North Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date: 12 JUNE 2013

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

1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

12th June 2013

Page Application No Applicant Development/Site Recommendation No 5 12/0059O/PPP Scottish Residential Development Grant (P) Enterprise and Associated Works Request for Site Visit Including the Formation of and Hearing an Access Road and a 'Neighbourhood Hub' incorporating a Community Facility and other Ancillary Uses (In P r inci p le) Site North Of Eastfield Road Carrickstone Cumbernauld

17 12/01234/PPP Mr Steven Erection of 2 Storey Refuse McGhee Dwellinghouse Site Adjacent To 4 Carfin Road Newarthill Motherwell

25 12/01 328/FUL Mr Rudi Change of Use from Refuse Connor General Amenity Area to Garden Ground and the Erection of a 1.8m Timber Fence Land West Of 332 Cambusnethan Street Cambusnethan Wishaw

30 13/00056/FUL Mr James Reid Formation of Hot Food Grant Takeaway (Retrospective) 33 Bellshill Road Forgewood Motherwell

38 13/00118/FUL Mr Robert Construction of Storage Grant McKeirnan Building 128 Main Street Chapelhall Ai rdr ie

2 44 13/00273/AMD Cumbernauld Non-Compliance with Grant Retail Park Conditions (Section 42) Limited Restricting the Sale of Partnership Goods (Planning Permissions 04/00680/OUT (condition 16) 04/0191 7/REM (condition 7 and 8) 06/01238/FUL (condition 1) 06/0124O/FUL (condition 1) 06/01341/FUL (condition 2) and 06/01 342/FUL (condition 2).

Westway Retail Park & Wardpark North Castlecary Road Wardpark Cumbernauld

53 13/00274/AMD Cumbernauld Non-Compliance with Grant Retail Park Condition 18 (Section 42) Limited Restricting Maximum Partnership Number of Retail Units to 12 (Planning Permission 04/00680/0UT) Westway Retail Park & Wardpark North Castlecary Road Wardpark Cumbernauld

61 13/00367/FUL Mr Michael Erection of Garage (In Grant Hough Retrospect) Kirkhill House Kirkhill Road Netherton Wishaw 66 13/00439/FUL Mr Craig Change of Use from Office Grant Dunlop (Class 4) to Window Blinds Showroom and Off ice 255 Windmillhill Street Motherwell

72 13/00498/FU L Laing Partial Removal of Bing Grant O’Rourke Material (Approx Const. Ltd 15,000m3) to provide Material for Landscaping at Demolition Site Shotts Prison Newmill And Canthill Road Shotts

3 79 13/005OO/FUL Clyde Valley Change of Use from Off ice Grant Housing to Residential (4 Flats) Association and External Alterations Former Council Offices King Street Kilsyth

85 13/00522/FU L Mr David Alterations and Extensions Grant Findlay to Church Hall Calderbank Parish Church Main Street Calderbank

91 13/00595/FUL Design & Construction of Daycare Grant Property Centre with NHS Services Outpatient Facility and Communal Rooms for Sheltered Housing Residents and Associated Parking Site North Of Meadowside Gardens Clarkston, Airdrie

100 13/00602/FU L Mr James Erection of a Grant White Dwellinghouse & Associated Parking Land East Of Allandale Cottage Edinburgh Road Newho use Motherwell

111 13/00 lFUL Locate Demolition of Existing Grant Developments Building and Erection of a (Request for Site Visit Ltd Drive Through Restaurant and Hearing) Landscaping, Service Area, Access and Car Parking 353 Craigneuk Street Motherwell

(P) 12/0059O/PPP Subject to Legal Agreement (Education Contribution)

4 Application No: Proposed Development:

12/0059O/PPP Residential Development and Associated Works Including the Formation of an Access Road and a 'Neighbourhood Hub' incorporating a Community Facility and other Ancillary Uses (In Principle) Site Address:

Site North Of Eastfield Road Carrickstone Cumbernauld North Lanarkshire

Date Registered:

29th May 2012

Applicant: Agent: Scottish Enterprise lronside Farrar 50 Atrium Court, Waterloo Street 11 1 McDonald Road Glasgow Edinburgh G2 6HQ EH7 4NW

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 002 Cumbernauld North 732 letters of representation received. Balwant Singh Chadha, Alan Masterton, Barry McCulloch, Alan O'Brien,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposal can be accommodated without detriment to character and amenity of the surrounding area being a residential proposal, as such, is considered to be in accordance with the relevant policies contained in the North Lanarkshire Local Plan 2012 and associated Supplementary Planning Guidance.

Note to Committee:

If granted the planning permission in principle will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the developer to secure financial contributions in respect of education infrastructure provision.

5 Planning Application 12/0059O/PPP Produced by Reproduced by permission Scottish Enterprise Planning and Development of Ihe Ordnance Survey on Site North of Easffield Road, Carrickstone Environmental Services behalf of HMSO. @Crown Cumbernauld North Lanarkshire c Gowrigh! and datEBase nghl Residential Development and Associated Works Fleming House 2009 AllrigMsreserved lncludingthe Formation of an Access Road and PTryst Road Ordnance Survey a 'Neighbourhood Hub' incorporating a Community Cumbernauld Liiember 1OKEU% Facility and other Ancillary Uses (In Principle) G67 1JW 732 Letters of Representation 6 Proposed Conditions:-

1. That BEFORE the development hereby permitted starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters specified in conditions:- (a) the siting, design and external appearance of all buildings and other structures(inc1uding proposed bus shelters); (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site.

For the avoidance of doubt the layout of the site shall consider the principles set out in the Designing Streets a policy document for Scotland unless otherwise agreed, otherwise in writing by 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.

2. The development hereby permitted shall be carried out strictly in accordance with the details submitted and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt, no approval is hereby given for the submitted indicative site layout plan.

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

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 4. That any remediation works identified by the site investigation required in terms of Condition 3, shall be carried out to the satisfaction of the Planning Authority. Before the development is brought into use, 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.

5. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

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

6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 above shall be implemented contemporaneously with the development in

7 so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

7. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

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

8. That the total number of dwellinghouses within the site shall be not more than 300. Reason: To comply with the terms of the transportation assessment and to ensure that satisfactory vehicular access can be provided to serve the development, in the interests of road safety.

9. That as part of any detailed or matters specified in conditions application, details of a site entrance feature shall be submitted to and approved by the Planning Authority and shall thereafter be constructed before the first dwellinghouse hereby permitted becomes occupied.

Reason: In order that the Planning Authority can consider the design and layout in detail.

10. Notwithstanding the terms of Condition 1 above, the site shall be developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards for the provision of play facilities.

Reason: To ensure the provision of satisfactory amenity space and play provision.

11. That the matters specified in conditions application required under the terms of Condition 1 shall include proposals for pedestrian/cycle facilities, including the provision of a pedestrian access connecting the site to Ratho Drive.

Reason: In the interests of providing good pedestrian/cycles access facilities to serve the development, which will encourage non-car modes of transport to the adjacent residential district.

12. That the matters specified in conditions application required under the terms of Condition 1 above shall incorporate the access arrangements from Eastfield Road and Dullutar Road under the terms of Condition 2, unless agreed otherwise in writing by the Planning Authority.

Reason: In the interests of traffic safety.

13. That unless otherwise agreed with the Planning Authority and BEFORE any works start on site full details of the traffic signal arrangement on Eastfield Road, together with details of footway access to the site and including phasing timetable for the implementation of the signal arrangement, shall be submitted to the Planning Authority for its written approval.

Reason: To consider these aspects in detail and ensure that safe pedestrian access is maintained to the connecting footpath link around the site access.

8 14. Notwithstanding the terms of Condition 1 above, the application for the approval of the matters specified in conditions shall include a pre-start survey of the site to confirm if any badgers are present and thereafter details of the findings of the survey, including any mitigation measures, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, any mitigation measures shall be implemented in accordance with a timescale to be agreed with the Planning Authority.

Reason: In the interests of the protection of natural habitats and protected species.

15. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:

0 Details of the proposed phasing of all works; 0 Details of the demolition of all existing structures within the site; 0 Details of all on-site construction including means of access to the site and; A dust management plan during the construction period:

The development shall be implemented in accordance with the approved Construction Method Statement.

Reason: In the interests of the amenity of the area particularly neighbouring residential properties, to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities and in the interests of road safety.

16. No development shall take place within the development area until the applicant has secured the implementation of a staged programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority.

Reason: To ensure that potential archaeological remains within the footprint of the development approved are safeguarded.

17. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and the provisions of Class 2, class 10 and Class 1; of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the community hub; unless otherwise agreed shall be used as a

0 Doctor/ dentist surgery (Class 2) 0 Childcare (Class 10) 0 Local convenience retail (Class 1) 0 Office/ other professional service space ( Class 2)

Reason: To define the permission.

9 Backaround PaDers:

732 Representation Letters.

Consultation Responses:

Traffic & Transportation memorandum received 12'h Decepber 2012 and 27'h February 2013 Scottish Environment Protection Agency leter received 9 May 201 3. NHS Lanarkshire e-mail communication 24 May 201 3 Environmental Health (including Pollution Control) memorandu? received 1 Qth June 201 2 NLC Greenspace memorandum received 2gthJune 2012 and 4 July 2012 Landscape memorandum received 8'h June 201 2 Scottish Water (Glasgow) letter received 7'h June 2012 British Telecom letter received 4'h June 201 2 Scottish Gas Network letter received 15'h June 201 2 Education memorandum received gthJuly and 3;hstJuly 2012 Rathmell Archaeology Limited letter received 20 June 201 2 The Coal Authority letter received 8'h June 2012 Strathclyde Passenger Transport letter received 30thJuly 201 2

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 632524

Report Date:

31 st May 201 3

10 APPLICATION NO. 12/00590/PPP

REPORT

1. Site Descriotion

1.I The application site measures approximately 13 hectares and currently comprises of agricultural fields screened on three sides by mature tree belts framing the site with an open aspect to the north facing the Kilsyth hills being bound in this direction by Dullatur golf course. The site is bound on the west by the residential areas of Ratho Drive including a care home, on the east by Dullatur Road and the south by Eastfield Road, Eastfield Road is around 2km to the east of the M80 (Junction 6) which connects the site to the motorway network.

2. ProDosed DeveloDment

2.1 Planning permission in principle is sought for the construction of a residential development (incorporating a community hub with the potential for a local shop, doctor’s surgery, small office accommodation or child care facility) with associated access and ancillary works. The applicant has submitted an indicative site layout demonstrating that the site may be capable of accommodating between 250 and 300 residential units and associated infrastructure including, landscaped areas, footpath and cycle links with vehicular access and junction with Eastfield Road with a second access at Dullatur Road.

3. Amlicant’s Suwortina Information 3.1 The applicant has submitted the following documents in support of their application:

0 Pre-Application Consultation Report 0 Planning Statement (master plan report) 0 Drainage Assessment 0 Transport Assessment Environmental report (including protected species survey) 0 Mining and Coal Report

3.2 The applicant submitted the statutory Pre-application Consultation with the Community report for this major application. The report summarised the public event which was held on 20thMarch 2012 at St. Andrews Primary School Cumbernauld and publicised in the Cumbernauld News on the 14th March 201 2. The public events were well attended by local residents who provided comments on the proposed development. The comments received from this pre-application consultation exercise related to transport infrastructure, .education provision, health provision, community facilities, drainage, biodiversity and more general comments.

4. Site History

4.1 Outline planning permission 04/01356/OUT (Residential Development) was granted on 13Ih October 2005 but has now lapsed.

4.2 The site was formerly designated a high amenity single user industrial site in the now superseded Cumbernauld Local plan 1993.

5. Development Plan

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

11 6. Consultations

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

a) Transportation has no objections to the proposed development following review of the submitted Transport Assessment.

b) Protective Services recommended that a site investigation report is submitted and a condition is recommended to address this matter. c) Greenspace have no objections following the Submission of a (phase 1) ecology report. Landscape Services have objected to the principle of the proposal on the basis that the proposal will impact negatively on existing landscape value. d) Learning and Leisure advised that there would be capacity issues at Cumbernauld Primary School and request that the developer makes a financial contribution in order to enable the Council to cope with the projected pupil increase. e) The council’s consultant archaeologist reviewed the application and supporting documentation, including the summary of environmental constraints that identifies the understanding of the archaeological issues on-site.

f) Following the submission of a Mining Instability Investigation Report, The Coal Authority does not object to the proposed development and no specific mitigation measures are required as part of this development proposal to address coal mining legacy issues.

g) Strathclyde Passenger Transport provided comments on the Transport Assessment and amended some detail relating to public transport operations in the area.

h) Scotland Gas Networks have no objection to the proposal.

i) Scottish Water has no objection to the proposal. They have however commented that there may be a requirement for the developer to carry out works on the local network to ensure there is no loss of service to existing customers and that the developer should discuss this directly with Scottish water.It is however recommended that a condition is attached to any permission requiring the applicant to confirm agreement to connect to Scottish Water’s infrastructure.

j) NHS Lanarkshire has no objection to the proposal and provided comments on the potential impact on medical facilities both locally and on an area wide basis. Specifically, they advised that given this level of development overall, local practices would be able absorb any new patients; however, if patients were to concentrate on the only medical practice north of the A80 then this could have a destabilising effect on this practice. They went on to comment that without knowing further detail on patient numbers and where they are currently registered, it is difficult to give a definitive response. Interest was also expressed in further discussions on potential uses within the local hub for medical facilities.

k) The Scottish Environment Protection Agency has no objections to the proposal

7. Remesentations

7.1 Following the carrying out of the neighbour notification process and an advert in the local press 732 letters of representation were received (in a signed standardised format) including two from the community councils of Dullatur and Westerwood and a letter from a local member (Councillor Masterton). All representation may be summarised as follows: The proposed number of dwellings would put additional pressure on infrastructure (transport infrastructure, education facilities, medical

12 facilities and drainage infrastructure),whichis already over stretched.

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 site forms part of the housing land supply within the adopted local plan and as such the Glasgow and Clyde Valley Strategic Development Plan is not considered and in turn this application is not considered of strategic nature. The application can therefore be assessed in terms of the local plan policies.

8.2 The site is covered by Policy HCF2 AI (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012. The proposed development is also assessed against Development Strategy Policies DSPl -4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development).

Development Plan:

8.3 As the site is zoned for short term housing development as an addition to the Housing Land Supply under Policy HCF2 AI, the principle of a residential development at this location is considered to be acceptable. As such, the proposal complies with this local plan policy.

8.4 With regard to Policy DSPI (Amount of Development), the residential proposal falls within sites allocated for residential development as detailed in paragraph 8.2 above, the amount of development is thereby considered to be acceptable. The proposal is therefore in accordance with Policy DSP1. Similarly, the zoning of the development for housing allows the application to comply with policy DSP 2 (Location of Development).

8.5 In terms of policy DSP 3 (Impact of Development) it is noted that the affordable housing policy does not apply in this case as the site was listed in the 2008 housing land supply. It is acknowledged that the proposed development would have an impact on local school provisions and the developer has agreed to provide an appropriate financial contribution to Learning and Leisure via a Section 75 Legal Agreement. Accordingly the development complies with Policy DSP3.

8.6 In terms of the proposed ‘neighbourhood hub’, given the size and nature of the uses (which can be controlled by planning condition) it is considered that it will act as an ancillary use to the new and existing houses and as such is considered to be acceptable in terms of its amount, impact and location.

8.7 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. Where appropriate proposals are required to consider a number of criteria in achieving a high quality development. The following paragraphs assess the proposal against the list of detailed criteria.

8.8 Design Principles Including provision for the Development and Links to Nearby Green Networks-As this application seeks planning permission in principle, design details and site layout would be assessed through any subsequent matters specified in conditions application. Planning conditions can be proposed to ensure that any development approved meets the Council’s requirements in terms of a high quality design, open space requirements and minimising the impact on the surrounding area. It is considered that there is adequate provision within the site to accommodate the residential development and it would be of a scale and proportion that would be in keeping with the character of the surrounding residential areas.

13 8.9 Safe, Inclusive Convenient and Welcoming Development In considering these criteria, the proposed access, parking and the impact of the proposal on the road network must be assessed. The proposed development will be accessed from the existing junction on Eastfield Road. Transportation has no objections to the proposal subject to condition which ensures that the applicant provides the required off-site road works on Eastfield Road from traffic generation arising from the proposed development. In considering the local hub it is envisaged that this element of the proposal will provide a design to complement local needs but will be restricted in size through a planning condition to reflect its local status and protect the retail network.

8.10 Energy Resources and Sustainable Development, as the proposed development is in principle in considering sustainable construction, the detailed design of any house types will be assessed as part of any future subsequent matters specified in conditions application.

8.1 1 Water Body Status There are no water bodies within or in close proximity to the site. In terms of drainage, the applicant has submitted a drainage strategy and a planning condition is recommended to ensure the submission of a detailed SUDS drainage scheme in line with SEPAs comments and as part of any future detailed or matters specified in conditions application.

8.12 lmpact on Local Amenity This application seeks permission in principle only, with the design, layout, position and height of buildings and landscaping would be assessed in any subsequent matters specified in conditions application. Notwithstanding comments from Greenspace services (landscape) it is considered that Residential development was assessed through the submission and approval of an outline application supported by a Development Brief in 2005 and the principle of development within the site is now formally established. The site represents a housing allocation within the Adopted North Lanarkshire Council Local Plan (2012) and therefore the principle of the use of the space for housing remains established. In general terms the impact on amenity will be reduced through the provision of landscaped formal and informal amenity space onsite as noted below, the retention of established peripheral tree planting .Given the forgoing, it is considered that the proposal is in accordance with Policy DSP4.

8.13 Consultees Transportations comments are subject to the provision of traffic signals being required to replace an existing mini roundabout on Eastfield Road (at the junction of Carrickstone View some 200m to the east of the application site), the provision of enhanced footway provision around the edge of the site and the provision of a ‘Designing Streets’ layout at the detailed design stage.

Protective services also recommend that a noise impact assessment be submitted to address noise from the adjacent golf course, referring to planning advice note 1/2011: Planning and Noise. Careful consideration of the layout of dwellings at the detailed stage of the proposal is likely to consider adjacent uses and as a result the introduction of mitigating design features and the careful orientation of buildings should ensure that a significant loss of amenity does not result from adjacent land uses. A noise survey is not considered appropriate in planning terms in this instance. In considering comments from Greenspace services (landscape) it is considered that the residential development was assessed through the submission and approval of an outline application supported by a Development Brief in 2005 and the principle of development within the site is now formally established.

Learning and Leisure advised that capacity issues at Cumbernauld Primary School may be addressed by a financial contribution from the applicant in order to enable the Council to cope with the projected pupil increase. The applicant has agreed in principle to such a contribution. This matter may be addressed by a tangential legal agreement under Section 75 of the Act.

The Council’s consultant archaeologist concurred with the summary of the submitted

14 report that there are no known archaeological sites within the development area, but that the surrounding landscape has a number of significant archaeological monuments that may or may not be designated. In particular he noted the two Roman Camps (Dullatur I and 11) to the northwest, the scheduled Carrickstone Roman Altar to the south and the broader context of lying to the south of the Antonine Wall (a Scheduled Monument and an element of the Frontiers of the Roman Empire World Heritage Site). Other than the submitted desk-based review there has been no substantive work identified to clarify the nature of the archaeological resource within the ground within the site boundary. He is of the opinion that there may be monument relating to the Roman occupation of Scotland. It is therefore recommended that a condition is considered in order to secure a staged program of archaeological work to be agreed prior to works commencing on site. Comments were also provided on the setting of the development against the wider historic landscape.

8.1 4 Remesentations: In terms of letters of representation the points of objection raised may be respectively summarised as follows:

The proposed number of dwellings would put additional pressure on infrastructure (transport infrastructure, education facilities, medical facilities and drainage infrastructure).which is already over stretched. The following comments are in response:

Transport infrastructure as outlined above in paragraph 8.9 Transportation has no objections to the proposal subject to condition which ensures that the applicant provides the required off-site road works on Eastfield Road from traffic generation arising from the proposed development. The applicant has advised that this is achievable and an appropriate condition has been recommended.

Education facilities as outlined in paragraph 8.6 above the appropriate financial contribution to Learning and Leisure via a Section 75 Legal Agreement has been agreed in principle. The introduction of a planning agreement under section 75 of the Act will enable the provision of additional education infrastructure to be both funded and formally agreed.

Medical facilities: NHS Lanarkshire did not object to the proposal. The primary care manager NHS Lanarkshire has provided an initial assessment of the proposal and commented that while there may be potential for a cumulative impact locally if the residents wished to register with the practice currently located north of the A80, there is adequate provision across the Cumbernauld area as a whole. It should be noted, however, that this current proposal includes provision for a Community Hub, one of the proposed uses being a surgery. This would offer the opportunity for new medical facilities to serve the area, and NHS Lanarkshire has indicated their willingness to have discussions with the developers in this regard.

Drainage infrastructure: as outlined in paragraph 8.1 1 the applicant has submitted a drainage strategy and a planning condition is recommended to ensure the submission of a detailed SUDS drainage scheme as part of any future detailed or matters specified in conditions application.

9. Conclusions

9.1 In conclusion, it is considered that the proposed development is acceptable in terms of the North Lanarkshire Local Plan. Notwithstanding the objections received, it is therefore considered that the proposed residential development can be accommodated within the site without detriment to the character and amenity of the surrounding area. It is therefore recommended that planning permission is granted subject to conditions and the conclusion of a Section 75 Legal Agreement in respect of the provision of educational facilities.

15 9.2 It should also be noted that the Westerwood Community Council Have requested a site visit and Hearing.

16 Application No: Proposed Development:

12/01234/PPP Erection of 2 Storey Dwellinghouse Site Address:

Site Adjacent To 4 Carfin Road Newarthill Motherwell

Date Registered:

1 1th December 2012

Ap piicant : Agent: Mr Steven McGhee Alyn Walsh 11 Carfin Road ATW Limited Carfin 80 Queens Drive Glasgow

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 7 Motherwell North 3 letters of representation received. Shahid Farooq, Annita McAuley, Helen McKenna, Peter Nolan,

Recommendation: Refuse

Reasoned Justification:

The proposed development is considered to be unacceptable in terms of the criteria set out in the relevant policies of the North Lanarkshire Local Plan 2012 and PAN 1/2011 in that it would result in the loss of a valuable area of public open space and would have an adverse impact on the amenity of the surrounding area. The applicant has failed to demonstrate that noise from road traffic and the adjacent railway can be suitably mitigated and have not provided the required information relating to mineral stability.

17 PLANNING APPLICATION 12/01234/PPP Repcoducedby petmission Produced by of the Ordnance Surey on ., Planning and Development behalf of HMSO. @Crown Erection of 2 Storey Dwellinghouse Environmental Services wightand database nght North Lanarkshire Council Mo9. All rights reserved. Fleming House Lanarlqhirc OrdwnCeSWVey Site Adjacent To 2 Tryst Road Licence number loo023396. 4 Carfin Road, Newarthill r. Cumbernauld Motherwell, G67 1JW * Representations 18 Recommendation: Refuse for the Following Reasons:-

1 That the proposed development is contrary to Policies HCF 1A and DSP 4 of the North Lanarkshire Local Plan 201 2, as it would result in an unacceptable loss of open amenity space to the detriment of the residential amenity of the area and would set an undesirable precedent for similar landscaped areas.

2. The proposed dwellinghouse is contrary to DSP 4 and PAN 1/2011 in that the applicant has failed to demonstrate that the adverse noise impact on the development from the traffic on Carfin Road and the adjacent railway can be acceptably mitigated.

3. The proposal is contrary to DSP 4 as the applicant has failed to demonstrate that past mineral extraction in the vicinity does not adversely affect the future land stability for this site.

19 Backqround PaDers:

Consultation Responses:

Memo from Transportation received 8'h January 2013 Memo from Protective Services received 1lth January, 22ndMarch and 24'h April 2013 Memo from Greenspace received 16'h Januar 2013 Letter from Scottish Gas Network received 15yh January 2013 Letter form the Coal Authority received 7'h May 2013

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632493

Report Date:

3rdJune 2013

20 APPLICATION NO. 12/01234/PPP

REPORT

1. Site Description

1.1 The site is one of two areas of landscaped public open space at the entrance to an established housing estate fronting Carfin Road. The site is part of the formally landscaped entrance to the housing development and extends to approximately 0.1 6 ha. The site contains semi mature woodland upon an earth mound between the road and housing. A low brick wall borders the site along its boundary with Culzean Drive; within the site behind the wall are low growing shrubs. A grass verge lies around the front and side of the landscaped area, the verge along Carfin Road has been included within the application site. Housing lies to the north, west and across the road to the east of the site and a railway lies to the south.

2. Proposed DeveloDment

2.1 Planning permission in principle is sought for the erection of a dwellinghouse. An indicative layout shows a dwelling with a footprint of approximately 80 square metres with associated parking and access taken directly from Carfin Road. The house would be sited where trees and a bund currently exist and the applicant has submitted an indicative cross section demonstrating the alterations to the site levels that would be required in order for the development to be accommodated.

3. Applicant's Sumortina Information

3.1 The applicant submitted a noise impact assessment that concluded that the only way of mitigating the noise from Carfin Road and the adjacent railway is for the dwellinghouse to have closed windows and trickle ventilation.

3.2 A Coal Report was submitted that indicates that the site is located within a likely zone of influence with regards to past coal mining activity in the vicinity.

4. Site History

4.1 The site forms part of the strategic landscaping associated with the adjacent housing estate which was constructed in the late 90s. A factor was previously responsible for the management and maintenance of the landscaped and play areas but they have since been auctioned off.

4.2 Planning permission was refused to change part of the other section of landscaped open space at the entrance to this housing estate into private garden ground (reference 07/01 447/FUL) on the 14'h November 2007.

5. Development Plan

5.1 The site is identified as HCF 1A (Residential Areas) in the North Lanarkshire Local Plan 2012.

6. Consultations

6.1 Transportation raised no objections to the proposal subject to conditions relating to junction spacing, visibility, a turning area, a dropped kerb arrangement and parking provision.

6.2 Greenspace noted the trees and requested that, should planning be minded to grant the application, that a condition be attached requiring 70 % of them to be retained.

21 6.3 Protective Services raised a concern relating to the noise from Carfin Road and the adjacent railway and upon consideration of the noise impact assessment they concluded that there are no acceptable measures to mitigate the noise. They highlighted that the method of mitigation given by the applicant is not satisfactory for a residential property. They also recommended the submission of a site investigation report.

6.4 Scottish Gas commented on the proximity of the development to their services

6.5 The Coal Authority has objected to the application as, while the applicant has submitted a coal report, the required Mining Risk Assessment has not been submitted.

7. Representations

7.1 Three representations were received following the neighbour notification and press advertisement. The points can be summarised as follows:

i. The burdens on the title require the land to be maintained landscaping. It should therefore be retained as trees and shrubs. The application site boundary is not consistent with the applicant’s title deeds. There is a concern about legal issues relating to a conflict of interest in the sale of the land. The neighbour notification should have extended to all residents in the estate. ii. The development will overshadow neighbouring gardens and the ground level would be such that the elevated position of the house would lead to a reduction in privacy. The development would result in the loss of a tree buffer between the housing and the adjacent road and railway line leading to increased noise pollution and decreased privacy. Also the impact on the aesthetic appearance of the estate would be adversely affected and the removal of some trees would affect the stability of remaining trees. iii. The formation of the driveway at this stretch of Carfin Road in close proximity to the railway station entrance and roundabout raises concerns over road safety. iv. The land is too small to accommodate a two storey house. v. The development would have an adverse impact on property values of adjacent houses.

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 proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the North Lanarkshire Local Plan 2012 is relevant. The site is zoned as Policy HCF 1A (Residential Areas).

8.2 Policy HCF 1A resists proposals that would have an adverse impact on the amenity of surrounding residential properties and DSP4 (Quality of Development) contains the criteria for assessing the quality of development including the impact on amenity and proposals for access and parking.

8.3 Proposals are required to take account of the character of the existing site including its amenity value and landscaping features and developments must integrate successfully into the local area avoiding harm to the neighbouring amenity. This area of planted open space at the entrance to this housing estate is considered to be an integral part of the character of the area. It is at a prominent location on a main through route and provides a buffer at the access between the housing and the road. It is well laid out with attractive and maturing vegetation as part of a strategic

22 landscaping strip adding to the character and the amenity of the wider area. While a dwellinghouse could potentially be accommodated within the site, a house at this prominent location would look out of place and would be to the detriment of the character and amenity of the area. It is considered that the landscaped areas at the entrance should be retained as they were originally intended for amenity purposes, and, if this application were to be approved, it would set an undesirable precedent for other such areas of open space. The site could accommodate a development that meets with open space requirements and standards required for Transportation; however the proposal would result in an unacceptable loss of public open space to the detriment of the amenity of the area. The proposal is therefore contrary to HCF 1A and DSP 4.

8.4 In respect of the points made in the letters of representation I would comment as follows:

i. In relation to land ownership and issues relating to title deeds, these are legal matters and are not material planning considerations. The applicant has completed the necessary certificate as part of the application process and the neighbour notification has been carried out in accordance with planning legislation. ii. In relation to the impact on the amenity of houses to the rear, as detailed in paragraph 8.3, a house could be accommodated within the site and the design and impact on specific dwellings in terms of overshadowing and privacy, would require to be assessed further at the detailed application stage should permission be granted. However, it is agreed that the loss of the trees would have an adverse visual impact that would detract from the established character of the residential area. iii. Transportation do not support the road safety concerns raised. iv. In relation to the view that the site is too small for development, as detailed in paragraph 8.3, the dimensions are such that a house could be accommodated within the site meeting the Council's open space guidelines. v. Property values are not a material planning consideration.

8.5 In relation to the consultation response from Transportation, should permission be granted, conditions could be attached ensuring the development achieves their guidelines. In relation to the request by Greenspace for tree retention, this would require to be addressed at the detailed design stage however; it is not considered that such a condition would be suitable to overcome the concerns regarding the impact of the proposed development on this area of landscaping. In relation to Protective Services comments regarding noise, the failure of the applicant to demonstrate that the noise could be acceptably mitigated is an additional reason for refusal as, despite being asked, they declined to provide any further information in support of the proposal. In relation to the requirement for a site investigation, this is something that could also be conditioned should permission be granted. With regards to the objection by the Coal Authority, the applicant was advised of the need to submit a Mining Risk Assessment but has declined to do so. The applicant's failure to provide the necessary risk assessment is another reason for refusal.

9. Conclusions

9.1 In conclusion, the development is contrary to policies HCF 1A and DSP 4 of the North Lanarkshire Local Plan 2012 and PAN 1/2011 in that the erection of a dwelling would be detrimental to the character and amenity of the surrounding residential area and would result in the loss of an area of landscaped ground which is considered to benefit the surrounding area. If approved the development would

23 set an undesirable precedent for similar proposals, the incremental impact of which would be an unacceptable reduction in the established character of the area. Furthermore the applicant has failed to demonstrate that noise from the road and railway can be acceptably mitigated and that the land is suitably stable for development. Taking account of the points raised by the objectors it is recommended that permission be refused.

24 Application No: Proposed Development:

12/01328/FUL Change of Use from Public Open Space to Private Garden Ground and the Erection of a 1.8m Timber Fence Site Address:

Land West Of 332 Cambusnethan Street Cambusnethan Wishaw ML2 8PZ

Date Registered:

30th April 2013

Applicant: Agent: Mr Rudi Connor Graham Keys 332 Cambusnethan Street Ness Gallagher & CO Wishaw 95 Stewarton Street ML2 8PZ Wishaw ML2 8AG

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 019 Murdostoun No letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,

Recommendation: Refuse

Reasoned Justification:

The development fails to meets the criteria set out in the residential and community facilities policies contained within the North Lanarkshire Local Plan in that the proposed change of use and inappropriate enclosure of this area of landscaped open space would be detrimental to the character and amenity of the area.

25 PLANNING APPLICATION 12/01328/FUL Reproduced by permission Produced by Planning and Development of the Ordnance Survey on Change of Use from Public Open Space to behalf of HMSO.8 Crown Environmental Set-vi Cowight and database right Private Garden Ground and the Erection of North Lanarkshire C xx)9. All rights reserved. a 1.8m Timber Fence Flerning House rbhirv Ordnance Survey 2 Tryst Road colad Licence number 1000233%. Curnbernauld Land West Of 332 Cambusnethan Street, G67 1JW Wshaw I 26- Recommendation: Refuse for the Following Reason:-

1. The enclosure of the full area of ground with a 1.8 metre high timber fence and the removal of the established landscaping fails to meet the criteria set out in policies HCFlA and DSP4 of the North Lanarkshire Local Plan as it would result in the loss of an extensive area of valuable landscaped open space and would have an adverse impact on the amenity of the surrounding area setting an undesirable precedent for similar landscaped areas.

Backaround PaDers:

Consultation Responses:

Memo from Transportation received 3rdMay 2phl3. Memo from Greenspace Services received 28 May 2013.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 632503

Report Date:

30thMay 2013

27 APPLICATION NO. 12/01328/FUL

REPORT

1. Site Description

1.1 The application site is an area of landscaped open space to the east of 332 Cambusnethan Street, Wishaw. The site is located on the corner of Cambusnethan Street and Woodhall Road and has road frontages of 24 metres by 34 metres. A footpath dissects the north eastern corner of the site and a number of trees are located on the site behind the footpath. The land is relatively flat and there are no means of formal boundary treatment where the site meets Cambusnethan Street or Woodhall Road, however there is a timber fence at a height of approximately 1.5 metres on the boundary with 332 Cambusnethan Street. The site is part of a wider area of landscaped open space that extends to the North West and south of the site. To the east the site is bounded by single storey dwelling.

2. Prooosed Development

2.1 Planning permission is sought for the change of use of the area of ground to form private garden ground associated with the dwelling at 332 Cambusnethan Street. It is proposed to erect a timber fence of 1.8 metres in height, approximately 1 metre in from the footway that runs along the western and northern edges of the site and on the southern boundary of the application site.

3. Site Historv

3.1 None relevant.

4. Development Plan

4.1 The application site is designated under policy HCF 1 A (Residential Amenity) in the Lanarkshire Local Plan.

5.

5.1 Transportation has no objections to the proposal subject to a condition restricting landscaping between the proposed fence line and the footway to restrict the possibility of the footway becoming obstructed.

5.2 Greenspace Services have advised that tree removal should be carried out with the bird breeding season and that the 5 mature trees be retained within the site.

6. Representations

6.1 Following the standard neighbour notification process, no letters of representation have been 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. The proposal raises no strategic issues and can be assessed against the local plan.

7.2 The application site is within an area designated under policy HCF 1A (Protecting Residential Amenity and Community Facilities) in the North Lanarkshire Local Plan. This policy resists proposals that would have an adverse impact on the amenity of surrounding residential properties. Proposals are required to take account of the character of the existing site including its amenity value and landscaping features and

28 developments must integrate successfully into the local area avoiding harm to the neighbouring amenity.

7.3 This area of open space is a prominent area of formal grass and trees crossed by a footpath and forms part of a wider area of open space that fronts the main route from Newmains to Wishaw. It is well laid out and adds to the character of the area forming a green wedge that runs through this residential area, continuing through to the northern side of Cambunsethan Street. This well maintained grassed and landscaped area contributes to the character of the area as well as the visual amenity of the residential setting and is considered to be worthy of retention in the public realm. The loss of the whole area of open space to garden ground would be even more significant given the proposed removal of the trees within the site, the proposed enclosure of the site by a 1.8 metre high timber fence around the perimeter of the site, the proposed laying of gravel with limited boundary planting, all of which would result in a detrimental impact on the character of the area. A reduced area of enclosure was sought as it is considered that approximately a third of the open space should be retained in addition to the mature trees within the site as it was originally intended for amenity purposes, and, if this application were to be approved enclosing the whole area, it would set an undesirable precedent for other such areas of open space. Therefore the proposed enclosure of the whole area and subsequent change of use is considered to be contrary to policy HCFIA as it would adversely affect the character and amenity of this residential area.

7.4 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment, respond to the features of the site and achieve a high quality development. The proposed garden ground extension as detailed in paragraph 7.3 would result in the loss of the whole area of landscaped ground and the mature trees, adversely impacting upon the general amenity of the area. Furthermore the proposed method of enclosure through a 1.8 metre high fence around the perimeter would result in a hard edge to the wider area of open space adversely impacting upon the existing street scene at this location. Amended plans were requested from the applicant that sought to reduce the area of land to be enclosed, the retention of the mature trees and a reduction in the height of the fence, however no amendments were submitted. It is therefore considered that the development does not comply with the requirements of Policy DSP 4.

7.5 The proposed development would require the stopping up of the footpath that dissects the north eastern corner of the site and a Footpath Closure Order under Section 208 of the Town and Country Planning (Scotland) Act 1997 would require to be progressed separately in the event that the application were to be approved. The cost of progressing the Order would have to be met by the applicant, no agreement regarding this matter has been reached with the applicant at this time.

8. Conclusions

8.1 In conclusion, it is considered that this proposal is contrary to policies HCFlA and DSP4 of the North Lanarkshire Local Plan in that the change of use from open space to garden ground, the proposed means of enclosure and the loss of the mature trees would be detrimental to the character and amenity of the surrounding residential area, as it would result in the loss of a significant area of amenity ground and if approved would cause an unacceptable reduction in the established character of the area. It is therefore recommended that planning permission be refused.

29 Application No: Proposed Development:

13/00056/FUL Formation of Hot Food Takeaway (Retrospective) Site Address:

33 Bellshill Road Forgewood Motherwell

Date Registered:

26th April 201 3

Applicant: Agent: Mr James Reid N/A The Lunchbox 33 Bellshill Road Forgewood Motherwell MLI 3SQ

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 6 Motherwell West One letter of representation received. Paul Kelly, Michael Ross, Annette Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The retrospective development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The development is acceptable in terms of its impact upon the property and the surrounding mixed use area.

30 13/00056/FUL Reproducedby permisson Produced by ofthe Ordnance Survey on Mr James Reid Planning and Development 1 tehaif of HMSO @Crown 33 Bellshill Road Forgewood Motherwell Cqynfl and ctaiatabase nght Formation Hot Food Takeaway North Lanarkshire Council of Fleming House 2009 All rights reserved (Retrospective) Lanarkghirr! ordnance survey 2 Tryst Road coundl Jc Representation Cum bernauld hcence number loo023396 A G67 1JW v 31 Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing no. SKI 10916-01 and other plans stamped approved as part of this permission.

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

2. That unless otherwise agreed in writing by the Planning Authority, the opening hours of the takeaway hereby permitted shall be restricted to 0900 -1430 Mondays to Fridays and 0930 - 1430 Saturdays, Closed Sunday.

Reason: To define the permission and to enable the Planning Authority to retain effective control in the interests of the amenity of the area and to minimise the traffic impact of the development.

3. That the three dedicated off-street parking spaces as shown on the approved block plan shall be kept free of obstructions, shall not be used for the display of vehicles for sale, and shall be kept readily available for parking use at all times to the satisfaction of the Planning Authority.

Reason: To ensure the provision of satisfactory parking arrangements in the interests of traffic circulation and safety.

4. Noise associated with the completed development shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.

Reason: To ensure that the noise associated with the development will be within acceptable limits.

5. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.

Reason: To define the permission.

32 Backaround Papers:

Consultation Responses:

Memo from Transportation received 7Ih May 201 3 Memo from Protective Services received 16Ih May 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01236 632647.

Report Date:

31 May 201 3

33 APPLICATION NO. 13/00056/FUL

REPORT

1. Site Description

1.1 The application site is a shop unit centrally located within a linear group of buildings located off the main traffic corridor of Bellshill Road. The group of buildings is set back from Bellshill Road behind a parking aredforecourt. Other uses within the group include: a vacant shop formerly known as ‘On a Roll’; a servicinghepairs garage; a car wash; a hairdresser; and a vehicle hirekar sales business with associated vehicle accessories shop. A one-way system operates within the site with vehicles entering at the southern end and exiting at the north.

1.2 The site is located between a railway line to the west and Bellshill Road to the east. Dalzell Flying Club adjoins the complex to the north with two storey terraced dwellings beyond. A strip of landscaped open space fronting a large lay-by lies to the north east with five storey flats located beyond. Two hot food takeaways, a hairdresser, convenience store, and public house are located to the south east.

2. Prooosed Development 2.I Retrospective permission is sought for the use of the unit as a hot food takeaway. Three dedicated off-street parking spaces are provided directly in front of the unit.

3. Aoolicant’s Supportinu Information

3.1 The applicant provided a supporting statement detailing opening hours as: 0900 - 1430 Monday - Friday, 0930 - 1430 Saturday, Closed Sunday. The applicant advised that they had previously been operating from 0830 - 1430 Monday - Friday but have now delayed opening by one hour due to lack of custom early morning. Three members of staff are employed in the business. Deliveries occur once per week from the shop frontage via a box van. Deliveries are made between the hours of 0900-1100 and last a maximum of 10 minutes to unload goods.

4. Site Historv

4.1 The buildings at this location historically operated as car sales, petrol station and associated garage, but has been subdivided over a number of years. Submission of the application arose in response to investigations following the receipt of a complaint over the unauthorised operation of the business.

5. Develooment Plan

5.1 The site is zoned as HCF 1A (Residential Areas) on the adopted North Lanarkshire Local Plan (2012).

6.

6.1 Transportation has advised that the proposed development should be served by 5 off street parking spaces. They have raised concerns that as parking provision is substandard the development would lead to an increase in short term parking on Bellshill Road in contravention of an existing traffic regulation order which restricts waiting and loading.

6.2 Protective Services raised no objections, subject to conditions relating to regulation of noise from the development. They also confirmed that they have not received any complaints regarding the operation of the business.

34 7.

7.1 One letter of objection was received. The concerns raised can be summarised as follows:

1 There are no off-street parking spaces available, therefore vehicles require to park on the extremely busy Bellshill Road, giving rise to significant concerns over road safety. In addition, the takeaway attracts lunchtime custom from school children of nearby Braidhurst High and raises concerns over pedestrian safety in accessing the premises given that they are required to cross a busy road and negotiate manoeuvring vehicles in the forecourt in association with the vehicle sales/hire business, MOT garage and car wash.

2 There are enough takeaway food outlets in the area and the formation of another is neither justified nor will it contribute to the needs of the community where demand is reducing due to a diminishing population in the Forgewood area.

8. Plannina 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. The proposal raises no strategic issues and can be assessed against the local plan.

8.2 The application site is designated under policy HCF 1A (Residential Areas) in the adopted North Lanarkshire Local Plan (2012). Policy RTC 3B (Bad Neighbour Developments) also applies.

8.3 Policy HCF 1A states there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable subject to consideration of impact on residential amenity and provision for servicing and parking. Policy RTC 38 indicates that planning permission will only be granted for such developments where it can be demonstrated that amenity would not be adversely affected. Account also requires to be taken of the cumulative impact of such developments.

8.4 The site is located centrally within an area which is primarily residential, however, the immediate vicinity is mixed use in nature, details of the variety of uses operating nearby are noted in paragraphs 1.1 and 1.2 above. The group of businesses within which the site is located is also largely self contained and offset from adjoining residential properties by the adjoining landscaping and lay-by to the east, landscaped strip and level crossing to the south, and railway line to the west. In addition, the site is separated from residential properties to the north by the intervening buildings within this group. As indicated at paragraph 3.1 the take away only operates limited hours. It is considered that the site is suitably off-set from residential properties (a minimum of 40 metres) such that it has no significant impact upon the residential amenity of the area. A condition is, however recommended as requested by Pollution Control, with respect to noise limits associated with the development. Within this context, an additional hot food takeaway where there are a number of varied businesses, including two other hot food takeaways existing in the area, would not be considered as measurably out of character with the area. Neither would it present an unacceptable concentration of such uses given the existing variety of uses within this area.

8.5 Consideration must also be applied to the impact upon amenity and upon the road network resulting from the parking and servicing arrangements. Takeaways require five off-street parking spaces and whilst the applicant notes the provision of four spaces, only three lined spaces are marked directly in front of this unit and confirmed by the site owner as dedicated to this unit. However, the majority of customers have

35 been locals accessing the unit on foot, and due to the limited opening times, much of the trade occurs over lunchtime. Similarly, the seldom and short stay occurrence of parking for deliveries, is not considered to raise significant concerns with regard to parking availability. On this basis, it is considered that operation of the unit has not given rise to significant demand for parking and notwithstanding the comments of Transportation, it is considered that a relaxation of standards can be justified in this case. However, it is considered appropriate to impose a condition restricting the opening hours to those proposed in order to limit the impact of the use on the road network. In addition, it is also noted that a table and seats currently occupy part of the parking area; a condition is therefore recommended requiring that the spaces be kept free of obstructions in order that they are freely available and that the spaces shall not be used for the display of vehicles for sale.

8.6 In view of the above it is considered that no reduction in residential amenity has occurred and the use is in accordance with policy HCF IA. On balance, whilst not fully complying with parking standards, it is considered that the proposals have not had a significant detrimental impact upon the road network and accord with policy RTC 38.

8.7 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment and achieve a high quality development taking account of various criteria. In this case relevant considerations would include impact on amenity and access and parking. For the reasons noted above in paragraphs 8.4 and 8.5 it is considered that the change of use is not to the detriment to the amenity of the surrounding mixed use area or the road network and accords with DSP 4.

Consultations

8.8 The comments of Transportation have been addressed in paragraph 8.5 above and the comments of Protective Services in paragraph 8.4.

Representations

8.9 In relation to the points of objection noted in paragraph 7.1 above, the following comments may be noted:

1 There are three off-street parking spaces available and for the reasons outlined in paragraph 8.5 above, these are considered acceptable to serve the level of business attracted within the limited opening hours. With regard to access for high school children, it is noted that there is a traffic island directly in front of the site to assist pedestrians crossing Bellshill Road and that the adjoining footway is approximately three metres wide allowing circulation past parked vehicles. In addition, vehicle movement within the forecourt operates on a one-way format, is slow moving primarily due to queuing for the car wash, with lined parking bays being single sided such that pedestrians need only cross the manoeuvring aisle which is approximately four metres wide. On this basis, it is not considered that significant concerns arise with respect to pedestrian access to the premises.

2 Over provision/commercial competition are not material planning considerations. For the reasons contained in paragraph 8.4 above, the development is not considered to be detrimental to the character and amenity of the area.

9. Conclusions

36 9.1 In conclusion, it is considered that the retrospective change of use, given its location within a mixed use area and limited operational hours does not have a significantly detrimental impact on the character, amenity and road network of the surrounding area. It is therefore considered to comply with policies HCF lA, RTC 3B and DSP 4 and it is recommended that planning permission be granted.

37 Application No: Proposed Development:

13/00118/FUL Construction of Storage Building Site Address:

128 Main Street Chapelhall Airdrie North Lanarkshire ML6 8SE

Date Registered:

5th March 201 3

Applicant: Agent: Mr Robert McKeirnan N/A 10 Grahamshill Street Clarkston Ai rdri e North Lanarkshire ML6 7EN Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 1 Airdrie South 4 letters of representation received. Agnes Coyle, Michael Coyle, Thomas Curley, David Fagan,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed building will not result in a significant loss of amenity to the surrounding area. As such the proposal accords with policies HCFI A (Protecting Housing and Community Facilities) and DSP 4 (Quality of development) in the Finalised Draft North Lanarkshire Local Plan.

38 Rcpmduced bj pnnission Produced by dthe Orrhanae $unq on 13/00118/FUL Planning and Deuebpment behalfofHMSO.9Cmwn Mr Robelt McKeirnan Copytign and dattpbase ti#d m.nnMighb ~e~al128 Main Street Chapelhall Airdrie Fhmtng House OrdnanteSuney Construction of Storage Building 2 Tryst Road ticeme number iOOOzMs6. Jr Representations Cumbernauld 087 IJW

I

39 Proposed Conditions:-

1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.

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

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

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

3. That the building hereby permitted shall be used solely for the storage of cars and for no other purpose, including car repairs, without the prior written approval of the Council as planning authority.

Reason: To safeguard the residential amenity of the area.

Backa round Papers:

Consultation Responses:

Letters from The Coal Authority dated 22/3/13 Memo from Protective Services dated 26/3/13 Memo from Roads & Transportation dated 29/5/13

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521

Report Date:

3rdJune 2013

40 APPLICATION NO. 13/00118/FUL

REPORT

1. Site Description

1.1 The application site is located in Main Street, Chapelhall. It consists of a yard at present with a portacabin situated on the sites western boundary and is used for car sales. A 2 metre high timber slatted fence forms the site’s western boundary, whilst a 2 metre weldmesh fence forms the southern boundary. The adjacent motor engineer building forms the northern boundary and a 2 metre high fence forms the eastern boundary A motor repair garage, located on the site’s northern boundary which shares a common access with the application site. Two storey residential properties are located on the site’s southern and eastern boundaries with Main Street with houses beyond on the sites western boundary.

2. Proposed Development

2. I The building is to be located on the western extremity of the site and will replace a much smaller portacabin that is currently situated there. The new build measures 10.6m wide by 18.6m in length and is 4.2m in height (2.9 to eaves) to the apex of the building amounting to some 197squ.metres. 4 vehicle access doors are proposed on the front elevation and it is proposed to store cars (approx. 8 cars) within the secure building. No other doors or windows are proposed for the building. A small internal office and w.c measuring 12 squ.metres is also proposed. Finishing materials will be requested through an appropriate condition.

3. Applicant’s Supportina Information

3.1 None.

4. Site Historv

0 06/0102O/FUL Demolition of Public House, Change of Use of Land to Form Extension to Existing Car Sales Business and Stationing of Ancillary Portacabin approved 2006. 0 12/01209/FUL Construction of Storage Building - Withdrawn 5/2/13

5.

5.1 The site is designated HCF1 A (Protecting Housing and Community Facilities) in the North Lanarkshire Local Plan. All Development Strategy Policies (DSP 1-4) apply to all applications, however DSP4 (Quality of Development) is of particular relevance in this instance.

6. Consultations

6.1 Neither Protective Services, Roads and Transportation nor The Coal Authority have any objections to the proposal, subject to conditions.

7. Representations

7.1 Following standard neighbour notification process, four letters of representation were received. The objections and comments thereon may be summarised as follows:-

Objection: Increased noise from the site as a result of car repairs, the use of compressors and power tools, storage of hazardous materials.

Comment: The applicant has applied for a storage shed, not a car repair workshop. A condition is proposed which limits the use of the site to storage of vehicles only.

41 Objection: The height of the building will block out sunlight.

Comment: The building is 4.2 metres high to the apex and some 2.9 metres to the eaves level. A sunlightldaylight test was carried out and it concluded that, at this height, there will be no sunlight / daylight issues for the nearest dwelling as a result of the new structure. An existing portacabin is located within the site at the same position as the proposed building, albeit that it is smaller and around 3.5 metres high.

Objection: There will be increased parking problems in the area.

Comment: The use is already established, this application is to replace an existing portacabin within the site, there should therefore be no increased parking as a result of the development.

Objection: There will be more pollution as a result of the development.

Comment: As stated above, this is not a new use being introduced into the area, therefore there should be no increased pollution as a result of the development.

Objection: The speed limit should be reduced and there should be speed bumps on the road.

Comment: The proposed development does not warrant any additional offsite road works as the building is replacing an existing smaller building and the use is established at the site.

Objection: The proposed development encroaches significantly on to adjacent vehicle repair business.

Comment: The applicant disputes this claim. It is considered that this is a civil matter between both parties. I can also confirm that the applicant notified the adjoining neighbour as being part owner of the application site.

8. Planninu 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 DeveloDment Plan: North Lanarkshire Local Plan (NLLP): The site is located within a residential area where Policy HCFIA applies. This policy seeks to protect the residential area from inappropriate development in the residential area. The site already benefits from an existing planning permission to operate as a car sales yard with associated portacabin, this application is for the replacement of the temporary portacabin structure with a larger permanent building. It is considered that the proposal is generally in accordance with the aforementioned policy.

8.3 The North Lanarkshire Local Plan goes on to assess developments under policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). In considering these policies only DSP4 is relevant. Policy DSP 4 - sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, rights of way and features of natural or historic environmental interest, site appraisal and evaluation of design options, air, noise, pollution impacts, water body status protection, integration into the local area and open space provision. The building is a modern, typical commercial building that relates well to the surrounding environment. DSP4 is therefore considered to be satisfied.

42 8.4 Consultations: Neither NLC Protective Services, Roads and transportation nor The Coal Authority have any objections to the proposal.

9. Conclusions

9.1 In conclusion, it is considered that the proposed development would not result in a significant impact on the residential amenity of immediate neighbouring properties and the wider residential area in general. The use of the site is established as car sales and there is an existing portacabin at the site which is to be replaced by the new larger storage building. As such, it is recommended that planning permission be granted

43 Application No: Proposed Development:

13/00273/AMD Non-Compliance with Conditions (Section 42) Restricting the Sale of Goods (Planning Permissions 04/00680/OUT (condition 16) 04/01917/REM (condition 7 and 8) 06/01238/FUL (condition 1) 06/01240/FUL (condition 1) 06/01341/FUL (condition 2) and 06/01342/FUL (condition 2)

Site Address:

Westway Retail Park & Wardpark North Castlecary Road Wardpark Cum bernauld G68 OEF

Date Registered:

28th February 201 3

Applicant: Agent: Cumbernauld Retail Park Limited Partnership Turley Associates C/o Agent 115 George Street Edinburgh EH2 4JN

Application Level: Contrary to Development Plan: Major Application No

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

Recommendation: Approve subject to condition

Reasoned Justification:

The removal of existing conditions restricting goods for sale and replacement with a single condition covering comparison goods will reflect the current status of the Westway Retail Park (part of the centre network) enabling the sale of a wider range of comparison goods, and as such, the proposal concurs with the relevant policy zoning in the North Lanarkshire local Plan.

44 13100273MMD Cumbernauld Retail Park Limlted Partnership Weatviay Rdaa Park CaMecary Road Wardpark Cumbernauld Non-Compliance vllth CmdtbnsfSscbim 42) Produced by Planning and Development Restrictincl._ the Sde ofOmds (Plannhg Permissions I Environmental Sewices ILY 04dIU#OkU T [mdilion 16), 1 North Lanarkshire Cound 04/01 91 7REM(conditions 7,881, Fhming House 061Dl238RUL(condrion 1 ), 06Dl2QWFUL (condttion 2 Tryst Road l),06101 341 FUL (conMon 9,810) and Cumbcrnauld 06101 342iFUL (conditions 9.81 0) 067 IJW V

45 Proposed Conditions:-

1. Notwithstanding the requirements of extant permissions on this site, the use of retail units (class 1) shall be extended to also include the sale of comparison goods as defined by the Scottish Government Report on Town Centres and retailing Methodologies Report (December 2007) only.

Reason: To define the permission.

2. Notwithstanding the requirements of Condition 1 above and for the avoidance of doubt, all conditions imposed on Planning Permissions Ref. 04/00680/OUT, 04/0191 7/REM, 06/01238/FUL, 06/01240/FUL, 06/01341/FUL and 06/01342/FUL (with the exception of 04/00680/OUT(condition 16), 04/0191 7lREM(conditions 7&8), 06/01 238/FUL(condition I), 06/0124O/FUL (condition I), 06/01341/FUL (condition 2) and 06/01342/FUL (condition 2)) still apply.

Reason: To define the permission.

46 Backaround Paoers:

Representation Letters

No letters of representation were received.

Contact information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 632524

Report Date:

2gthMay 201 3

47 APPLICATION NO. 13/00273/AMD

REPORT

I. Site Descricttion

1.1 The site lies within the Wardpark industrial area some 2.5 miles to the north east of Cumbernauld Town Centre. It is bounded by large industrial units immediately adjacent to the site boundary, north and to the east. The (B816) Castlecary Road and (A80) Trunk road beyond bounds the site to the south. The western boundary is characterised by open landscaping and a mix of industriakommercial buildings. The site is currently occupied by a large production facility (OKI) and 11 terraced retail units which form the WesWay retail park. Combined, this has a floor area of 13300 sqm along with associated yards, extensive car parking and this represents 43% of the floor space for which planning permission was approved in 2004. The remainder has not been developed.

2. Proctosed DeveloDment

2.1 The application relates to a number of previous applications which have been approved, outlined in paragraph 4.1 below, all of which relate to a production facility (OKI) development and related retail development (Westway). This application being principally concerned with the approved retail element considers the relevant various planning permissions and the relevant conditions which restrict the nature of the goods sold. The applicant is effectively seeking permission to broaden the range of goods for sale that are currently permissible to include all comparison goods.

2.2 An application under Section 42 of the Planning Act has therefore been submitted seeking planning permission for non-compliance with the various conditions listed below.

0 04/00680/OUT (condition 16) 04/01917/REM (conditions 7& 8) 0 06/01238/FUL (condition 1) 0 06/01240/FUL (condition 1) 0 06/01341/FUL (condition 2) 0 06/01342/FUL (conditions 2)

(These all broadly restrict the sale of goods to DIY, furniture, carpets, electrical, gardening, pet supplies, with cycles and vehicle supplies permitted in Unit 2. With control over floor areas, a subdivision was also permitted to allow two smaller units)

2.3 Substitution of the above conditions with a single condition restricting the sale of goods to comparison only is proposed and will have the consequential cause of negating condition 8 (no longer having meaning) of reserved matters approval 04/0191 7/REM which related to the entire site. This condition restricts retail development so that no more than 2 retail units can be occupied by retailers primarily offering the sale of goods from any one of the categories referred to.

2.4 It is noted that the aim of restricting the nature of goods sold was to define a type of retail, in order to respect the role and function of other retail centres nearby. The applicant now considers these restrictions to be obsolete due to new planning policy set out in the North Lanarkshire Local Plan (which more openly supports comparison trading at Retail Parks), in order to reflect the type of retail actually on offer at the Retail Park and to better improve the function and success of the Retail Park in its role as part of the Network of Centres, resulting in economic and employment opportunities.

2.5 An application under Section 42 of the Planning Act is also being considered at this

48 time (13/00274/AMD) and this seeks planning permission for non-compliance with condition 18 of 04/00680/OUT, outlined below. This condition was attached in order to define the original outline permission relevant to all applications above, and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

0 That, notwithstanding that this permission is in outline only, there shall be no more than 12 Class I (RetailJ Units constructed on the area of the site outlined in green on the approved plans.

3. Armlicant’s Sumortina Information

3.1 The applicant has submitted a supporting planning statement discussing the relevant planning merits of this application for consideration. In particular,the applicant commented that the site is defined in the local plan as a ‘commercial centre’ with its role limited to ‘comparison retail / leisure role’ and is part of the identified Network of Centres. As such he does not consider any policy requirement to assess the impact upon other centres and that current national guidance is supportive of this view. Put simply, the applicant is requesting that the planning permission at Westway be brought up to date and in line with adopted local plan and its defined Network of Centres. Additionally he comments that the application will help bring forward sustainable economic development, such as job creation, in an already established retail location.

4. Site History

4.1 The following planning permissions are considered relevant to the application and contain the conditions which the applicant seeks to vary:

0 Planning permission 04/00680/OUT (Construction of Production Facility for OK1 (18500 Square Metres) a Retail Warehouse Park (30650 Square Metres) and Three Fast Food Outlets) approved 20th August 2004, subject to the following condition which the applicant seeks to vary.

That notwithstanding that this permission is in outline only, the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and the generalities of condition 2, the use of the class 1 (retail) units hereby approved shall be restricted to the sale of the following goods: - DlV, furniture, carpets, electrical, gardening, pet supplies.

The reason for the condition being to define the permission in accordance with the submitted details, and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

0 Planning permission 04/01 91 7/REM Construction of Retail Warehouse Park (30,650 sq m) with 3 Fast Food Unzs (1,800 sq m) including Parking, Servicing and Landscaping approved 2 February 2004 subject to the same condition as above which the applicant seeks to vary.

That, notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1992, the use of the Class I (Retail) Units hereby approved shall be restricted to the sale of the following categories of goods;-

DlV, furniture, carpets, electrical, gardening, pet supplies,

The reason for the condition being to define the permission in accordance with the outline permission and the submitted details, and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

49 Planning permission 06/01238/FUL (Variation of Condition 16 and Removal of Condition 20 of Outline Planning Permission N/04/00680/OUT) approved 24thof August 2006. This application sought a variation to conditions to unit 2 within the development enable the sale of cycles, vehicle parts and vehicle accessories (Halfords). This application was followed by a further application 06/01240/FUL (Variation of Condition 7 and Removal of Condition 10 of Planning Permission N/04/01917/REM) to vary condition 7 and remove condition 10 of the same reserved matters application again this related to a variation to the goods sold within unit 2 enabling the sale of cycles, vehicle parts and vehicle accessories and was approved on the 24th August 2006. Condition 1 of both approvals (which the applicant seeks to remove) allowed the expansion of goods allowed for sale within this unit. The condition which is replicated in both permissions reads as follows:

That in so far as it affects Unit 2 onlyl Condition 7 of reserved matters consent N/04/01917/REM granted on 9th February 2005 is hereby amended to read as follows:-

'That notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the use of Unit 2 shall be restricted to the sale of the following categories of goods;-

DlV, furniture, carpets, electrical, gardening, pet supplies, cycles and vehicle

parts and accessories. I

In August 2006 a further two planning applications were submitted which related specifically to units 9 and 10. Applications 06/01341/FUL (Variation of Condition 9 of 04/01917/REM to Provide Retail Unit of 475sq.m. (Unit 10) and 06/01342/FUL Variation of Condition 9 of 04/01917/REM to Provide Retail Unit of 475 sqm. (Unit 9), both of which were approved November 2006. This was required as condition 9 of the reserved matters application places restrictions on of the retail units to no less than 920sqm gross external floor area. The two units having a floor area of 475sqm each (combined 950).

The restrictive condition above continues to be applied to both permissions restricting the approved uses (condition 2) to the sale of the following categories of goods (DIY, furniture, carpets, electrical, gardening, pet supplies), in order to define the permission in accordance with the submitted details, and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

5. Develooment 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 zoned under Policy RTClB1 Protecting the North Lanarkshire Centre Network, in the North Lanarkshire Local Plan, which seeks to protect the network of centres as the continuing focus of retail, leisure, civic and community uses. 6. Consultations

6.1 No additional comments were sought from consultees.

7. Reoresentations

7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation were received.

50 8. Plannina Assessment

8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents.

8.2 Section 42 of the Act sets out that on receiving such an application, the planning authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, planning permission should be granted.

8.3 Conversely, should it be decided that planning permission be granted with the same conditions to which the previous permission was granted, then planning permission should be refused.

8.4 In considering the circumstances under which the application was approved it should be considered that the Cumbernauld Local Plan has been superseded by the North Lanarkshire Local Plan and the following policy amendments are now relevant.

8.5 Develoment Plan: North Lanarkshire Local Plan (NLLP): The site is covered by local plan policy RTCI Protecting the North Lanarkshire Centre Network. In considering retail and town centres it should be noted that Policy RTCl seeks to protect the North Lanarkshire Centre Network and illustrates a retail hierarchy as the focus for the appropriate measure of retail, civic, leisure and community uses. This site is designated an existing commercial centre (Retail Park) RTCl B1. The site falls within the general policy RTCI being secondary to town centres in terms of retail hierarchy and falling within (RTCI B1 Commercial Centres) as a retail park. In being part of the retail centre network, the proposal is considered to comply with the principle policy of the North Lanarkshire Local Plan which designates the retail park for comparison retail and leisure, specifically classes 1, 3 and 11. The impact of the proposal is thereby considered against the policies below.

8.6 Given the foregoing, the impact of the proposed changes to conditions requires to be considered against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development) of the North Lanarkshire Local Plan. Due to the previous permissions, and inclusion of the Retail Park in the adopted Local Plan these considerations have however already been taken through earlier planning applications, and the recent local plan process which supports comparison trade from this location. Similarly, policy RTC3 Assessing Retail and Commercial Leisure Development, which requires further impact assessment for new retail, is broadly satisfied, again, given the established nature of the site and it’s zoning in the adopted Local Plan as part of the network of centres, one which supports comparison trade.

8.7 While this application is not seeking to reassess the principle of the existing approval, it is recognised that the details of the approval, in expanding the meaning of cornparison goods, requires assessment. An indication of the types of goods sold under the term comparison goods is provided in the Scottish Government Report on Town Centres and retailing Methodologies Report (December 2007) and includes (in paragraph 4.1 05) the following categories as comparison retail goods; books, clothing, footwear, radio, television, musical, photographic etc, chemists goods, jewellery etc, recreation and other goods. Policy DSP2 and RTC3 specifies that for developments to be acceptable, they should be consistent with locational criteria including, safeguarding the vitality and viability of town centres RTCIA of the centre network by supporting their diversification and improving their environment. In considering a relaxation of the wording of the relevant conditions there may be a

51 perception that if approved the modification of conditions will be accepted without measuring impact on the town centre, in terms of both vitality and viability (given the wide scope of goods covered by term comparison retail). Similarly, it is difficult to argue that this proposal will improve the environment or diversification of the town centre. The conditions relevant to those existing permissions, took cognisance of competing interests within the retail network, restricting trade on this basis.

8.8 Notwithstanding this assertion, it is recognised that these conditions do not now reflect the contemporary position of the adopted local plan which supports more open comparison trading from these locations, formally recognising Westway as a comparison trade centre, without reference to such ‘bulky’ goods. It is noted that this is a matter specifically considered by the Reporter as part of the local plan process. In recognising this evolved arrangement this application is seeking to rationalise existing conditions over a number of approvals to one single condition reflecting the contemporary planning policy position in the provision of comparison goods within the Council’s defined Retail Parks. In this regard, and taking into account the more open form of policy support for comparison trading from this location, the matter is not reasonably considered to constitute an addition to the land supply, technically requiring assessment through formal Retail Impact Assessment. The applicant is not proposing additional physical development but rather continuing to implement an existing permission approved in February 2004, but with a form of trade recognised and supported in recently approved policy. It is therefore acknowledged that in policy terms, the impact on the retail network has effectively been accepted by virtue of the adoption in the North Lanarkshire Local Plan. The proposal does not thereby conflict with the development strategy policies. In addition to this, it is recognised that a more flexible approach may result in additional economic benefits for the local area, in terms of the Retail Parks functional success. It is recommended that a condition restricting trade to the appropriate comparison retail categories is included in any decision to approve the application.

9. Conclusions

9.1 The application which was submitted under Section 42 of the Act seeks to increase the range of comparison goods over that already approved with the prospect that previous conditions restricting the sale of comparison goods to bulky goods only will now be removed to include all comparison goods. In doing so it is recognised that circumstances have changed significantly since the granting of the original permission and the rationalisation of a number of previous conditions over a number of permissions into one condition will enable future development to prosper while concurring with the adopted local plan.

52 Application No: Proposed Development:

13/00274/AM D Non-Compliance with Condition 18 (Section 42) Restricting Maximum Number of Retail Units to 12 (Planning Permission 04/00680/OUT)

Site Address:

Westway Retail Park & Wardpark North Castlecary Road Castlecary Road Wardpark Cum bernauld G68 OEF

Date Registered:

28th February 2013

Applicant: Agent: Cumbernauld Retail Park Limited Partnership Turley Associates C/o Agent 115 George Street Edinburgh EH2 4JN

Application Level: Contrary to Development Plan: Local Application No

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

Recommendation: Approve subject to conditions

Reasoned Justification: The removal of the condition restricting the number of units within the approved retail floor area to allow more than 12 units will better reflect the current status of the Westway Retail Park (where 11 units currently exist, with under half of the approved floor area having been developed and uptaken) and help enable improved function of the centre. The proposal satisfactorily complies with the relevant policies in the North Lanarkshire Local Plan.

53 13l#274/AWID Rcprwiuced k.q pemistipn Produced by dthPOrdrwcPSuncr on Cumbernauld Retail Park Limited Partnership Planning and Development ~WP~HLIW.OCmwn Westway Retail Park Castlecary Road Environmental Sewi CoPrngtt and dttpbarp Wardp ark C umb ern au Id North ldnrfkshire C A1lrlmmmd. Non-Compliance with Condition 18 (Section 42) Fkming House Otdnance Swey 2 Tryst Rord UFemenumber,0DOZ33BB. Restricting Maximum Number of Retail Units to Cumbcrnauld 12 (Planning Permission 04/0068D/OUT) G87 IJW Proposed Conditions:-

. That notwithstanding extant planning permission 04/0191 7/REM, a further planning application shall be submitted to the Planning Authority in respect of the following matters specified in conditions:- (a) the siting, design and external appearance of all buildings and other structures. For the avoidance of doubt the number of retail units shall be restricted to an additional 18 above those already constructed. (b) the layout of the site, including all roads, footways, and parking areas; (c) the details of, and timetable for, the hard and soft landscaping of the site.

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. Notwithstanding the requirements of Condition 1 above and for the avoidance of doubt, all conditions imposed on Planning Permissions Ref. 04/00680/OUT, 04/0191 -//REM, 06/01238/FUL, 06/0124O/FUL, 06/01341/FUL and 06/01342/FUL (with the exception of 04/00680/OUT(condition 18) and those removed by 13/00273/AMD still apply.

Reason: To define the permission.

55 Backuround PaDers:

Representations

No letters of representation received

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 632524

Report Date:

29th May 2013

56 APPLICATION NO. 13/00274/AM D

REPORT

1. Site DescriDtion

1.1 The site lies within the Wardpark industrial area some 2.5 miles to the north east of Cumbernauld Town Centre. It is bounded by large industrial units immediately adjacent to the site boundary, north and to the east. The (8816) Castlecary Road and (A80) Trunk road beyond bounds the site to the south. The western boundary is characterised by open landscaping and a mix of industrial /commercial buildings. The site is currently occupied by a large production facility (OKI) and 11 terraced retail units which form the Westway retail park. Combined, these cover a floor area of 13300 sqm in total along with associated yards, extensive car parking and this represents 43% of the floor space developed for which planning permission was approved in 2004. The rest remains undeveloped.

2. Proposed DeveloPment

2.1 The application relates to a previously approved permission in principle (outlined in paragraph 4.1 below) for a production facility (OKI) development and related retail development (Westway Retail Park). The proposal is principally concerned with the approved retail element, and considers a planning condition which restricts the number of retail units to 12. The applicant is seeking permission to remove that restriction, to a number greater than 12 units. It is noted that under the terms of the existing permissions, and taking into account development currently on the ground, only one further single large scale unit would be permissible should the remaining floorspace be developed.

2.2 An application under Section 42 of the Planning Act has therefore been submitted seeking planning permission for non-compliance with condition 18 of 04/00680/OUT outlined below. This condition was attached in order to define the permission and to ensure the protection of nearby retail centres in accordance with the aims of the development plan.

That, notwithstanding that this permission is in outline only, there shall be no more than 12 Class I (Retail) Units constructed on the area of the site outlined in green on the approved plans.

2.3 A related application under Section 42 of the Planning Act is also being considered (1 3/00273/AMD) and this seeks planning permission for non-compliance with various conditions which relate to the restriction of trade to specific categories of comparison retail goods.

3. ADDlicant’s Sumortina Information

3.1 The applicant has submitted supporting information with this application in the form of a letter which outlines the planning history of the site and puts the case for the modification of condition 18 which restricts the number of units enabled by the previous permission.

4. Site Historv

4.1 The following planning permission is considered relevant to the application and contains the condition which the applicant seeks to vary:

Planning permission 04/00680/OUT (Construction of Production Facility for OK1 (18500 Square Metres) a Retail Warehouse Park (30650 Square Metres) and Three Fast Food Outlets) approved 20th August 2004.

57 Also relevant are:

Planning permission 04/0191 7/REM Construction of Retail Warehouse Park (30,650 sq m) with 3 Fast Food Units (1,800 sq m) including Parking, Servicing and Landscaping approved 2ndFebruary 2004.

Planning permission 06/01238/FUL (Variation of Condition 16 and Removal of Condition 20 of Outline Planning Permission N/04/00680/OUT) approved 24'h of August 2006.

In August 2006 a further two planning applications were submitted which related specifically to units 9 and 10. Applications 06/01341/FUL (Variation of Condition 9 of 04/01917/REM to Provide Retail Unit of 475sq.m. (Unit 10) and 06/01 342/FUL Variation of Condition 9 of 04/0191 7/REM to Provide Retail Unit of 475 sqm. (Unit 9), both of which were approved November 2006. This was required as condition 9 of the reserved matters application places restrictions on the retail units to no less than 920sqm gross external floor area. The two units having a floor area of 475sqm each (combined 950).

5. DeveloDment 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 located in a RTCIBI Protecting the North Lanarkshire Centre Network, in the North Lanarkshire Local Plan, which seeks to protect the network of centres as the continuing focus of retail, leisure, civic and community uses.

6. Consultations

6.1 No additional comments from consultees.

7.

7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation were received.

a. Plannina Assessment

8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents.

8.2 Section 42 of the Act sets out that on receiving such an application, the planning authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to different conditions, or that it should be granted unconditionally, planning permission should be granted.

8.3 Conversely, should it be decided that planning permission be granted with the same conditions to which the previous permission was approved, then planning permission should be refused.

8.4 In considering the circumstances under which the application was approved it should be noted that the Cumbernauld Local Plan has been superseded by the North Lanarkshire Local Plan and the following policy amendments are now relevant.

8.5 Develoment Plan: North Lanarkshire Local Plan (NLLP): The site is covered by local plan policy RTC1 Protecting the North Lanarkshire Centre Network. In considering

58 retail and town centres it should be noted that Policy RTC1 seeks to protect the North Lanarkshire Centre Network and illustrates a retail hierarchy as the focus for the appropriate measure of retail, civic, leisure and community uses. This site is designated an existing commercial centre (Retail Park) RTClBI. The site falls within the general policy RTC1 being secondary to town centres in terms of retail hierarchy falling within (RTClBl Commercial Centres) being a retail park. While the site is designated as a location for comparison goods defined in the plan (glossary) as categories of mainly durable goods consumers are likely to compare across outlets and goes on to give examples such as furniture or electrical equipment. The proposal is considered to comply with the principal policy of the North Lanarkshire Local plan being a designated retail park for comparison retail and leisure. The impact of the proposal is thereby considered against the policies below.

8.6 Given the foregoing the impact of the proposed changes to conditions also considered in the North Lanarkshire Local Plan (NLLP) 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 previous permissions approved Policies DSPI , DSP3 and DSP4 are not relevant.

8.7 Policy DSP 2 covers the location of development and again while this application is not seeking to reassess the principal of the existing approval it is recognised that the details of the approval, in changing the number of units enabling a change in the range of comparison goods, requires assessment. Amongst other matters, this policy specifies that for developments to be acceptable, they should be consistent with locational criteria including, safeguarding vitality and viability of town centres RTCI A of the centre network by supporting their diversification and improving their environment.

In considering a relaxation of the wording of the relevant conditions there is the prospect that if approved the modification of conditions will be accepted without measuring the impact on the town centre in terms of both vitality and viability (given the wide scope of goods covered by term comparison retail). Similarly it is difficult to argue that this proposal will improve the environment or diversification of the town centre. The existing conditions in taking cognisance of competing interests within the retail network restricted the permission on this basis.

Notwithstanding this position it is recognised that previous condition was attached taking cognisance of the site being designated for industrial development in the former Local plan and in the knowledge that the retail element was approved in tandem with an industrial manufacturing unit (OKI).Subsequently, this status has changed following the approval of the retail park which is recognised in the revised designation of the site in the North Lanarkshire Local plan. It must therefore also be considered that the previous conditions do not reflect the contemporary position of the adopted local plan.

In recognising this evolved position this application is seeking to rationalise a series of planning conditions embedded within the current planning history of a development which is incomplete (not all of the floor space envisaged within the original permission has been realised). As such the applicant is not proposing additional physical development but instead aligning an approved development with the provision of the adopted local plan and it cannot therefore reasonably be considered to be a potential addition to planned land supplies for retailing. It therefore has to be accepted that the impact on the retail network has been measured and accepted by virtue of both the adoption in the north Lanarkshire Local plan (this site as a retail park for comparison goods) as well as in the approval of the original application. It is therefore accepted that the proposal does not conflict with the development strategy policies.

8.8 While the applicant proposes to increase the number of units to more than 12, this will have to be achieved against the restrictions of both the approved development foot pint and the provisions of the reserved matters approval 04/01917/REM to Provide

59 Retail Units restricted by condition 9 of that approval which permits retail units to no less than 920sqm gross external floor area. The matter of further subdividing units beyond this limit would be the subject of a further application. It should however be noted that applications 06/01341 /FUL and 06/01 342/FUL (planning history above) approved the subdivision of retail units 9 and 10 to two areas of 475 sqm, approved November 2006.

9. Conclusions

9.1 The application which was submitted under Section 42 of the Act seeks to broaden the range of comparison goods that can be sold from all the retail floor space already approved and rationalise a number of permissions and attached conditions for this site. it is recognised that circumstances have changed significantly since the granting of the original permission and the imposition of an overarching condition covering the sale of all comparison goods should enable greater, though controlled, commercial freedom while concurring with the adopted focal plan.

60 Application No: Proposed Development:

13/00367/FUL Erection of Garage (In Retrospect) Site Address:

Kirkhill House Kirkhill Road Netherton Wishaw ML2 ORH

Date Registered:

15th April 201 3

Applicant : Agent: Mr Michael Hough N/A Kirkhill House Kirkhill Road Netherton Wishaw ML2 ORH Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 8 Motherwell South East And Ravenscraig No Letters of representation received. Kaye Harmon, Thomas Lunny, Gary O'Rorke, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The development meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan. The development has been completed without detriment to the Listed Building and the surrounding area.

61 Produced by 3eprcduced by permission PLANNING APPLICATION d the Ordnance Survey on 13/00367/FUL Planning and Development =half of HMSO. 0 Crown kpyTight and database nght Erection of Garage (In Retrospect) W.All rights reserved. Irdnance Survey Kirkhill House, Kirkhill Road, Wishaw .icence number 100023396. I G67 IJW V 62 Proposed Conditions:-

1. That the use of the garage hereby permitted shall be restricted to private use ancillary to the existing dwellinghouse on the site and no commercial activity shall be carried out, in or from, the building.

Reason: To safeguard the amenity of the residential area.

Backaround Papers:

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 632503

Report Date:

3rdJune 201 3

63 APPLICATION NO. 13/00367/FUL

REPORT

1. Site Description

1.1 The application site is Kirkhill House, Kirkhill Road, Netherton, a category C Listed Building. The dwelling is two storeys in height and is finished with a natural slate roof, natural stone and timber framed windows. The site is situated within the Green Belt and is surrounded by open land to the west, north and east and by another detached house to the south. The site is accessed from a private lane that leads to the Covenanters Monument and the wider Clyde Valley. The site is relatively flat however there is a sharp increase in levels adjacent to the garage on site. The application is in retrospect following the completion of the garage earlier this year prior to this application being submitted.

2. Proposed Development

2.1 Planning permission in retrospect is sought for the erection of an attached garage on the north side of the dwelling. The house is irregular in shape and is 2 storeys to the south and single storey to the north. The garage projects 7 metres from the existing single storey section and 5 metres in width and is the same height as the existing eaves and ridge height of the single storey element of the dwelling. The garage is finished with a natural slate roof and smooth render with markings to mimic natural stone walls. A similar sized flat roof garage previously occupied the application site.

3. Applicant's Supportha Information

3.1 No supporting information has been submitted in connection with the application. However, for clarification there is an associated Listed Building Consent application related to the proposed works, ref: 13/00368/LBC. That application is presently under consideration and is to be assessed under delegated powers.

4. Site History

4.1 08/0101 6/LBC Installation of Roof light and External Downpipe approved 2nd September 2009.

5. Development Plan

5.1 The application site is zoned as NBE 3A (Assessing Development in the Green Belt) and NBEI A3b (Areas of Great Landscape Value) in the North Lanarkshire Local Plan.

6. Consultations

6.1 No consultations were required in the assessment of the application.

7.

7.1 No letters of representation have been received following the neighbour notification procedures. a. Plannina Assessment

8.1 In accordance with Section 25 of 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 policies. In the North Lanarkshire Local Plan the site is covered by NBE3A (Assessing Development in the

64 Green Belt) and NBEl A3b (Areas of Great Landscape Value). Policy NBEI B2C (Listed Buildings) is also applicable in the assessment of this application.

8.2 Policy NBE 3A seeks to protect the character of and to promote development in the Green Belt through restricting development to acceptable types and sets criteria for assessing the impact of developments. Policy NBEI A3b seeks to ensure that developments will have no adverse impacts or that any impacts can be mitigated in such areas. As set out in SPG 07 the definition of acceptable types of development includes extensions to established dwellings. SPG7 Section I states that extensions to dwellings in the Green Belt are generally acceptable provided that their size does not prejudice the open character of the surrounding countryside and that the design is consistent with the character and scale of the existing building group. The garage replaces an existing flat roof garage that was built in this location and the footprint of the garage is marginally larger at 35 square metres, well below the 30% floor space increase as detailed in SPG07. Furthermore the garage is located in a position that is well screened and has very little impact on the surrounding area. The design and roof pitch are consistent with the character of the dwelling. The development is considered to comply with policies NBE3A, NBEI A3b and the associated SPG07.

8.3 Policy NBEI B2C seeks to asses the design, materials, scale and siting of development to ensure it is appropriate to the character and appearance of the listed building. The North Lanarkshire Local Plan (NLLP) requires all applications to be assessed against policies DSP i(Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited scale and nature of the development, policies DSP 1, 2 and 3 are not relevant. Policy DSP 4 states that development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and use; the design and scale of the development, including access and parking and the use of materials, without having an adverse impact on the amenity of that area.

8.4 In terms of policies NBEI B2C and DSP 4 the replacement garage at this location is considered acceptable. Although sizeable, the garagehtore is designed to complement the existing listed building. The garage is attached to the rear of the C Listed dwelling adjacent to a sloped embankment. It is set in a screened location in terms of views from the adjacent private road and has no significant impact on the listed building or its setting. The garage has a pitched roof and is finished in natural slate and smooth render marked to represent the stone work on the house. The design, size, scale and location of the garage are such that it is considered generally sympathetic to the original dwelling and it is considered that the current garage is a significant improvement over the previous flat roofed garage. While it would have been preferable for the rendered walls of the garage not to be marked out in a way which attempts to mimic the sandstone, it is not considered that this is reason enough to recommend refusal of the application. Due to its orientation and location within the site, the garage does not raise any amenity issues for adjacent properties. The amount of useable garden ground and parking will remains in excess of the Council’s minimum standards. It is therefore considered that, subject to conditions restricting the use of the garage, the development complies with policies NBEI B2C and DSP 4.

9. Conclusions

9.1 It is considered that the development is in accordance with the North Lanarkshire Local Plan. The garage does not have an adverse impact on the site and has been designed and sensitively located in a screened position to minimise any adverse effects to the setting of this listed building, it is therefore recommended that planning permission be granted.

65 Application No: Proposed Development:

13/00439/FUL Change of Use from Office (Class 4) to Window Blinds Showroom and Office Site Address:

255 Windmillhill Street Motherwell

Date Registered:

4th April 2013

Applicant: Agent: Mr Craig Dunlop N/A City Blinds Central Ltd 253 Main Street Wishaw ML2 7NE Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 8 Motherwell South East And Ravenscraig No letters of representation received. Kaye Harmon, Thomas Lunny, Gary O'Rorke, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be an acceptable use of the site in terms of its impact upon the amenity of the surrounding area and road network at this edge of the town centre location.

66 Repmduced by petmission PLANNING APPLICATION 13100439t'FUL N Produced by dthe Onhmce Sutveyon Planning and Development khalfofHMSO. OCmwn Change of Use from Office (Class 4) to Environmental SeMi Copyrignanddataba5erign North Lanarkshire C PO9. All rights wswd. Window Blinds Showroom and Office Fkming House Ordnance Suwey A 2 Tryst Road Licemenumbrri00023396. 255 Windmillhill Street, Mothetwell Cumbernauld Ll 087 IJW I I VI I Proposed Conditions:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings submitted with and stamped approved as part of this planning application.

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

2. That before the showroom hereby approved is brought into use, the associated parking and manoeuvring areas as shown on the approved plans, shall be clearly marked out, and shall, thereafter, be maintained as a parking and manoeuvring areas.

Reason: In order to ensure adequate parking provision.

3. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the premises shall be used as a blinds showroom only and for no other purposes (including any other purpose in Class 1 ; of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997).

Reason: To enable the Planning Authority to retain effective control, in order to minimise the impact of the development upon the road network.

68 Backaround Paoers:

Consultation Responses:

Memo from Transportation received 28th May 2013.

Contact Information:

Any person wishing to inspect these documents should contact Mr Michael Kordas at 01236 632649

Report Date:

31 st May 201 3

69 APPLICATION NO. 13/00439/FUL

REPORT

1. Site Description

1.1 The application site is a two storey office building located on a principal route into Motherwell Town Centre. The site is bounded to the north by “The Dalziel Studios”, the former South Dalziel Parish Church and hall, a B Listed Building and to the north by a car sales garage with which vehicle access is shared. A small car parking area is located between the front of the premises and Windmillhill Street and a private access lane runs between the building and the adjacent car showroom. The premises have been used by the public sector as an office for many years and were last occupied by NLC Social Work Services

2. Proposed Development

2.1 Planning permission is sought for a change of use of the building from offices and business (Class 4) to a blinds showroom (Class I), with ancillary offices. The overall area of showroom floorspace proposed is 105m2 with the remaining office floorspace of some 300 m’ remaining as ancillary offices related to the blinds business. The applicant also proposes to form two additional parking bays in the side lane adjacent to the building.

3. Apolicant’s Sutmortina Information

3.1 The applicant has provided supporting information explaining how the business will operate at this site. A maximum of six employees will be on the premises at any one time. It is expected, based on experience at other branches of the business, that approximately fifteen customers in total will visit a day and that due to the nature and timing of the visits, three car parking spaces are adequate for the proposed use. Deliveries of stock will be to other company premises and will then be transferred to the premises by company staff in a small van.

4. Site Historv

4.1 None relevant.

5. Development Plan

5.1 The application site is designated under policies HCF 1A (Residential Amenity) and DSAP 2 (Ravenscraig) in the Adopted North Lanarkshire Local Plan.

6.

6.1 Transportation has no objections to the proposal.

7.

7.1 No letters of representation have been received following the standard neighbour notification procedure and press advertisement.

8. Plannina 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. The proposal raises no strategic issues and can be assessed against the local plan. The application site is designated under policies HCF 1A (Residential Amenity) and DSAP 2 (Ravenscraig) in the Adopted North Lanarkshire Local Plan.

70 8.3 Policy HCF 1A seeks to protect against development detrimental to residential amenity in primarily residential areas. The application site is located in an area of mixed uses and lies between a car sales garage and a former church now in community use. The surrounding area also contains a number of retail properties and the Council Headquarters at the Civic Centre. The nearest residential properties are over 90 metres distant from the application site and are screened by the vehicle sales premises. It is therefore considered that within the context of the area, any impact on residential amenity from increased traffic and noise from customers would be negligible.

8.4 Policy DSAP 2 seeks to promote sustainable growth and regeneration of Ravenscraig. The application site is located within the proposed route of an upgraded link road into the Ravenscraig site. Land to form the road would be acquired through the compulsory purchase order process; this is a legal matter and not a valid planning consideration. It is therefore considered that, while contrary to policy DSAP 2, permitting the proposed change of use does not materially affect the potential for redevelopment of Ravenscraig.

8.5 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment, respond to the features of the site and achieve a high quality development. In this case, the relevant considerations would be the impact of the proposals on amenity and on the local road network. The potential impact on residential amenity has been addressed in paragraph 8.3 above. As no external alterations are proposed, no further concerns are raised with regard to the visual amenity of the streetscene and character of the adjacent listed building. Any advertising signage proposed would be the subject of an additional application to the Planning Authority for consent to display advertisements. As noted above, Transportation has no objections. The building has a history of office use and it is considered that the proposed use would have less associated demand for parking. No direct access is available from the site onto Windmillhill Street and customers are highly unlikely to park on the road at this extremely busy location adjacent to a roundabout. It is therefore considered that the proposed use would not place greater pressure on the road network at this location. Consequently, the proposal is considered acceptable in terms of DSP 4. It is, however, considered that it would be prudent to impose a condition restricting the building from wider retail use in order to minimise the traffic impact of the development.

9. Conclusions

9.1 In conclusion, the proposed development is considered to be an acceptable use of the site in terms of its impact upon the amenity of the surrounding area and road network. It is therefore recommended that planning permission be granted subject to conditions.

71 Application No: Proposed Development:

13/00498/FUL Partial Removal of Bing Material (Approx 15,000m3) to provide Material for Landscaping at Demolition Site Site Address:

Land Adjacent to and at Shotts Prison Newmill And Canthill Road Shotts ML7 4LE

Date Registered:

3rd May 201 3

Applicant: Agent: Laing O'Rourke Const. Ltd N/A 21 Wood hall Eurocentral Motherwell MLl4YT Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 2 Fortissat No letter(s) of representation received. Charles Cefferty, Thomas Cochrane, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification: It is considered that the proposal is in accordance with the adopted local plan in that the removal, re-profiling and restoration of the bing will not unacceptably impact on the amenity, character and nature conservation value of the site and surrounding area.

72

Proposed Conditions:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings numbers; SK-GEO-005, SK-05, SK-009, SK-013 12, SK-013 15, SK-014 15; and the operators shall at all times deal with the areas forming the subject of this consent in accordance with the application form, plans as stamped approved, and other supporting information, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development without the prior written consent of the Planning Authority.

Reason: To clarify the drawings on which this approval of permission is founded; to enable the Planning Authority to retain effective control

2. That the re-profiling and restoration hereby approved shall within 1 year from the date of commencement of the development, be completed in accordance with the approved plans. Notification of the date of commencement shall be provided in writing to the Planning Authority.

Reason: To accord with the submitted details and to give the Planning Authority the opportunity to review their position.

3. That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of the Planning Authority.

Reason: In the interests of water management and to prevent pollution.

4. That notwithstanding the terms of the report, ‘Assessment of Bing Material’ by ARUP dated 12 March 2013, BEFORE any works of any description start on the application site, the further supporting information and confirmation of works required in order to satisfactorily allow the assessment of the Site lnvesti ation Report as requested by Protective Services via the letter from WSP dated 30a May 2013 shall be submitted to and for the approval of the Planning Authority. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To ensure the suitability of the site for the proposed development.

5. Depending on the findings of the further supporting information and confirmation of works requested under Condition 4, any mitigation works shall be carried out to the satisfaction of the Planning Authority prior to the site being brought into use. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority, prior to the site being brought into use, 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.

6. That all mitigation measures contained within the Method Statement for Habitat Restoration shall be implemented contemporaneously with the development and shall not be amended without the prior written consent of the Planning Authority.

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

7. That an ecological clerk of works shall be appointed to oversee each stage of the mitigation measures approved under terms of condition 4 above and before development commences on site the full details of the clerk of works and their inspection regime shall be submitted to and approved in writing by the Planning Authority.

74 Reason: To ensure the protected habitat is not adversely affected by the proposed development.

8 That on final inspection of the site by the ecological clerk of works and the Planning Authority, should any further mitigation works be considered to be required these shall be carried out to the satisfaction of the Planning Authority within a further 6 months of the date of their inspection.

Reason: To ensure the protected habitat is not adversely affected by the proposed development.

9. That PRIOR to and for the duration of all work activities temporary fencing or some other form of demarcation shall be erected around the extent of the Japanese Knotweed with an appropriate buffer zone to be agreed by the Planning Authority.

Reason: To ensure the preservation and protection of the protected habitat and contain the area of Japanese Knotweed within the approved site.

75 Backaround PaDers:

Consultation Responses:

Environmental Health (including Pollution Control) received 22 May and 30 May 2013 Greenspace received 21 May 201 3. Scottish Environment Protection Agency received 22 May 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mrs Mary Hogg at 01236 632506

Report Date:

3rdJune 2013

76 APPLICATION NO. 13/00498/FUL

REPORT

1. Site Description

1.1 The application site is Fortissat Bing also known as Battonrigg Bing. The bing is bounded by HM Prison Shotts to the south, agricultural land to the north and west and Newmill and Canthill Road to the east. The topography of the bing is undulating with some steep slopes. The southern side of the bing has a plateau which sits higher than the prison grounds and overlooks the facility which raises security issues for the prison.

2. Proposed Development

2.1 To assist with the safe and secure management of the prison it is proposed to re- profile the southern slope of the bing to remove the plateau. Approximately 15 000 cubic metres of material is to be removed and used for landscaping within the old demolished prison site.

3. Supportina Information

3.1 A supporting letter has been received from the Governor and Head of Security of HM Prison Shotts outlining security risks associated with the bing and reasons for its partial removal.

3.2 The bing is within Council ownership. A short term licence agreement of up to one year to carry out the re-profiling works was approved at the Policy and Resources (Regeneration and Infrastructure) Sub-Committee on 16 May 201 3 subject to planning permission being granted.

4. Site Historv

08/01 759/FUL: The demolition of prison facility, including security walling and fencing and the erection of a new prison Including gates/visits building, facilities building, house blocks, regimes building, segregation unit, linked walkways, car parking, new perimeter security wall and internal security fences and associated road works and landscaping, granted 31 March 2009.

11/00949/AMD: The extension to a vehicle delivery point, granted 27 October 201 1.

12/00554/ADV: Erection of two illuminated freestanding totem type monolith signs, granted 2 August 2012.

5. Development Plan

5.1 The site falls within an area designated Policy NBE 3 B (Rural Investment Area), Policy NBE 1 A4a (Sites of Importance for Nature Conservation) and Policy EDI 2 C2 (Opencast Coal Extraction Search Area) in the North Lanarkshire Local Plan 2012.

6.

6.1 Protective Services (PS) has requested further clarification by the submission of further supporting information and confirmation of works. PS has no objections to the development provided these matters are addressed prior to works being undertaken. These matters can be covered by relevant planning conditions.

6.2 Greenspace has no objections subject to conditions relating to ecological matters.

77 6.3 Scottish Environment Protection Agency (SEPA) has no objection in principle to the proposed ground works subject to waste management licensing requirements.

7. Representations

7.1 Following neighbour notification and press advertisement procedures no representations were received.

8. Plannina Assessment

8. I 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 The application site is within an area covered by Policy NBE 3 B (Rural Investment Area), and Policy NBE 1 A4a (Sites of Importance for Nature Conservation) in the North Lanarkshire Local Plan 201 2.

8.2 Policy NBE 3 B states that the council will protect the character of and promote development in the Rural Investment Area by restricting development to acceptable types and operating criteria, including the enhancement of natural heritage value through actions such as removal of intrusive features. The bing is a legacy of the past coal mining industry, a stock pile of colliery slag and waste materials which through the years has become vegetated. It is located in an area of open agricultural land interspersed with woodland. The partial removal, re-profiling and restoration of the bing would not adversely affect the character of the area. It is considered to comply with NBE 3 B.

8.3 Policy NBE 1 A4a seeks to safeguard sites of importance for natural heritage and biodiversity from unacceptable development. The site is a SlNC due to the presence of Staghorn Clubmoss a rare moss species in North Lanarkshire. Greenspace are satisfied with the comprehensive habitat survey and as indicated at paragraph 6.2 has no objections subject to appropriate conditions. It is considered that subject to such conditions that the proposals will not adversely affect the nature conservation value of this area and would comply this policy.

8.4 The site falls within the search area for Open Coal Extraction (Policy EDI 2 C2), where the council seek to promote economic development and infrastructure through mineral resources. Given the location, scale and nature of the development the proposal is not contrary to this policy.

Consultations

8.5 The matters raised by Greenspace and Protective Services are covered by the recommended conditions.

8.6 The matters raised by SEPA are covered by the Waste Management Licensing (Scotland) Regulations 201 1 which are within the remit of SEPA and not the Planning Authority.

9 Conclusions

9.1 It is considered that the proposal is in accordance with the adopted local plan in that the removal, re-profiling and restoration of the bing will not unacceptably impact on the amenity, character and nature conservation value of the site and the surrounding area. It is recommended that planning permission be granted subject to conditions.

78 Application No: Proposed Development:

13/00500/FUL Change of Use from Office to Residential (4 Flats) and External Alterations

Site Address:

Former Council Offices King Street Kilsyth G65 OSL

Date Registered:

17th April 2013

Applicant : Agent: Clyde Valley Housing Association Julie Thompson 50 Scott St CRGP Motherwell The Schoolhouse ML1 IPN 101 PortmanSt Glasgow G41 1EJ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth 2 letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,

Recommendation: Approved with conditions

Reasoned Justification:

The proposal complies with policies RTC 1A (Town Centres), and NBE 1 B3a (Conservation Areas) in the adopted North Lanarkshire Local Plan. The residential use and extension are considered to be acceptable and the proposal will not detract from the amenity of the application site or the surrounding conservation area. The impact on neighbouring properties is considered to be acceptable.

79 PLANNING APPLICATION 13/00500/FUL I Produadbv Change of Use born Office to Residential Planning aid Development ~~~~~~ Wdw,, OCrown (4 Fiats) and External Alterations Environmental ScrvKies p,q+~Iardda$bffe rght 12 ngh(s rewed Former Council Offices. King Street, Kilsyth Flemlng House dramSW 2 Tryst Road CWnbe--"" menu* 1wO23396 * Representations Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers 8776, 8776 L (00) 003 A, 8776 L (00) 006 A and 8776 L (00) 009 A.

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

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be' submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: In the interests of amenity of the building and the Conservation Area.

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, including any modifications as may be required.

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

4. That BEFORE any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of Condition 3 above, shall be erected.

Reason: To ensure the provision of adequate boundary treatment.

Backaround Papers:

Consultation Responses: Memo from Protective Services received on 3rdMay 201 3 Memo from Traffic & Transportation received on 30thApril 2013

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632508

Report Date: 3'' June 2013

81 APPLICATION NO. 13/00500/FUL

REPORT

1. Site Description

1.1 The premises in question is a former council office that has been decommissioned which is located within Kilsyth town centre and conservation area. The building is still in the ownership of the Council. The application site lies on the southern side of King Street, with King Street car park to the west, terraced sheltered elderly housing to the north, to the east is Garrel Burn beyond which is Burngreen Park.

2. Proposed Development

2.1 Full planning permission is being sought for change of use from office (Class 4) to Residential (4 flats) and external alterations. The proposal includes internal alterations to convert the off ices into four 2 bedroom flatted properties which includes a two storey rear extension. The rear extension will measure 13 metres wide, project 3.9 metres from the rear elevation and have a pitch roof at a same height of the existing property at 10.5 metres. The extension will be finished in facing brick to match the colour of the existing building, natural slate and timber windows and doors. A gate is proposed along the rear boundary wall to provide access to King Street car park.

3. Site Historv

3.1 No relevant planning history.

4. Development Plan

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

4.2 The application site is jointly zoned as Policies RTC 1A (Town Centres) and NBE 1 B3a (Conservation Areas) within the adopted North Lanarkshire Local Plan.

5. Consultations

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

i. Traffic & Transportation have objected to the proposal on the grounds that the existing parking within the Town Centre is operating at or above capacity level and there is no identified dedicated parking for this development. A development of this type would require the provision of 1.5 spaces per flat a total of 6 no parking has been identified within the curtilage of the property The layout plan also indicates access from the rear of the flats onto adjoining open space, instead of directly on to the car parking area, this may cause servicing problems. It should be noted that the property was used for offices and parking to the front which has now been removed. ii. Protective Services have no objections.

6. Representations

6.1 Following the standard neighbour notification procedures and press advert, 2 letters of objection received where the main points of objection relate to the removal of the drying green, proposed shared rear access and impact on amenity.

82 7. Planninci Assessment

7.1 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.

7.2 DeveloDment Plan: North Lanarkshire Local Plan: The site is located within Kilsyth town centre and the Kilsyth Conservation Area jointly covered by Policies RTC 1A (Town Centres) and NBE 1 B3a (Conservation Areas). Policy RTC 1A seeks to protect town centres and identifies appropriate uses such as Class 1 (Shops), Class 2 (Financial, professional and other services), Class 3 (Food and drink), Class 4 (Business), Class 7 (Hotels and Hostels), Class 8 (Residential institutions), Class 9 (Houses), Class 10 (Non residential institutions) and Class 11 (Assembly and leisure). The proposed change of use from office (class 4) to four flatted units (class 9) is in accordance with the promoted town centre uses specified by policy RTC 1A.

7.3 The site is located within the Kilsyth Conservation Area where policy NBE 1 3a states that the designs, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. The works required for the proposed residential conversion considered to be small in scale, while the proposed extension is to be located to the rear and designed to be in keeping with the existing building and the conservation area. It is concluded that these proposed physical alterations are acceptable to this unlisted, traditional building within the town centre and conservation area. The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the scale and nature of the development, DSP 1, DSP 2 and DSP 3 are not relevant. Policy DSP 4 states that development will only be permitted where high standards of site planning sustainable design are achieved, the proposed physical alterations to the building seeks to bring back into use vacant traditional building where the extension and external alterations are considered to be appropriate. It is considered, therefore, that the proposal is in accordance with policies of the North Lanarkshire Local Plan.

7.4 Impact on Amenity The proposed conversion and extension of a vacant office building into four, 2 bed, flatted properties is considered to be in keeping with and complement the existing residential properties in the immediate locale. It is considered that the size of the proposed extension will not result in a detrimental impact on the character and amenity of the existing residential properties. The communal amenity land is considered to be sufficient and contributes to the overall character and setting of the site. In terms of trafficjparking, it is noted that no designated car parking exists at present and it is not possible to provide any, however, given its town centre location, which has advantages of public transport links and proximity to amenities and the benefits associated with the positive reuse of a vacant traditional building, it is considered acceptable. It is, therefore, considered that the proposed residential conversion will be in keeping with the scale and character of the surrounding residential area.

7.5 Consultations: Traffic & Transportation have objected and recommended that the application is refused due to lack of parking and there being no scope for off-street parking. In this case, it is noted that no designated car parking exists at present and it is not possible to provide any. As discussed above, the site is located within the town centre with access to public transport links and amenities, it is considered that this combined with the benefits associated with the positive reuse of a vacant traditional vacant building, the proposed residential conversion is considered acceptable.

83 7.6 Remesentations: In terms of the objections raised, I would offer the following comments:

Point of Objection: The proposed development will result in the removal of accesshse of the drying green within the application site.

Comment: The applicant has confirmed that the neighbouring properties have no legal right to use the rear drying green of the application site.

Point of Objection: The proposed development includes a shared access to King Street car park through the neighbours rear garden ground which will result in a security issue and congestion with regard to refuse storage and collection.

Comment: The proposal includes a separate access to the King Street car park,

Point of Objection: There is a concern that the proposed residential development will adversely affect the ambiance of this quiet residential area.

Comment: The proposed residential conversion of a building that was previously used as an office is considered to be in keeping with the surrounding residential uses and will not detrimentally affect the amenity levels currently enjoyed.

8. Conclusions

8.1 The residential conversion of a vacant office building does not result in an unacceptable detrimental impact on surrounding residential properties. The proposed extension is considered to be in keeping with this unlisted traditional building located with the Kilsyth Conservation Area and Kilsyth town centre. It is considered that the proposal is in accordance with the terms of the adopted North Lanarkshire Local Plan. Taking account of these matters and the objections received, it is recommended that planning permission be granted subject to conditions.

84 Application No: Proposed Development:

13/00522/FUL Alterations and Extensions to Church Hall Site Address:

Calderbank Parish Church Main Street Calderbank ML6 9SG

Date Registered:

19th April 201 3

Applicant: Agent: Mr David Findlay N/A Calderbank Parish Church 11 lnchcross Drive Bathgate EH48 2HD Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 1 Airdrie South No letters of representation received. Agnes Coyle, Michael Coyle, Thomas Curley, David Fagan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan 2012. The proposal can be accommodated without detriment to the Listed Building and the surrounding residential area.

85 98 Proposed Condition:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers 13.02.PL.01, 13.02.PL.04, 13.02.PL.05 and drawing marked 'Existing Elevations'.

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

Backaround PaDers:

Consultation Responses:

Letter from the Coal Authority dated the 7'h May 2013 confirmed.

Contact Information:

Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01 236 632645

Report Date:

3rdJune 2013

87 APPLICATION NO: 13/00522/FUL

REPORT

1. Site DescriDtion

1.1 The property is a church hall adjoining the rear and west elevation of a Category C Listed Church Building and is in full ecclesiastical use by the Church of Scotland. The church fronts onto Main Street, Calderbank, opposite Calderbank Primary School, is bound either side by dwellings with an area of open space to the rear. The main church building is a T-plan gothic church of sandstone masonry, slate roof and timber Lancet windows. The adjoining church hall is a relatively modern property in comparison, featuring a pitched corrugated covered roof, white dry dash rendering and UPVC brown windows covered with metal grilles. The toilet area is contained within a small flat roofed building to the front of the church hall. This also features white rendering on brickwork, a brick base course, brown UPVC windows whilst, the flat roof features ply fascia. A disabled ramp provides access to the toilet area.

2. ProPosed DeveloPment

2.1 Planning permission is sought to extend the church hall building to accommodate a reconfiguration of the internal layout and extension to the kitchen and the toilet area. The external works would involve infilling a small rectangular area on the north east elevation in line with the existing elevations of the church and church hall. The kitchen extension would measure 3.4 metres wide, 5.5 metres high and 1.1 metres depth. These proposed works would increase the kitchen area. The front entrance area will be extended on the south west elevation by approximately 3.2 metres and would measure 5.5 metres wide by 3 metres high. The existing disabled ramp providing access into the toilet area would be relocated and re-erected onto the extension. The new external walls would have a white render finish on brickwork with a brick base course. The two proposed windows on the north east elevation and the one proposed on the front entrance area would be brown UPVC whilst the existing flat roof surface would be renewed as new build sections and tied into the existing structure ply fascia. All proposed finishing materials would match the existing finishing materials.

2.2 The associated Listed Building Consent application (13/00658/LBC) is also under consideration at Committee.

3. Amlicant’s Sumortinu Information

3.1 The applicant submitted no supporting statement

4. Site Historv

4.1 No relevant planning history

5. Development Plan

5.1 The site is zoned as HCF1 (Protecting Housing and Community Resources) of the North Lanarkshire Local Plan 2012

6. Consultations

6.1 The Coal Authority acknowledges the site falls within the defined Development High Risk Area, however confirm they have no objections to the proposal advising that due to the scale of the proposed works there would be no resultant significant operational development that would present risk to the coal mining features. In the interest of public safety an informative note will be included within the decision notice.

88 7.

7.1 No letters of representation received.

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 materials considerations indicate otherwise. The application raises no strategic issues and, as such, requires to be assessed against local plan policies. In this instance the North Lanarkshire Local Plan 2012 is applicable with the site being zoned as HCFI A (Protecting Housing and Community Resources). Policies NBEl 82 (Listed Buildings) and DSP4 (Quality of Development) are also relevant.

8.2 The site is located within an area zoned as HCFIA (Residential) which seeks to protect the residential amenity in primarily residential areas through encouraging development of an ancillary nature that may be acceptable subject to impact on residential amenity and provision for servicing and parking. The North Lanarkshire Local Plan also requires proposed developments to be assessed against DSP policies I - 4. In this instance, due to the scale and nature of the development, the proposed works will be assessed against DSP 4 (Quality of Development) which states that development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and design.

8.3 It is considered the design of the proposal adequately ties in with the existing building with regards to the building lines, size and the pitch and height of the roof. The extension is very modest, is located at the rear of the church, less prominent from street view and therefore not considered to be of a scale damaging to the character to the church or surrounding residential area. Due to the distance between the site and the surrounding properties it is also not considered to have a negative impact on the surrounding residential properties in terms of overshadowing, privacy or access. A condition will ensure the extension is finished in materials which will match the existing building. The design, scale and location of the extension are therefore considered acceptable and to accord with policies HCFIA and DSP4.

8.4 Policy NBEl B2 will resist development causing harm to the character of the Listed Building. Planning permission will only be granted where the character and appearance of the building and its setting is preserved and enhanced. The layout, design, materials, scale, siting and use of any development shall be appropriate to the character and appearance of the listed building. There is a presumption against works that adversely affect the special interest of a listed building or its setting.

8.5 The proposed development seeks the continued use of the C Listed church hall building. As mentioned above in paragraph 2.2, the proposed works are modest in scale involving extending the footprint of the building on the north east elevation by 3.7 square metres and 17.6 square metres on the south west elevation at the toilet area. It is considered that the proposal seeks to preserve much of the original character of the building and that the development will not harm the historic or architectural interest of the listed building. The proposal will therefore comply with policy NBEl 82

9. Conclusions

9.1 The proposal is considered to comply with the terms of the North Lanarkshire Local Plan 2012 as the extension to the Church Hall building, in an established residential area is acceptable in terms of its impact upon the property and the amenity of the surrounding residential area. The proposed external works are acceptable in quality in terms of design and use of materials and seeks to preserve much of the original

89 character of the building. The application raises no other strategic issues and no objections have been received. In conclusion, the proposal accords with the North Lanarkshire Local Plan 201 2 and as such it is recommended that planning permission be granted subject to conditions.

90 Application No: Proposed Development:

13/00595/FUL Construction of Daycare Centre with NHS Outpatient Facility and Communal Rooms for Sheltered Housing Residents and Associated Parking

Site Address:

Site North Of Meadowside Gardens Clarkston Airdrie ML6 7AG

Date Registered:

13th April 201 3

Applicant: Agent: Design & Property Services David Nimmo North Lanarkshire Council Nimmo & Partners LLP NLC Design Services N-A I Philip Murray Road 8 Fitzroy Place Bellshill Glasgow ML4 3PA G3 7RH

Application Level: Contrary to Development Plan: Local No

Ward: Representations: 7 Airdrie North No letters of representation received. Councillors Alan Beveridge, Sophia Coyle, Thomas Morgan and Andrew Spowart

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The day centre would accord with the relevant policies within the Adopted North Lanarkshire Local Plan given its location and purpose. The new building is considered acceptable in design, scale, height and siting and would provide an acceptable use of this area. Consequently the development would not adversely affect the visual or residential amenity of the surrounding area.

91 92 Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 2513-L-001 A, 2513-L-002AI 2513-L-O03A, 2513-L-004AI 2513-S-007A and Gen-01.

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

2. That before the development hereby permitted is complete, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. For the avoidance of doubt parking bays shall be 2.5m wide by 5.0m long while disabled spaces shall be 3.6m wide and 5.0m long.

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

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. For the avoidance of doubt this shall include details of the gabion retaining structure.

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

4. 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.

5. That all works included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

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 Planning 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.

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

93 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.

8. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a Phase 1 Desk Study investigation report shall be submitted for the approval of the said Authority. Depending on the findings of this study a comprehensive site investigation may be required. 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, 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 BEFORE the development hereby permitted starts, full details of screening to be provided for the western boundary of the site shall be submitted for the approval of the Planning Authority. The screening should take cognisance of the privacy and availability of light for Alma Vale on Forrest Street. The development shall be implemented in accordance with these details unless otherwise agreed in writing with the Planning Authority.

Reason: To protect the residential amenity of neighbouring properties

11. 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 enable the Planning Authority to consider these aspects in detail.

12, The Day Centre and NHS Outpatient Clinic hereby permitted shall be restricted to operating hours of 8am to 6pm. For the avoidance of doubt this does not include the communal space for Sheltered Housing Residents.

Reason: To define this planning permission to protect residential amenity.

13. That BEFORE the development hereby permitted is brought into use the upgrade works to Castle Quadrant as shown in drawing Gen-01 shall be carried out unless otherwise agreed in writing with the Planning Authority.

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

94 Backaround Papers:

Consultation Responses:

Traffic & Transportation received on 22 May 201 3 and 29 May 201 3 Memo from Protective Services received on 21 May 2013

Contact Information:

Any person wishing to inspect these documents should contact Mr William Shand at 01 236 632499

Report Date:

29 May 2013

95 APPLICATION NO. 13/00595/FUL

REPORT

1. Site DescriDtion

1.1 Planning permission is sought for the construction of a day centre with NHS outpatient facility and communal rooms for use by a neighbouring sheltered housing complex. Previously the site contained the Meadowside Nursing Home however this has since been demolished and replaced partially with a children’s home accessed from Forrest Street. This part of the former site however has lain vacant for sometime, The site is situated within a predominantly residential area of Airdrie on the edge of the Drumgelloch Conservation Area. The site has varying levels with the site sloping from north to south and in parts east to west. The neighbouring land uses include residential properties to the west, sheltered housing to the south, a council car parking area associated with further housing to the west and a children’s home to the north.

2. Proposed Development

2.1 The proposed development would include a multi-functional building serving as a day centre, NHS outpatient facility and communal space and an area of associated parking. The building would be T-shaped, a single storey in height and located centrally within the site. The building would partially wrap around an outdoor lawn and terraced area provided for the users of the facility. The access would be taken from the existing Meadowside Gardens road to the south of the site and the car parking would be to the eastern side of the site, Sixteen car parking spaces have been proposed including two disabled spaces. The main function of the day centre would be to provide a civic building for use by elderly and vulnerable people to socially interact, participate in activities, receive healthcare and generally have a place that they can use and visit that is different from their home. This includes those living in the sheltered housing to the south. Each service within the building would be separate from another with the sheltered communal space being to the western most part and the NHS outpatient facility being to the eastern part.

3. ADRliCant’s Sutmortina Information

3.1 The applicant has submitted a design and access statement with the application. This document appraises the design, layout and proposed materials for the building relative to the context of the wider area and details the level of access and parking for the proposal. This document also provides more detail on the uses of the building. For clarity the NHS Outpatient facility would specifically be for those suffering from Dementia. This would not be a GP clinic and would be for patients with Dementia and related illnesses to attend for specialised treatment. This is on an appointment basis and a referral from their GP. The day centre and Out Patients would operate from 9am to 5pm on weekdays and some Saturdays. The sheltered housing communal space however would be available on an ad hoc basis when required and therefore may be open in the evening.

4, Site History

4.1 As previously stated the site formerly contained the Meadowside Nursing Home which has now been demolished. There is no planning history evident after the demolition.

5.

5.1 The application site is located within an area designated as HCF 1A (Protecting Residential Amenity and Community Facilities - Residential Areas) within the Adopted North Lanarkshire Local Plan. This policy seeks to protect residential

96 amenity by restricting development detrimental to residential amenity from these areas.

5.2 Policies DSP 1 -4 may also be relevant and will be addressed in details in the Planning Assessment Section Below.

6.

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

6.2 Protective Services have indicated that historical data shows there to be potential contamination risks from previous neighbouring land uses and therefore a phase 1 desktop study for contamination will need to be carried out prior to work starting on site. Further details on the operating hours of the facility were also requested to consider potential noise impacts. Should the facility operate at night then a noise assessment would be required. This was provided to the Protective Services and no further issues were raised.

6.3 The Transportation Section have indicated that for a proposal of this scale Castle Quadrant will require to be upgraded as it is currently sub standard. This would include improvements to the junction of Castle Quadrant and Castle Road. A facility of this scale and nature would also usually require 27 parking spaces. Transportation however have accepted the reduced number provided given that the majority of users will be dropped off by bus or walk from the sheltered housing.

7. Representations

7.1 Following the standard neighbour notification procedure and an advert in the local press no letters of representation were received.

8. Plannina Assessment

8.1 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. The application raises no strategic issues in terms of the Glasgow and Clyde Valley Strategic Development Plan and therefore should be assessed in terms of the relevant local plan.

AdoDted North Lanarkshire Local Plan

8.2 HCFI A Protectina Residential Amenitv and Communitv Facilities - Residential Areas: This policy aims to protect residential amenity by restricting developments that may be detrimental to the residential area. This policy also states that developments of an ancillary nature such as guest houses, nurseries or medical surgeries may be acceptable subject to impact on residential amenity and provision for servicing and parking. The proposed development would be considered to be appropriate for the residential area as it provides care facilities and social interaction space for local nearby residents and residents in the wider community. The provision of this facility within a residential area would reduce the need for car use as it is within walking distance of a significant number of residential properties while the facility also has a drop off point for private buses.

8.3 The impact on existing residential amenity is an important consideration of this policy as the development would be encircled by existing residential properties. In terms of privacy it is noted that there are windows on the residential property on the western boundary of the site which look directly onto the site. There is currently no screening and these windows have an open aspect. The inclusion of the path from the sheltered housing to their communal area and the communal gardens will create a greater footfall in this area than previously. Given the demographic of users any impact is not considered to be from nuisance or noise but however there is a potential passive

97 privacy issue. Any issue however can be avoided through appropriate boundary treatment or screening. This should be conditioned. No other potential privacy issues are identified given boundary treatment and window positions. As the building is a single storey in height and a considerable distance from properties at risk from overshadowing there would be no significant loss of sunlight or daylight caused by this development. It is noted that the building is due south of the children’s home however the children’s home is on a higher level and therefore would suffer no loss of sunlight or daylight.

8.4 A potential significant issue in terms of general amenity is the nuisance from the increase in traffic from the operation of the NHS outpatients. The applicant has indicated that at any one time no more than 3 patients may be within this part of the building. Over a single day this could result in a number of traffic movements causing nuisance to neighbouring properties. The main nuisance would be to those along Castle Quadrant which will be used to access the site. To reduce any impact Castle Quadrant will be upgraded to allow for continued traffic flow and the centre will be restricted in opening times of the day centre and Out Patients to daytime hours. Castle Quadrant will be upgraded through improving the junction at Castle Road and widening the carriageway of the road. Although the sheltered housing communal space may be open longer given the nature of this space and the demographic of user this would be unlikely to lead to any noise nuisance. This space also would be unlikely to open within the night time hours (beyond 10pm) as specified in noise nuisance legislation. This should avoid any nuisance to nearby residents at night time and the majority of the weekend when they are most likely to be home. The anticipated number of traffic movements is not considered to be incompatible with this residential setting. Overall it is not considered that the development would cause any significant harm to the existing residential amenity of the area and therefore would accord with this policy.

8.5 DSP 1-3 Amount, Location and lmrsact of DeveloDment: Given the scale and nature of the development policies DSP 1 - 3 would not be of relevance to this application. 8.6 DSP 4 Qualitv of DeveloPment: This policy considers development specific impacts in terms of existing site attributes, and provides a range of assessment criteria which are addressed in turn below:

8.7 In terms of part 1, a design and access statement was submitted with the application which sufficiently considered the development in its context and relative to the surrounding land uses and buildings. In terms of Part 2 there are no significant features of natural or historical interest that would be affected by this proposal.

8.8 With regards to part 3, it is considered that the scale, design and siting of the building is appropriate with respects to both the site and the neighbouring properties. The building is adequately integrated into the landscape even with the differing levels. The overall design would help it integrate into the residential area. Indicative details of the materials have been provided and these seem reasonable given the neighbouring building to the north however specific details should be requested through condition. The layout of the complex provides a welcoming and safe environment with the gardens mostly enveloped by the building itself. Adequate parking has been provided to accommodate all uses particularly as most of the users would either walk or be taken by bus to the facility. Sufficient staff parking has been proposed. Upgrading works to Castle Quadrant are required and proposed to ensure that adequate access to this facility is provided. It is also noted that the existing private road beyond the facility has been retained and upgraded and additional parking provided for the warden. Sustainable drainage has been proposed and details of this should be agreed through condition. In terms of air quality, it is noted that there would be some increase in traffic with movements continual through the day however this would not lead to significant air quality concerns. Overall it is considered that the development would accord with the terms of DSP 4.

98 Other Materials Considerations

8.9 Consultation Resr>onse: Protective Services had no objection to the proposal subject to submission of a Phase 1 contaminated land investigation report and this should be conditioned. They also stipulate that the facility should not give rise to a noise level in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07:OO hours and 22:OO hours and NRC 25 at all other times. This is unlikely to occur due to the nature of the development and its operating hours but would also be controlled through legislation out with the planning system. A noise assessment would not be required as the development would not operate at night. In terms of the comments from Transportation it is noted that they are content with the parking provision provided. The details for the upgrade works to Castle Quadrant have been provided and the Transportation Section have expressed no objections to these.

9. Conclusions

9.1 Taking the foregoing into account it is considered that the proposed development would accord with the relevant residential and impact policies within the North Lanarkshire Local Plan. The day centre and its associated uses are considered acceptable land uses for this area and the building itself would be acceptable in design, scale, siting and layout. There would be no significant detriment created to residential amenity from this development in terms of loss of privacy or sunlight and daylight or from nuisance and the increase in traffic numbers. Following the standard neighbour notification procedure no letters of objection were received and therefore I recommend that the application is approved subject to the attached conditions.

99 Application No: Proposed Development:

13/00602/FUL Erection of a Residential Dwelling & Associated Parking Site Address:

Land East Of Allandale Cottage Edinburgh Road Newhouse

Date Registered: 26th April 201 3

Applicant: Agent: Mr James White Robert Sneddon South View Hareshaw Properties Limited Glasgow & Edinburgh Road 17 Wilsons Road Newhouse Hareshaw ML1 5SY ML1 5NA

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 012 Fortissat Charles Cefferty, Thomas Cochrane, James 2 letters of representation received. Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed dwelling by virtue of setting, design and scale would not adversely affect the character of the Green Belt at the location or the amenity of surrounding residential properties. The proposal is considered, by virtue of its position on a gap site, to represent a locationally specific infill development. Consequently, it is not considered that granting planning permission in this instance would create a precedent for similar development within the Green Belt.

100 W~byper~~ Produced by dvle~ance~ucwyon Erection of a Dwellinghouse & Associated Planning and Development behalfof tMS0 8 Cr~m PaM ng Copynghtanddakhse nght '2033 Allnghkresd ordnance surrey Land East Of Allandale Cottage, Edinburgh Road, L- L- number too023396 Newhouse, Motherwell * Representation

101 Proposed Conditions:-

1. That, except for the requirements of condition (1) above, or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawing numbers:- 502 A, 503 A and 504 A.

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

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, windows and roofs, guttering etc 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 facing materials shall include stone, neutral coloured smooth or wet dash render, dark stained timber doors and windows, slate or synthetic slate for the roof and smooth cement banding around the windows as shown on the approved plans.

Reason: To enable the Planning Authority to consider these aspects in detail to ensure that the development complies with SPG 07 and in the interests of the visual amenity of this rural location.

3. That before the dwellinghouse hereby permitted is occupied, a dropped kerb footway crossing measuring a minimum of 3 metres wide shall be provided at the vehicle access, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority and the first 2 metres beyond the heel of the footway shall be paved or surfaced in an impervious material.

Reason: To ensure safe vehicular access to the property suitable for the proposed development and to prevent deleterious material being carried onto the public road.

4. That before the dwellinghouse hereby approved is occupied the associated parking and manoeuvring area as 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. For the avoidance of doubt the parking and manoeuvring areas shall be finished in tarmacadam for the first two metres only and thereafter shall be gravel.

Reason: In the interests of road safety, to ensure adequate parking provision, to ensure that the development complies with SPG 07 and in the interests of the visual amenity of this rural location.

5. That BEFORE to 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 2009.

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

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

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

7. That prior to the first occupation of the dwellinghouse hereby approved, any remediation works identified by the site investigation report required in terms of Condition 6 above shall be completed and 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.

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

Reason: To ensure the provision of satisfactory drainage arrangements.

9. That before any works start on site, full details of the septic tank and soakaway system to be installed shall be submitted to and approved in writing by the Planning Authority and the applicant shall 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).

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

10. That notwithstanding the provisions of Class 2, Class 3E the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 201 1, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road, with the exception of a 1 metre high fence and before development starts, samples of the materials to be used on the fence shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail to ensure that the development complies with SPG 07 and in the interests of the visual amenity of this rural location.

11. That the tree marked as T2 as shown on the approved plans shall not be lopped, topped or felled without the approval in writing of the Planning Authority.

Reason: In the interests of amenity and in consideration of the desirability of tree retention to help integrate the new dwellinghouse into the rural setting.

103 12. That within 6 months of the tree marked as T1 as shown on the approved plans being felled, a replacement European Beech tree shall be planted, details of the location of which shall be submitted to and approved in writing by the Planning Authority before the existing tree is removed.

Reason: In the interests of amenity and in consideration of the desirability of tree replacement to help integrate the new dwellinghouse into the rural setting.

104 Backuround Papers:

Consultation Responses:

Memo from Protective Services received 3rd May 201 3 Memo from Transportation received 8th May 201 3 Memo from Greenspace Development received 24th May 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mr Michael Kordas at 01 236 632649

Report Date:

30th May 2013

105 APPLICATION NO. 13/00602/FUL

REPORT

1. Site Description

1.1 The application site is an are of open ground located between two existing dwellings on the north side of Edinburgh Road, Newhouse. The site is otherwise surrounded by extensive areas of open countryside. The application site currently consists of an area of rough grassland sloping noticeably upward to the north and bounded by fencing of various designs of approximately lm in height. Three mature European Beech trees are located along the front boundary of the site facing Edinburgh Road with an established belt of immature trees located in the northeast corner. The line of North Lanarkshire Core Path 21 8 follows the footway in front of the property.

2. Proposed Development

2.1 It is proposed to erect a single storey, traditionally designed, 3 bedroom dwelling with attic accommodation. The dwelling is of a T shaped plan fitted with a cross gabled roof and two front dormers facing onto Edinburgh Road. The proposed development will alter the existing levels on site to a shallower angle in order to accommodate the house. Two of the existing mature trees on the side boundaries of the application site will be removed as part of the proposals.

3. ApDlicant’s Sumortina Information

3.1 The applicant has submitted a statement in support of the application. The terms of justification for the new dwelling are summarised as follows;

0 The land is constitutes a gap site within the Green Belt located between two existing dwellings. The Newhouse area consists of fragmented areas of development which the addition of the proposed house will not disrupt.

0 The applicant has a strong family connection to the area and manages the nearby filling station. The proposal will allow the applicant to be reunited with immediate family and to maintain a site presence at all times. Being located in the area will consequently allow the applicant to intensify and expand the existing filling station business, creating additional employment. The applicant also has applied for planning permission to develop a guesthouse at the site of the former Dunsyston Cottage site, close to this site.

3.2 The applicant has also provided a mining assessment report and tree report from a qualified tree professional including a bat and nesting bird potential survey. The documents state that the tree has limited potential for nesting birds or roosting bats. It is recommended that the two trees closest to the side boundaries of the application site are removed.

4. Site History

4.1 None relevant.

106 5. Development Plan

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

5.2 The application site is designated under policy NBE 3 A (Green Belt) in the Adopted North Lanarkshire Local Plan.

6. Consultations

6.1 Protective Services has no objection provided that a Phase 1 Desk Study is submitted to the satisfaction of the authority before development starts. Depending on the findings of this study a comprehensive site investigation and remediation strategy may additionally be required.

6.2 Transportation has no objections subject to conditions requiring a new dropped kerb access to be formed onto Edinburgh Road.

6.3 Greenspace Development has no objections subject to the condition that Core Path 218 must not be blocked by development.

7. Representations

7.1 Following the neighbour notification and press advertisement procedures, 2 representations were received. Both raise points of objection which may be summarised as follows;

1. The site is within the Green Belt and the proposed development is contrary to Green Belt Policy. The applicant owns a nearby cottage which they have allowed to become derelict. The applicant should instead restore the existing property as this would accord with Green Belt Policy. It is also alleged that the applicant does not reside permanently in the UK and that the proposed house is unlikely to be their main residence.

2. The formation of an additional access onto Edinburgh Road would adversely affect road safety. It is noted that the proposed access is directly adjacent to an existing driveway and opposite an existing lay bye and junction.

3. The scale of the proposed dwelling is not in keeping with the application site or surroundings and would result in a loss of privacy through overlooking of windows in the neighbouring dwellings. The alterations to the site levels may adversely affect the adjacent properties.

4. The plans indicate that the proposed house is to be served by a soakaway, this is questioned as the site levels would not allow this to function.

5. Development will require the removal of established trees.

107 8. Plannina 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. The proposal raises no strategic issues and can be assessed against the local plan. In the North Lanarkshire Local Plan (NLLP) the site is zoned as NBE 3A (Assessing Development in the Green Belt) with the associated Supplementary Planning Guidance 07 (Development in the Green Belt) is also relevant.

8.2 Policy NBE 3A seeks to protect the character of and to promote development in the Green Belt through restricting development to acceptable types. The definition of acceptable types of development is detailed as:

a. Proposals necessary for agriculture, forestry or horticulture b. Facilities for outdoor recreation, education and tourism compatible with an agricultural or natural setting. C. Proposals that enhance an existing cluster of development and are acceptable in terms of design, scale and countryside integration.

Both Policy NBE 3A and SPG 07 indicate that there is a presumption against new houses in the Green Belt not associated with agricultural or forestry workers. Exceptions to this policy must be justified by special circumstances demonstrated by the applicant. Developments are required to have a positive economic benefit; minimise adverse environmental impacts; not pose undue infrastructure implications and must have regard to PAN 72 Housing in the Countryside, being of a suitable scale and form for the location.

8.3 In assessing the proposed development against policy NBE 3A and SPG 07 it is noted that the justification given in the supporting statement is based on two grounds of support; that the proposal would allow the applicant to reside closer to his petrol station business and close family at Newhouse and the development would not harm the character of the local area. With regard to the grounds raised in support of the proposal, the existing petrol filling station is not considered to be a business with a location need for a rural setting or the need for a constant site presence at a level requiring construction of a new dwelling nearby. The business has an existing house on site and is located close to other settlements where housing is available. Family connections are similarly also, not justifiable grounds for the erection of a new house within the Green Belt.

8.4 In terms of the potential impacts on the character of the area, Newhouse is not defined by a settlement boundary in the North Lanarkshire Local Plan. The surrounding Green Belt area along Edinburgh Road consists mainly of open countryside with a number of dwellings located at irregular intervals. The application site is located between two existing dwellings of a similar scale and massing with the proposal effectively representing an infill development. The application site is an area of rough grassland adjacent to the main road between Salsburgh and Newhouse and is of no appreciable value for agriculture, outdoor recreation and the wider visual amenity of the area. It is considered that the proposed house, which is of a traditional design, could be accommodated on this site without adversely affecting the character of the Green Belt at this location. Considering the specific nature of the site and lack of similar gap sites in the area, the proposal will not create a precedent for further residential development proposals in more isolated locations within the Green Belt. While on balance therefore, the proposed development cannot be justified on the basis of a specific locational need, this is not considered as warranting refusal in this case. The wider long term impacts on the character and integrity of the Green Belt are consequently considered acceptable in terms of policy NBE 3A.

108 8.5 SPG 07 K also defines appropriate design requirements for new buildings. In terms of detailed design the proposed house is of a simple traditional design. The proposed dwelling is located forward on the plot avoiding the elevated ground to the rear. The massing of the proposals is broken down through the use of a T shaped building footprint. Conditions are recommended to ensure the proposed dwelling is finished in materials appropriate to the rural setting. Parking is located to the rear of the plot where it would be more effectively screened from the surroundings. One of the existing trees on plot will be retained. A condition is recommended requiring that a new tree be planted to replace the two which would be lost. The proposed house falls slightly short of the Council’s minimum space standards with respect to the distance between the dwelling and the western site boundary. Apart from this shortfall, the proposals are considered to be in keeping with the massing, scale and design guidance requirements contained within SPG 07 section K.

8.6 The NLLP 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). The proposed development is considered to accord with policy DSP 1 as it is below the threshold. As the proposal does not breach a clearly defined urban / rural boundary and is in accordance with the requirements of both policy NBE 3A and the associated SPG 07, it is also considered to accord with DSP 2. Given the limited scale of the development DSP3 is not a material consideration. DSP 4 requires that all proposals are based on a comprehensive site assessment, respond to the features of the site and achieve a high quality development and that the impact of the proposed development on the amenity of the area and upon the road network is acceptable. As detailed above, the design of the proposed dwelling is considered to be of some quality and corresponds with the framework of guidance established in SPG 07. In addition the siting and design of the proposed house are such that it would raise no concerns in terms of overshadowing or loss of privacy. As indicated in paragraph 6.2 above, Transportation has confirmed that they have no objection to the proposal. In terms of design, amenity and impact upon the road network the proposal complies with Policy DSP 4.

109 Representations

8.8 In relation to the grounds of objection noted in section 6 above, the following comments may be noted:

1. As detailed in paragraphs 8.3, 8.4 and 8.5 above, the application does not fall within one of the types of development normally considered acceptable in the Green Belt. However, the application site is effectively a gap site between two established properties and the development can be accommodated without any adverse impact on the environment or without compromising the essential principles of the Green Belt.

2. Transportation has no objections to the proposal on road safety grounds.

3. The design of the proposed house is considered appropriate for the rural location and complies with SPG 07 and as detailed in paragraph 8.7 would result in no loss of privacy. The lack of distance to the western boundary is noted. Apart from this shortfall however, the proposals accord with the relevant supplementary planning guidance.

4. It is noted that the proposed sewage treatment facility would be located at the rear of the house. Levels on the site could be altered to accommodate this. Drainage and sewerage arrangements associated with the proposed development are a matter for SEPA approval which may be ensured by a condition attached to the planning permission.

5. The existing mature trees on site are not the subject of an existing or proposed Tree Preservation Order. The plans show that one of the three trees on site would be retained.

9. Conclusions

9.1 To conclude, it is considered that the proposed dwelling is acceptable in terms of policies NBE 3 A and DSP 4 given the setting of the application site between two existing residential properties of similar design and character. It is considered that the proposed dwelling can be accommodated without significant detriment to the character or function of the Green Belt setting, the amenity of the existing neighbouring dwellings and the road network of the surrounding area. Due to the specific nature of the application site, granting planning permission in this case is not considered to create a precedent for further residential development within the Green Belt without a justifiable business location need. It is therefore recommended that planning permission is granted, subject to conditions.

110 Application No: Proposed Development:

13/00659/FUL Demolition of Existing Building and Erection of a Drive Through Restaurant, Landscaping and Car Parking. Site Address:

353 Craigneuk Street Craigneuk Motherwell

Date Registered:

22nd April 201 3

Applicant: Agent: Locate Developments Ltd Des Dunlop C/o D2 Planning Ltd D2 Planning Limited Suites 3 & 4 Westbury Court Westbury Court Church Road Suites 3 & 4 Westbury Court, Bristol Church Road BS9 3EF Westbury-On-Trym Bristol BS9 3EF

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 18 Motherwell South East And Ravenscraig 105 letter(s) of representation received Kaye Harmon, Thomas Lunny, Gary O'Rorke, from 85 parties. Including Alan Valentine, representations from Councillor Harmon, O'Rorke and Lunny.

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed development is considered to satisfactorily meet the criteria set out in the relevant policies of the North Lanarkshire Local Plan in that the development will not significantly adversely impact on the existing road network or the amenity and privacy of the adjacent residential properties and is an acceptable use at this location.

111 I I Planning Application No 13/00659/FUL I I Reproduced by penlss~~ ~~~nanceslrveyonDemolition of Existing Building and Erection N E'Gda%Development behaKofHMS0 @Crow of a Drive Through Restaurant Landscaping, Environmental Se wice s North Lanarkshire Council Copyright and 'Ight Service Area, Access and Car Parking 2009 All rlghts reserved Fleming Horn rmim ordnance Survey A 2 Tryst Road coundl ~lcencenumber 1ooo23398 353 Craigneuk Street, Motherwell Cumbernauld G67 IJW I I * Representations II 112 Proposed Conditions:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings numbers; S1662/PU50-0II S1662/PU50-02 A, S1662/PU50-03, S1662/PU50-04 A , S1662/PU50-05, S1662/PU50-06.

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

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

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

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 and this shall include a 1 metre high wall and railing to be erected along the northern boundary of the site at Craigneuk Street; and prior to the development being brought into use, all walls and fences approved shall be constructed and shall thereafter be maintained to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects and in the interests of the visual amenity of the area and to prevent ant conflict between pedestrians and drive through vehicles.

4. That BEFORE the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of exiting trees and shrubs within the site and means of their protection in the course of development

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

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

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

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 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.

7. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to

113 serve the development.

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

8. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is brought into use everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1-05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas..

Reason: To ensure the provision of satisfactory vehicular access to the site.

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

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

10. That within 2 months of the development hereby permitted opening, unless otherwise agreed in writing by the Planning Authority, an assessment shall be undertaken during term time of Motherwell College to establish if a signalised pedestrian crossing (PUFFIN) or any other such works may be required at Craigneuk Street and shall be submitted to the Planning Authority for review. The assessment criteria shall be submitted to and agreed in writing by the Planning Authority, in consultation with the Roads Authority, before the survey is undertaken.

Reason: In the interests of pedestrian and road safety.

11. That within 3 months of the Planning Authority's review of the assessment referred to in condition 10, unless otherwise agreed in writing by the Planning Authority, any works identified by the assessment, which may include the construction of a signalised pedestrian crossing (PUFFIN), and which may be considered to be required by the Planning Authority, in consultation with the Road Authority, shall be completed to the specification of the Roads Authority.

Reason: In the interests of pedestrian and road safety.

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

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

13. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority.

Reason: To ensure the suitability of the site for the proposed development.

14. That any remediation works identified by the site investigation required in terms of

114 Condition 13 shall be carried out to the satisfaction of the Planning Authority prior to the site being brought into use. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority, prior to the site being brought into use, 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.

15. That the freezer and chiller units hereby granted as part of the development shall be ‘low noise’ chiller and freezer condenser units with a maximum sound power level of 61 dB(A) for the ‘low noise’ chiller and a maximum sound power level of 62dB(A) for the ‘low noise’ freezer unit.

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

16. The kitchen extract fan shall have a discharge silencer fitted with the minimum insertion loss criteria across the frequency spectrum of as follows:

Frequency 63 125 250 500 lk 2k 4k Ok (Hz) Silencer 17 29 41 50 47 47 47 39

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

17. The kitchen extract fan with discharge silencer fitted shall be suitably enclosed within an acoustic housing which provides the following additional minimum insertion loss criteria across the frequency spectrum of as follows:

Frequency 63 125 250 500 lk 2k 4k 8k (Hz) Acoustic 16 19 25 27 27 27 27 25 enclosure

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

18. That before the development hereby permitted is brought into use, full details of the external lighting units proposed shall be submitted to and approved in writing by the Planning Authority and prior to the development being brought into use the approved scheme shall be implemented to the satisfaction of the Planning Authority.

Reason: To safeguard the amenity of the adjacent residential dwellings.

19. That before any works commence upon the site a survey shall be undertaken to determine the presence of badgers on or adjacent to the site, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for the relocation or protection of badgers, 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 Protection of Badgers Act 1992.

115 Backaround Papers:

Consultation Responses:

Greenspace...... received 31 May 2013. Transportation.. . received 30 May 2013. Network Rail received 30 May 2013. Environmental Health (including Pollution Control) received 13 May 201 3; 28 May 2013. Scottish Water received 30 May 2013.

Contact Information:

Any person wishing to inspect these documents should contact Mrs Mary Hogg at 01 236 632506

Report Date:

23rdMay 2013

116 APPLICATION NO. 13/00659/FUL

REPORT

1. Site DescriDtion

1.1 The site is the existing ARC car wash facility at Craigneuk Street, Motherwell. The site lies to the south west of the roundabout leading into Ravenscraig. To the north and separated by Robberhall Road lies Motherwell College and Flemington Industrial Estate. To the east an area of formal landscaping separates the site from the junction of Vesuvius Drive with Craigneuk Street and beyond lies the residential development known as Silver Birch Park. The application site extends to approximately 0.75 hectares; is relatively flat and sits lower than Craigneuk Street to the north, and a well established tree belt adjacent to the main Glasgow/London rail line to the south and west.

2. ProDosed DeveloDment

2.1 Planning permission is sought for the erection of a drive through restaurant with provision of 41 parking spaces which includes 2 disabled spaces and landscaping. It is anticipated that the restaurant will employ approximately 65 full time and part time staff. The restaurant is to be situated fronting on to Craigneuk Street with the access being taken from the east off Vesuvius Drive with the car park to the south and rear of the building. The drive through facility is to loop around the western section of the building exiting via the main car park onto Vesuvius Drive to the east side of the building. The building is to be single storey finished in brick, powder coated aluminium cladding , glazing and a mansard style roof.

3. Amticant’s Sumortina Information

3.1 A supporting statement has been submitted in respect of the application outlining the planning policies covering the application site in addition to the proposed hours of operation, traffic and travel assessments, and employment details. A further letter of response to points raised in representation has been received in relation to legislation policy and guidance matters; transportation, economic impacts, amenity, public utilities, biodiversity and landscaping.

4. Site History

96/10271/ADV: Erection of three illuminated advertisement hoardings, granted 10 September 1996.

12/00188/FUL: Erection of parade comprising 4 units for Class 1 (Retail) Class 2 Financial, Professional and other services, manoeuvring, parking and access arrangements including associated landscaping, refused 28 September 201 2.

Separate applications for advertisement consent for the proposed development are presently under consideration.

5. DeveloDment Plan

5.1 The site lies within an area covered by HCF 1 A (Protecting Residential Amenity and Community Facilities) - (A) Residential Areas, in the North Lanarkshire Local Plan 2012.

6. Consultations

6.1 Protective Services (PS) has requested the submission of a site investigation report. Having reviewed the Noise Impact Assessment PS has no objection to the proposed development in terms of noise impact provided that mitigation measures are imposed

117 through relevant condition regarding noise from the kitchen extract fan and the freezerkhiller units.

6.2 Transportation has advised on the requirements for an assessment to establish whether or not a signalised pedestrian crossing (PUFFIN) would be required at Craigneuk Street; visibility splay specifications, and the internal arrangements for car parkingkervice of vehicles shows a conflict between commercial (service vehicles) and customer traffic which is unacceptable.

6.3 Greenspace has advised that a badger survey must be undertaken including a Badger Protection Plan.

6.4 Network Rail has no objections in principle to the proposal but, due to its close proximity to the operational railway identified matters to be taken into account and if necessary and appropriate included as conditions or advisory notes, if granting the application.

6.5 Scottish Water has no objections in principle as the relevant water network is currently able to supply the new demand. However, there is a limited capacity at the wastewater treatment works and there may be a requirement for the applicant to carry out works on the local network to ensure there is no loss of service to existing customers. The applicant should discuss all implications of the development directly with Scottish Water.

7

7.1 Following neighbour notification and press advertisement procedures. 105 representations were received from 85 individuals. 4 letters support the proposal and 81 raise objections including Councillor Harmon, O’Rorke and Lunny and the Scottish Badgers. The objections can be summarised as follows:

a. The restaurant and drive through facility would have a detrimental impact on the amenity of the houses within the Silver Birch Park estate resulting from litter, noise and odour nuisance and anti social behaviour. The increase in people visiting the outlet would affect the current level of privacy enjoyed by residents.

b. It is alleged that McDonald’s do not adhere to North Lanarkshire Council’s (NLC) policy on recycling and disposal of waste. Therefore planning consent should be refused.

C. A fast food outlet at this location would devalue the existing residential properties at Silver Birch Park estate and could stall the building programme and completion of the residential development.

d. Over provision of this type of fast food outlet in the area. An additional fast food outlet would jeopardise the existing outlets in the area.

e. There are several empty and derelict properties in the Craigneuk area. Instead of allowing new build, development should be directed to these commercial properties to bring them back into use. It is suggested that development such as this should be re-directed to the Ravenscraig as it is a priority regeneration area.

f. The proposals would increase congestion at this busy location and would adversely affect road safety for residents trying to access and exit Vesuvius Drive. Vesuvius Drive is residential in nature and would not cope with higher levels of traffic.

The DroDosal would affect existina drainaae Droblems and mav increase off g. “ “I

118 site flooding and therefore is contrary to local plan policy DSP3 (Impact of Development).

h. The proposal would have an adverse affect on wildlife and habitat i.e. badgers and therefore contrary to DSP 2 (Location of Development).

i. Objectors do not consider that the proposal can be justified under policy HCF 1 A (Protecting Residential Amenity and Community Facilities) as retail for local needs.

j. The proposal should be assessed under retail policies of the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009.

k. The planning application states under the heading “Trees” that there are none. There are trees on the site and adjacent to the site. This statement is inaccurate.

I. The residents of Silver Birch Park estate were not neighbour notified of this proposal but the local Community Councils were consulted.

7.2 The remaining 4 representations were in support of the proposal. The grounds of support were on the basis of the potential investment in the area, the creation of jobs; and the provision of a selection of fast food outlets and services in the area.

8 Planni nu 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 Local Plan policies.

8.2 The application site is within an area designated under policy HCF 1A (Residential Areas) in the adopted North Lanarkshire Local Plan (2012). Policy RTC 3B (Bad Neighbour Deve1opments)isalso relevant.

8.3 Policy HCF 1A states there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable subject to consideration of impact on residential amenity and provision for servicing and parking. Policy RTC 3B also indicates that planning permission will only be granted for such developments where it can be demonstrated that amenity would not be adversely affected.

8.4 The site is in a primarily residential area however it is presently used by a car wash and is in close proximity to Flemington Industrial Estate and Motherwell College as noted in paragraph 1.1. The site is self-contained located on a corner between the railway embankment and Craigneuk Street and has its own access off Vesuvius Drive. The site lies lower than the surrounding area making it less prominent within the wider street scene. The site is situated on a busy through route between Motherwell and Wishaw where other similar uses exist. The site is located over 65 metres from the nearest residential properties at Silver Birch Park which sit at a notably higher level. It is considered that the site circumstances and distance of the proposed development from the residential properties is such that it would have no significant impact upon the residential amenity of the area.

8.5 In terms of impact upon the road network. All parking and service arrangements can be accommodated within the site. Forty one spaces are to be provided; parking bays to the rear of the restaurant being utilised for deliveries. Transportation has advised

119 that an assessment should be undertaken to ascertain if a signalised pedestrian crossing (PUFFIN) is required. In addition, the internal arrangements for car parking and service vehicles show a conflict between commercial and customer traffic which is unacceptable. To minimise any potential conflict calculated best times for delivery and prior notification to the outlet are scheduled to ensure that any measures required within the parking area are employed in good time for the delivery arrival. This internal arrangement and delivery scheduling is the ‘norm’ for such outlets similar to the existing McDonalds and KFC in Wishaw and other outlets in the wider area. The internal arrangements for car parking and service delivery are not sufficient grounds to recommend refusal of this planning application.

8.6 In view of the above it is considered that the proposal would not reduce the level of residential amenity and that there would be no significant detrimental impact upon the road network therefore the proposal complies with policies HCF 1A and RTC 38.

8.7 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment and achieve a high quality development taking account of various criteria. In this case relevant considerations would include impact on amenity and access and parking. For the reasons noted above in paragraphs 8.4 and 8.5 it is considered that the proposed development will not be to the detriment of the amenity of the surrounding mixed use area or the road network and accords with DSP 4.

Consultations

8.8 In terms of the consultation responses, Transportations comments are addressed at paragraph 8.5 above. In relation to the comments raised by Protective Services, Greenspace, Scottish Water and Network Rail. Conditions are recommended to address the submission of a site investigation report including mitigation measures; connection to the public sewer and the protection of habitats.

8.9 In response to representations, the following comments are given:

a. The impact of the development on residential amenity is considered at paragraph 8.4 above. It should be noted that the site is self contained, and has an existing access off Vesuvius Drive. The applicant has advised that McDonalds franchise operates litter patrols and would have anti litter signage and bins throughout the site. The extraction system removes air borne grease and odours to ensure that only purified air is expelled from the restaurant. ‘Considerate neighbour’ signs and an Environmental Manual and audit system would be in place to manage noise in the longer term.

b. The concerns regarding recycling are not a material planning consideration.

C. The potential impact on property values is not a planning consideration.

d. While there are other retail units offering hot food in the surrounding area it is not considered that the proposed development would lead to a significant concentration of such uses in land use terms. Trade objections concerning overprovision are not a valid planning consideration.

e. All applications require to be considered on their own merits. As indicated in paragraphs 8.4 and 8.5 it is considered that the proposal is acceptable at this site.

120 f. Transportation has no objections to the proposal subject to conditions regarding assessment for a signalised pedestrian crossing (PUFFIN); parking and manoeuvring and access site lines.

9. The site is not within an identified flood risk area. A condition is recommended to ensure that the developer has the required approval from Scottish Water.

h. The development relates to a site that is currently in use and should therefore have limited impact upon wildlife, however a condition is recommended to deal with any impact upon habitats that may be affected.

j. Policy HCF 1A states there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable subject to consideration of impact on residential amenity and provision for servicing and parking. The assessment against these policies is covered in Paragraphs 8.4 - 8.7 inclusive.

k. The Adopted North Lanarkshire Local Plan 2012 supersedes the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009. The policies of the previous Local Plans are therefore no longer applicable.

I. It is acknowledged that trees are located on a landscaped area adjacent to the ARC car wash car park and on the southern boundary on the periphery of the site. The formally landscaped area and the treed embankment of the railway, which acts as a backdrop for the site, would not be affected by the proposed development. A landscaping condition is recommended in the interests of the visual amenity of the area.

m. The required neighbour notification was issued in accordance with planning legislation. There was no requirement to neighbour notify the residents of the Silver Birch Park estate. The application was advertised, as required, in the local press.

9 Conclusions

9.1 It is considered that the proposal complies with the relevant local plan policies, in that the proposed development would not significantly affect the amenity of the adjacent residential area and would not unacceptably impact upon the road network. Notwithstanding the objections received it is recommended that planning permission be granted subject to conditions.

121