mobile snack van that currently operates within the lay-by.

3. Applicant’s Supportinn Information

3.1 No additional information has been submitted in support of the application.

4. Site Historv

4.1 No planning history relates to the site, however, the mobile snack van has been located within the lay-by in excess of 10 years.

5. Development Plan

5.1 The application site is zoned as ENVG (Green Belt) in the Southern Area Local Plan (2008).

6. Consultations

6.1 Transportation have raised no objections on the application.

6.2 Protective Services have raised no objections to the application.

7. Representations

7.1 No letters of representation have been received following the neighbour notification and press advertisement procedures.

8. Planninn Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policy. The site is zoned as Policy ENVG (Green Belt) in the Southern Area Local Plan 2008. Policies

183 RTLl1 (Assessing Applications for Bad Neighbour Developments) and TR 13 (Assessing the Transportation Implications of Developments) are also relevant.

Adopted Local Plan

8.2 Policy ENVG states that there is a presumption against development other than that directly associated with appropriate rural uses. Although the development does not relate to an appropriate rural use the proposed static snack unit would replace the existing mobile unit therefore in this instance, it is considered that the development would not have a detrimental impact on the Green Belt setting. The snack unit is to be painted green so as to minimise its visual impact and it will be located within the existing gap in the hedging. Although static, the unit does not require foundations and can be installed on a layer of hardcore, which will bring the level of the land on which the unit is to be sited to that of the lay-by. This is considered acceptable as the existing hedging will largely provide adequate screening of the unit when viewed from the A73. A condition is proposed to secure additional hedge planning in order to minimise the visual impact of the development. In order to minimise its impact on the Green Belt setting and to reflect the temporary nature of the building it is considered appropriate to restrict planning permission for a temporary period.

8.3 Policy RTLll lists several criteria to be taken into consideration in assessing applications for Bad Neighbour Developments, including; the impact of the proposal on the character and amenity of the adjoining properties and surrounding environment; the provisions made for vehicular access, servicing, parking, and the proposal’s impact on pedestrian safety and traffic circulation. The site is situated in excess of 50 metres from the nearest dwelling, which forms part of the agricultural holding of Brownhill Farm, located to the south of the site and any impact on this dwelling would be minimal. As discussed in paragraph 8.2 above the visual impact of the development will be satisfactorily reduced. With regards to the impact on road safety full comment is provided in paragraph 8.4 below. The application is therefore considered to comply with Policy RTLI 1.

8.4 Policy TR13 requires an assessment of the level of traffic generated from the proposal, the impact that the development will have on the road network and the provisions made for access, parking and vehicle manoeuvring. As detailed at paragraph 2.1, Transportation have raised no objections to the application. Adequate provision for access, parking and vehicle manoeuvring exists within the lay-by. As the existing snack unit is located in the lay-by, the proposed development will in effect free up additional parking within the lay-by. The proposed development is therefore considered to comply with Policy TRI 3.

Finalised Draft North Lanarkshire Local Plan

8.5 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP), however, the zoning and policy position remains unaffected from the adopted plan.

Consultations

8.6 With respect to the consultation response from Protective Services and Transportation, no objections have been raised.

9. Conclusions

9.1 In conclusion, I am satisfied that in this instance the impact of the static snack unit is acceptable and does not adversely impact on the Green Belt at this location. The development accords with policies ENVG, RTLll and TR13 of the Southern Area local Plan 2008 and the policies of the Finalised Draft North Lanarkshire Local Plan. For the reasons stated above, it is recommended that temporary planning permission be granted for a period of 3 years.

184 Application No: Proposed Development:

11/00409/FUL Erection of a Storage Facility Site Address:

7 Blairlinn Road Blairlinn Cum bernauld G67 2TF

Date Registered:

13th April 201 1

Applicant: Agent: Amey Public Services LLP N/A Depot Langmuir Road Bargeddie Glasgow G69 7TU Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 004 Abronhill, Kildrum And The Village No letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Cumbernauld Local Plan 1993 and the Finalised Draft North Lanarkshire Local Plan 2009 in that it will not adversely affect the character or amenity of the area.

185 7 Blairlinn Road Blairlinn Cumbernauld r\

186 Proposed Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- Location & Block Plan, LBS Model Profiles, FB-3 Rev 1 Elevations and Photographs of Storage Facility.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Background Papers:

Consultation Responses:

None required

Contact Information:

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

Report Date:

5th May 201 1

187 APPLICATION NO. 11/00409/FUL

REPORT

1. Site Description

1.I The application site is located within Blairlinn Industrial Estate, Blairlinn Road, Cumbernauld. The site is an existing roads depot which is owned by North Lanarkshire Council and has been operated by Amey for a number of years. The site sits at the very northern part of the estate and is bounded to the north by Wood and on all other sides by the industrial estate.

2. Proposed Development

2.1 The proposed salt storage facility is a dome shaped structure. It would be erected on the northern part of the site behind the existing building and vehicle wash area. The shed has a height of approximately 9 metres and width of 22 metres. The proposal does not involve any other changes to the layout of site or how it currently operates.

2.2 The proposal would provide a storage facility for salt currently stored on site which would enable the Transportation service to respond more efficiently to adverse weather conditions on the local road network.

3. Site Historv

3.1 Planning application N/04/01009/FUL for an Extension to a Roads Depot was approved in July 2004.

4. Development Plan

4.1 In terms of the Cumbernauld Local Plan 1993 the site is zoned as IBI Industrial Areas.

4.2 In terms of the North Lanarkshire Local Plan Finalised Draft 2009 the site is zoned as EDI 1 AI Existing Industrial and Business Areas.

5. Consultations

5.1 No consultations were required given the long standing use of the site as a roads depot.

6. Representations

6.1 Following the neighbour notification and press advertisement no letters of representation have been received.

7. Plannina Assessment

7.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Cumbernauld Local Plan 1993 is relevant. The site is zoned as IBI Industrial Areas.

188 7.2 Cumbernauld Local Plan 1993: Policy IBI states there is a presumption in favour of industrial and business Class 4 development. As the site has been utilised as a roads depot for numerous years the use of the proposed storage building is acceptable. The design of the barn is standard for such storage buildings and is considered to be acceptable for the site and the surrounding area. The proposal would provide a storage facility for salt which would enable the Transportation service to respond more efficiently to adverse weather conditions on the road network.

7.3 North Lanarkshire Local Plan Finalised Draft 2009: The relevant policy is EDI 1 AI Existing Industrial and Business Areas, which supports the continuing industrial and business character of existing industrial and business areas, thus the proposal complies with this policy.

8. Conclusions

8.1 In conclusion, the development accords with Policy IBI of the Cumbernauld Local Plan 1993 and Policy EDI 1 AI of the Finalised Draft North Lanarkshire Local Plan 2009 in that the salt storage facility would not have a significant impact on the character and amenity of the surrounding area. In view of local plan policy and all other material considerations, it is recommended that planning permission be granted.

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