North Lanarkshire Council
Planning Applications for consideration of Plann ing and Transportat ion Com mittee
Committee Date : 27th January 2010
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 27thJanuary 2010
Page Application No. Applicant DevelopmentlLocus Recommendation No 4 N/09/01029/FUL DM Design Ltd Construction of Warehouse Grant Building IDeerdykes Place Westfield Cumbernauld
10 N1091013391PPP Mr Warren Residential Development Grant (P) Knowles (In-Principle) 42 Cumbernauld Road Stepps
17 N/09/01373/PPP Mr William Construction of Refuse (P) McAllister Dwellinghouse Request for Whinrigg Farm Site Visit and Stirling Road Hearing Airdrie
23 N/09/01393/FUL M Wallace Clelland Construction of 2 Refuse & Company Ltd Dwellinghouses North Lodge Tak Ma Doon Road Kilsyth
29 N/09/01407/FUL Saveco Properties Change of Use from Grant Ltd Former Shop to Hot Food Takeaway 1 Broomknoll Street Town Centre Airdrie
35 N/09/01413/FUL Mr & Mrs Felix Change of Use from Part Grant Brown Farm to Storage of Caravans Riggend Farm Stirling Road Airdrie
40 N/09/01425/FUL Mr Graham Change of Use from Public Grant Spence Walkway to Outdoor (Baguette Express) Seating Area 100 Main Street Coatbridge
45 C/09/01165/FUL Mr Tom Muirhead Erection of Barn (In Grant (P) Retrospect) for Bull Breeding Station and Erection of Dwellinghouse at Knowhead Farm, Craigens Road, Airdrie
2 53 C/09/01243/FUL Mr Navid Gafoor Change of Use from a Grant Vacant Retail Unit to Fast Food at 48 Woodside Street, Kirkwood, Coatbridge
60 S/09/00753/FUL North Lanarkshire Installation of a Passenger Grant Council Lift Civic Theatre Windmillhill Street Motherwell
64 S/09/00864/FUL North Lanarkshire Formation of Access Grant Council Roundabout and Road Realignment Junction At Allershaw Road / Castlehill Road Gowkthrapple Wishaw
(P) C/09/01165/FUL - If granted, Section 75 Agreement required N/09/01339/FUL - If granted, Legal Agreement required N/09/01373/PPP - If granted, Legal Agreement required N/09/01393/FUL - Decision delegated to Head of Planning and Development N/09/01425/FUL - Decision delegated to Head of Planning and Development
3 Application No: Proposed Development:
N/09/010291FUL Construction of Warehouse Building Site Address:
1 Deerdykes Place Westfield Cumbernauld G68 9HE
Date Registered:
20th October 2009
Applicant: Agent: DM Design Ltd Filplastic UK Ltd 1 Deerdykes Place High Street Westfield Eastrington Cumbernauld DN14 7PW G68 9HE Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 002 Cumbernauld North No letters of representation received. Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan O'Brien,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal complies with the adopted Cumbernauld Local Plan, 1993. It is considered that the proposal will not detract from the industrial character of the application site or the surrounding area. The impact on neighbouring businesses and the wider environment is considered to be acceptable.
Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings duly stamped approved.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That before the development hereby permitted starts, full details of the external materials and the colour of the steel cladding to be used on the warehouse building shall be submitted to, and approved in writing by the Planning Authority.
4 5 Reason: To ensure that the external materials are acceptable for the site and the general area.
4. That before the development hereby permitted starts, full details of the existing and proposed levels shall be submitted to, and approved in writing by the Planning Authority.
Reason: To ensure that these proposed levels are acceptable for the site and the general area.
5. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). Drainage from the following sources must be connected to the public foul sewer in accordance with the requirements of Scottish Water:-
a) Domestic sewage; b) Any trade effluent such as vehicle wash bay drainage; and c) Drainage from workshop floors and other surfaces which may be prone to contamination.
Where applicable, advice contained within the following Pollution Prevention Guidance Notes should be followed:-
PPG08: Storage and Disposal of Used Oils PPGl3: High Pressure Water & Steam Cleaners PPG10: Garages and Vehicle Service Centres.
If surface water arising from non-high risk areas on the site cannot be taken to the public sewer, then 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.
6. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
7. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
6 Backaround Papers:
Representation Letters
No letters of representation received.
Consultation Responses:
Memo from Pollution Control received on 13'h December 2009.
Contact Information:
Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 616394.
Report Date:
1gth January 201 0
7 APPLICATION NO. N/09/01029/FUL
REPORT
1. Site Description
1.I The application is for the construction of a warehouse building at 1 Deerdykes Place, Westfield, Cumbernauld. The application site comprises an area of undeveloped land next to an industrial unit within the Westfield Industrial Area, Cumbernauld. The site measures approximately 374 square metres in area. To the east and the north lies undeveloped industrial land beyond which there is open space and woodland, the adjacent unit owned by the applicant to the west and neighbouring units beyond Deerdykes Road to the south.
1.2 The application site and part of the adjacent undeveloped land is understood to be owned by North Lanarkshire Council although this is disputed by the applicant who claims ownership. The surrounding land is currently being considered by the Council for the development of a recycling facility although the proposed warehouse building will be situated outwith the site of the proposed recycling centre.
2. Proposed Development
2.1 This application proposes the construction of a new warehouse building of approximately 374 square metres in area which will be used for the storage of materials and equipment in connection with the applicant's business installing fitted kitchens and bathrooms.
2.2 The proposed warehouse building will be constructed with cladded steel and will be approximately 7.5 metres high at its tallest point.
3. Site History
3.1 Relevant site history is as follows; 0 N/04/01581/FUL Extension to Factory Unit -Approved in October 2004.
4. Development Plan
4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
4.2 In the Cumbernauld Local Plan 1993, the site lies within an industrial area where Policy 1B1 (Industrial Areas) is applicable. This policy states that within this area there will be a presumption in favour of industrial and business (Class 4) development.
5. Consultations
5.1 Pollution Control has offered comments in relation to the potential contamination of the application site and advises several measures that can be taken to identify and remedy any such contamination.
6. Rewesentations
6.1 No letters of representation have been received in relation to this application
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.
8 7.2 Develoment Plan Cumbernauld Local Plan 7993: Policy IBl (Industrial Areas) applies in this case and states that proposals should be compatible with the primarily industrial and business use of the area. The site location, design, proposed materials and use of the proposed warehouse are considered to be acceptable and in accordance with Policy IBI.
7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not change in this plan. The development is considered to comply with Policy EDI 2 A (Industrial and Business Sites) in the Draft Plan in that it will promote the development of industry within the Westfield Industrial Area.
7.4 lmpact on lndustrial Amenity: The industrial unit is of a reasonable design taking account of its location away from the main Westfield Road. It is considered that the proposal will not detract from the industrial amenity of the application site and the surrounding area with it being noted that a section of derelict land will be developed for industrial use. The potential impact of the proposal on neighbouring industrial premises is deemed to be acceptable.
7.5 Traffic and Transporfation Issues: The vehicle access and parking provision of the DM Design premises are considered to be acceptable and it is considered that the proposed warehouse building will not place any significant pressures on them. The proposal will have no negative impact on road safety or visibility.
7.6 Consultations; In terms of the consultation response received from Pollution Control it is not considered necessary to request a site investigation be conducted. This is in view of there having been no indication that there is any contamination on the site or adjacent land. It is also noted that a warehouse unit is not a sensitive building and therefore site investigation conditions are considered to be too onerous.
8. Conclusions
8.1 It is considered that the proposal will not have an unacceptable impact on the industrial amenity of the application site or the surrounding area nor will it have an unacceptable impact on neighbouring industrial premises. The design, location and proposed materials of the warehouse are considered to be reasonable and its proposed usage is compatible with the Council’s aims for the Westfield Industrial Area. The proposal will improve the operations of a local business and will not interfere with the Council’s aims for the adjacent undeveloped site.
8.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the construction of a warehouse building at 1 Deerdykes Place, Westfield, Cumbernauld.
9 Application No: Proposed Development:
N/09/01339/PPP Residential Development (In-Principle) Site Address:
42 Cumbernauld Road Stepps G33 6EW
Date Registered:
7th December 2009
Applicant: Agent: Mr Warren Knowles Montgomery Forgan Associates C/O Agent Eden Park House Cupar Fife KY15 4HS
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 005 Strathkelvin No letters of representation received. William Hogg, Joseph Shaw, Brian Wallace and Frances McGlinchey.
Recommendation:
Reasoned Justification:
It is considered that, given that the application site is located within an established residential area, the proposed residential development is in keeping with the nature of the area and will not significantly impact on the amenity of the adjacent areas. Taking account of the foregoing, the proposal is acceptable and complies with the terms of the adopted Northern Corridor Local Plan (2005) and with the Finalised Draft North Lanarkshire Local Plan.
This planning application will be subject to a Legal Agreement in relation to a financial contribution to expand local primary schools.
10 Representation Received From: 57 Whitehill Road Stepps (Not on Map)
\
11 Proposed Conditions:-
1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters:-
(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, timetable for, management and maintenance, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (9 the provision of SUDS based drainage works; (9) the disposal of sewage; (h) details of existing and proposed site levels; (i) Site Investigation including any required remedial provisions.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That within three years of the date of this permission, an application for approval of the matters, specified in Condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
3. That the development hereby permitted shall be started, either within 3 years of the date of this permission, or within 2 years of the date of which the last of the matters as specified in Condition 1 above are approved, whichever is the later.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number 4681/C/02 (Location Plan); For the avoidance of doubt, drawing number 4681/C/01 (Site Layout) does not form part of this planning consent.
Reason: To clarify the drawings on which this approval of permission is founded.
5. That notwithstanding the terms of Condition 1 above, the application for approval of matters application shall be in accordance with the following:-
(a) the Council's 'Developer's Guide to Open Space', (b) the Council's Guideline for parking provision, (c) the residential development shall front onto Cumbernauld Road and shall not exceed three storeys in height.
Reason: To ensure the residential development complies with Council Guidelines.
6. That notwithstanding the terms of Condition 1 above, the application for approval of the matters shall include details for the provision of 25% affordable housing, in accordance with the provisions of Policy HCF 3 of the Finalised Draft North Lanarkshire Local Plan. Subsequently affordable housing shall be provided in full accordance with that agreed scheme.
Reason: In order to secure the provision of affordable housing.
7. That the application required under the terms of Condition 1 above shall include confirmation 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
12 Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
8. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
9. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
Note to Committee
If approved, the planning permission will not be issued until a Legal Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 or Section 69 of the Local Government (Scotland) Act 1973 has been concluded in relation to a financial contribution towards expanding local primary schools.
Backaround Papers:
Representation Letters No letters of representation to date.
Consultation Responses: Letter from BT received 1!jth December 2009 Letter from Scotland Gas Networks received 22ndDecember 2009 Letter from Scottish Water received 22ndDecember 2009 Memo from Learning & Leisure Services received 21" December 2009 Memo from Greenspace Services received 22ndDecember 2009 Memo from Transportation received 31st December 2009
Contact Information:
Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 618124
Report Date:
19th January 2010
13 APPLICATION NO. N1091013391PPP
REPORT
1. Site Description
1.1 The application is in principle for residential development at 42 Cumbernauld Road, Stepps. The majority of the application site is currently used as a car sales centre with the eastern section being an overgrown vacant area. The site is bound by residential properties to the north and west. To the south and east is heavily vegetated open space. The application site covers 0.33ha.
2. Proposed Development
2.1 Planning permission in principle is being sought for residential development at 42 Cumbernauld Road, Stepps. An indicative layout plan shows the proposed development layout, car parking, amenity space and access arrangements. The applicant suggests that the site would have the capacity for 28 two-bedroom units arranges within 2 no. four storey units. The indicative layout seeks to use the existing access point unto Cumbernauld Road. It should be noted that the indicative layout plan is not considered to be a formal proposal and that it is unsatisfactory in a number of respects.
3. Applicant’s Supportinn Information
3.1 The applicant has provided a supporting statement which includes an environmental audit and a flood risk plus drainage statementlstrategy.
4. Site Histoq
4.1 The planning history of the site relates to various applications directly associated with the car sales business that currently occupies the site and is not relevant to the proposed residential development.
5. DeveloDment Plan
5.1 The application raises no strategic issues and can be assessed in terms of Local Plan policies.
5.2 In terms of the Northern Corridor Local Plan 2005 the application site is zoned jointly for residential, retail, education and road building purposes (HG1/22, SC2, EDUC I, TR3/4).
6. Consultations
6.1 A summary of comments from consultees is as follows:
I. Scotland Gas Network, Scottish Water and Protective Services all have no objection to the proposed development. II. Greenspace Services have no objection to development on this site provided conditions and recommendations relating to landscaping, waste water management are incorporated into the development. iii. Transportation have no objection to the proposed residential development subject to conditions relating to visibility splays, the provision of footways and access arrangements. iv. Learning & Leisure Services have commented that as a result of the proposed development there would not be sufficient capacity at local primary schools to accommodate additional pupils. This would result in either children being transported to other schools; extensions being constructed at the existing schools, or rezoning of the school catchment areas. School
14 extensions would require to be funded by a financial contribution from the applicant. In this regard, an extension has been indicated as the preferred option and a contribution of €84,000 would be required from the developer to facilitate the expansion of St. Joseph’s and Stepps Primary Schools.
7. Representations
7.1 Following the standard neighbour notification process, no letters of representation have been received to date.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Develoment Plan Northern Corridor Local Plan 2005: The site is zoned jointly for residential, retail, education and road building purposes (HG1/22, SC2, EDUC I, TR314). Policies also relevant are HG 4 (Assessing Applications for Residential Development) and TR 6 (Development Control Criteria). The primary issues to be considered here are the appropriateness and compliance with the development plan and the affect the proposal will have on the surrounding area.
8.3 The Local Plan allows for residential development so long as it is part of a balanced set of proposals which promotes other development interests. The site does not hold any ecological assets given the site is currently used for car sales.
8.4 The proposal requires to be assessed in terms of Policy HG 4, which requires account to be taken of the following criteria: planning policy, overall impact of the proposal on the character and amenity of the area; provision of vehicular access and parking arrangements; and dimensions of the site relative to the proposed development. The surrounding area is dominated by residential properties, thus the impact of the proposed development on the character and amenity of the area would be acceptable in principle subject to detailed design and layout considerations. With respect to the submitted indicative layout it is anticipated that the site is not of a sufficient size to accommodate the two blocks of flats (28 residential units) in accordance with the Council’s Open Space Guidelines and parking specifications and the requirement that the development accords with the general urban village environment. An appropriately designed development will, however, not be detrimental to the amenity of the existing and proposed residential properties adjacent to the site in terms of privacy and overshadowing and this can be fully assessed at the detailed application stage. The scale, design, height and proposed materials can also be assessed at the same time to ensure that any proposal would be in keeping with the surrounding character of the area. Therefore, in principle, the proposal is considered to comply with Policy HG 4.
8.5 Policy TR 6 sets out roads criteria for the Council to consider when assessing applications for development. These criteria include: the level of traffic generated and its impact on the environment and adjoining land uses; the impact of the development on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. The aim of this policy is to ensure that developments which generate traffic do not detrimentally effect the environment or adjoining land users and this is important in the assessment of this application. Transportation have no objection to the proposed flatted development subject to conditions relating to visibility splays, the provision of footways and access arrangements. These matters can be covered at the follow up detailed application stage. The proposal is therefore considered acceptable when assessed with respect to policies TR 6.
15 8.6 Other Materials Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan which zones the site within Policy HCF 1 A (Residential Amenity). Policies also relevant are DSP 3 (Impact of Development) and HCF 3 (Assessing Affordable Housing Development). It is considered that the proposed residential development is in keeping with the residential policy zoning for the draft local plan and therefore is acceptable. Policy DSP 3 states that development proposals will be assessed in terms of their impact on the economic, social, or environmental infrastructure of the community. Where developments would have an adverse impact, planning permission will only be granted if planning conditions or legal agreements can mitigate those impacts. This directly relates to the resulting capacity issues of the local primary schools due to the proposed residential development in which Learning & Leisure Services have requested a financial contribution from the developer. The developer has been asked to contribute E3000 per dwelling towards the expansion of local primary school to cope with the increase in capacity and this will be covered by legal agreement. Policy HCF 3 states that the Council will seek the provision of an on-site provision of affordable housing at the rate of 25% for all new housing developments with an overall site capacity of 20 or more units not already included in the Housing land Supply 2008. Compliance with this policy will be secured by planning condition.
8.7 Character and Amenity of Site: A residential development will result in a marked improvement to the character of the area and streetscene and will compliment the residential nature of the surrounding area.
8.8 Consultations: In response to the comments received from Greenspace Services and Transportation, conditions are recommended where appropriate or the matters can be left to the detailed application stage. With respect to the comments made by Learning & Leisure Services relating to the request for a financial contribution from developer to expand the local primary schools, this has been addressed in paragraph 8.6 above.
9. Conclusions
9.1 In conclusion, the proposal is acceptable and in accordance with the Northern Corridor Local Plan 2005 and Finalised Draft North Lanarkshire Local Plan. The proposed residential development is in keeping with the character and amenity of this location. Taking account of these matters it is recommended that planning permission be granted subject to conditions.
9.2 If granted planning permission should not be issued until a Legal Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 or Section 69 of the Local Government (Scotland) Act 1973 has been concluded in relation to a financial contribution towards expanding local primary schools.
16 Application No: Proposed Development:
N/09/01373/PPP Construction of Dwellinghouse Site Address:
Whinrigg Farm Stirling Road Riggend Airdrie ML6 7SS
Date Registered:
3rd December 2009
Applicant: Agent:
Mr William McAllister N/A Whinrigg Farm Stirling Road Airdrie ML6 7SS
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations:
007 Airdrie North I letter of representation received. Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan,
Recommendation: Refuse
Reasoned Justification:
The proposal is contrary to the terms of Green Belt Policy in the Monklands District Local Plan 1991 and will adversely affect the rural character of the area.
17
Recommendation: Refuse for the Following Reasons:-
1 The proposed dwellinghouse is contrary to the development plan in that it does not accord with policy GBI (Restrict Development in the Green Belt) in the adopted Monklands District Local Plan 1991 as the proposed dwellinghouse is not connected with agriculture or forestry and the applicant has failed to demonstrate an overriding specific locational need.
2 The proposed dwelling house is contrary to the terms of the Finalised Draft North Lanarkshire Local Plan 2009 in that it does not accord with policy NBE 3A (Assessing Development in the Green Belt) and DSP 2(Location of Development) as the proposed dwellinghouse is not connected with agriculture or forestry and the applicant has failed to demonstrate an overriding specific locational need.
3 The proposed dwelling house will adversely affect the rural character of the area by introducing a permanent building which will detract from the Green Belt openness and will over develop the existing rural diversification caravan storage.
4 That should planning permission be granted a precedent will be set for inappropriate development within protected Green Belt areas.
Note to Committee
If approved, the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded tying the occupation of the proposed development to a person employed at the adjacent caravan storage business.
Backaround Papers:
Representation Letters
Letter from Mr Gerry Gillougley, Breckenridge House, Stirling Road, Riggend, Airdrie ML6 7SS, ML6 7SS received 9th December 2009.
Consultation Responses:
Traffic & Transportation (Northern Area) Memo received 3rdDecember 2009.
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475
Report Date: lgthJanuary 2010
19 APPLICATION NO. N1091013731PPP
REPORT
1. Site Description
1.1 The application is for a dwelling house in principle. The site forms part of the former farmyard area of Whinrigg Farm (now Breckenridge House), Stirling Road, Riggend. The site is now in separate ownership from Breckenridge House. The application site is currently laid out as a caravan storage area as a result of previous planning permissions. The site is located within a rural area and is bounded to the west by the A73 dual carriageway, to the south and east by the B8033 Stirling Road, and to the north by open fields (currently being laid out as an extension to the caravan storage area as a result of a separate planning permission (C/07/00083/FUL)).
2. Proposed Development
2.1 Planning permission is sought in principle for a dwelling house. No details have been submitted at this stage in respect of potential house type as this would be considered as part of an application for approval of matters specified in conditions should this present application be considered favourably. Vehicular access into the site to serve any dwellinghouse will most probably be taken from the existing access point on the 88033 that currently serves the caravan storage area.
3. Applicant’s Supporting Information
3.1 The applicant has provided the following supporting information.
3.2 Crime prevention survey Observations and recommendations provided by Strathclyde Police highlight how the applicant can improve site security. In a supporting letter from the applicant it is argued that the proposal complies with green belt policy in that a further dwelling house on this site will improve surveillance of the adjacent caravan storage area. The applicant has requested a site visit and hearing should there be a recommendation to refuse this application.
4. Site History
4.1 The following previous applications are relevant to the current proposal.
95/05389/COU Stirling road, Riggend Use of Land for Storage of 44 Touring Caravans (unoccupied) Granted Nov. 1995 0 98/01 106/FUL First Floor Extension to Kennel Administration Block to form Flatted Dwellinghouse Granted Nov. 2000 0 05/00073/FUL Change of Use to Caravan Storage Area (In Retrospect) Granted April 2005 0 05/00673/OUT Erection of Dwellinghouse in Connection with Existing Caravan Storage Area Refused July 2005 0 07/00083/FUL Formation of Extension to Caravan Storage Area and Improvement to Existing Access Granted Aug. 2007 0 09/00502/0UT Erection of Dwellinghouse (in Outline) refused 1Oth July 2009.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed under Local Plan policies.
5.2 The site is located within an area designated as GBI (Restrict Development in the Green Belt) in the Adopted Monklands Local Plan 1991. Policy HGIO (Residential Development out with Residential Areas) is also of relevance.
20 6. Consultations
6.1 A summary of comments from consultees is as follows:
Traffic and Transportation: has objected to the development and comments provided on the road junction visibility splays being unachievable and access being taken from a de-restricted length of Stirling Road resulting in an increase in the use of an access to the detriment of traffic and pedestrian safety.
7. ReDresentations
7.1 Following the standard neighbour notification procedures one letter of objection was received. Points of objection relate to not receiving the requisite neighbour notification.
8. Planninn Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance the proposed site is located within the Green Belt and relevant planning policies in the Local Plan presume against new housing unless justification can be provided.
8.2 DeveloDment Plan Monklands District Local Plan 7991: The Development Plan consists of the Monklands District Local Plan 1991. Relevant policies are as follows.
8.3 GB1 (Restrict Development in Green Belt) states that no development will be permitted except for (amongst other things) new houses for full time workers in connection with forestry or agriculture. Policy HGlO states that new build residential development will not be permitted outwith existing residential areas unless it is justified under (amongst other things) policy GB1 as noted above. The proposed dwelling house is not associated with forestry and agriculture and therefore would be seen to be contrary to the Adopted Monklands District Local Plan 1991. The applicant has not provided any acceptable justification for the departure form Local Plan policy.
8.4 Other Material Considerations. The Finalised Draft North Lanarkshire Local Plan 2009. The site remains zoned as Green Belt and requires to be assessed against policy ENV6. This policy does not support the proposed development.
8.5 Scottish Planning Policy: The proposed development is also contrary to the policy set out within Scottish Planning Policy 21 (Green Belts) which reiterates the exceptional circumstances under which development in the green belt should only be allowed. In this instance the development does not fall within any of the categories outlined as appropriate uses within this document. The proposal must be deemed to be contrary to Scottish Planning Policy 21.
8.8 Specific Locational Need: The applicant has advised that the new dwelling house is being sought to provide surveillance for the security of caravans which are stored adjacent to the site. In policy terms “security” is not in itself a relevant justification for allowing a new house in the green belt. Having regard to security it should be noted that while the application site is within a rural location the applicant currently resides only a short distance (120 metres) to the north of the application site in a recently constructed dwellinghouse which is tied (through a Section 75 Agreement) to the adjacent boarding kennels. There is also a separate flatted dwelling house located beside the kennels which is owned by and previously occupied by the applicant (prior to the construction of the new dwelling). These dwellinghouses provide secondary
21 surveillance.
8.9 The advantage of additional surveillance was highlighted in the submitted Police report (paragraph 3.2). It is considered, however, that the advantage of additional surveillance is outweighed by the disadvantage of the proposed dwellinghouse reducing the existing rural amenity. The requirement for a dwelling to enhance security on the site was proposed and refused as recently as July 2009 (C/09/00502/OUT). It is noted that the site is adjacent to an existing dwellinghouse (Breckenridge House) and together with the dwelling associated with the kennels a level of passive surveillance to both the north and south of the site is already provided. While security of the site is considered important it is not the overriding factor when assessing applications for dwellinghouses in the green belt.
8.10 Recent Planning History: It is also relevant to note that a similar previous planning application (C/05/00673/OUT) for the erection of a dwellinghouse on this same site was refused permission in July 2005 on the grounds of the proposal being contrary to Green Belt policy. That proposal also argued that the dwellinghouse was required for security of caravans. Similarly planning permission for the erection of a dwellinghouse on the same site was refused permission in July 2009 on the grounds of the proposal being contrary to Green Belt policy despite the argument that it was required for security.
8.1 1 Affect on Rural Amenity: The storage of caravans is generally accepted as rural diversification especially when the temporary and seasonal nature of this activity is considered. However the construction of buildings such as dwellings have a greater impact on rural amenity primarily due to their permanency and are normally only constructed in the Green Belt where there is an overriding specific locational need.
8.12 Consultations: The Transportation comments concerning increased use of a de- restricted road and sub standard sight lines are noted. It is, however, considered that these shortcomings are not overriding issues as an established access is likely to be used and the nature of the road and sight lines are relatively normal for a rural area.
8.13 Representations: 1 objection letter was received. The points of objection raised can be summarised as follows:
Point of objection: The requisite notification for neighbours was not been received.
Comment: A response was received from Breckenridge House Stirling Road and, as such, this neighbour is aware of the application. The neighbour has now been formally neighbour notified.
9. Conclusions
9.1 It has been determined that the proposal is contrary to the terms of the development plan and Scottish Planning Policy (SPP) 21 and there are no material considerations, including the Finalised Draft North Lanarkshire Local Plan 2009, that would justify departure from green belt constraints. The proposal will adversely affect the rural amenity and will set a precedent for further dwelling houses in the area. It is therefore recommended that the application is refused for the stated reasons. If the Committee is minded to grant planning permission, then the dwellinghouse should be tied to the ongoing caravan storage business through a Section 75 Agreement and no consent notice should be issued until that Agreement has been concluded.
9.2 The applicant has requested a site visit and hearing in order to allow members to view the proposed site and for him to explain the merits of the proposal.
22 Application No: Proposed Development:
N/09/01393/FUL Construction of 2 Dwellinghouses Site Address:
North Lodge Tak Ma Doon Road Kilsyth G65 ORS
Date Registered:
8th December 2009
Applicant: Agent: M Wallace Clelland & Company Ltd Colin Stewart (Architect) North Lodge Lismore Tak Ma Doon Road The Lane Kilsyth Dullatur G65 ORS Cumbernauld G68 OAU
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 001 Kilsyth No letters of representation received. Mark Griffin, Jean Jones, David Key,
Recommendation: Refuse
Reasoned Justification: The proposal to construct two dwelling houses at this location is contrary to green belt policy and will adversely affect the local rural amenity.
Recommendation: Refuse for the Following Reasons:-
1. The proposed development will adversely affect the green belt rural environment of the local area by introducing new residential development that is not required for any rural use; in this respect the proposal is contrary to green belt and site location policies in the Kilsyth Local Plan 1999 (GB 3) and the Finalised Draft North Lanarkshire Local Plan (DSP 2 and NBE 3A).
2. The proposed residential development will adversely affect recognised sustainability interests by being in a detached greenfield location thus encouraging private car trips by residents and visitors and is therefore contrary to policy DSP 2 of the Finalised Draft North Lanarkshire Local Plan.
3. That should planning permission be granted a precedent will be set for inappropriate development within protected green belt areas.
23 The Strip iolf
NO91013931FUL M Wallace Clelland & Company Ltd North Lodge Tak Ma Doon Road Kilsyth ?gg;etg; &&&.w ".-L.-.=*rr*.I..WI".. k;;s;& Construction of 2 Dwellinghouses A+-
24 Background Papers:
Representation Letters
No letters of representation have been received.
Consultation Responses:
Letter from Scottish Environment Protection Agency received 23'(' December 2009
Contact Information:
Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616466
Report Date:
51h December 201 0
25 APPLICATION NO. N1091013931FUL
REPORT
1. Site Description
1.1 The proposal is for the construction of two dwellinghouses adjacent to North Lodge, Tak-ma-Doon Road, Kilsyth. The 0.45 ha site is open land immediately to the west of the three existing dwellings within the converted North Lodge complex. There is a field to the west and east of the site, Tak-ma-Doon Road and thereafter open land adjacent to Beltmoss Quarry is to the north and North Lodge is to the east. Colzium Estate is located to the south and east of the site on the far side of immediately adjacent land.
2. Proposed Development
2.1 The proposals would involve the construction of two 4-bedroomed dwellinghouses that would each be 1% storey in height, incorporate traditional rural design characteristics and would be positioned at right angles to one another. One dwellinghouse would front onto Tak-ma-Doon Road and the other would overlook the open field to the west. Access would be shared with the existing North Lodge development with the proposed development physically joining onto the existing building. It is proposed to finish the dwellinghouses in grey slate, white render and red sandstone feature panels.
3. Applicant’s Supportina Information
3.1 No supporting information has been supplied.
4. Site History
4.1 Relevant planning applications are as follows; CN/85/114: Conversion of Dwellinghouse and Stables to form 4 Residential Units. Approval granted in January 1986. CN/89/6: Reconstruction of Stables Building to form 2 Dwellinghouses. Approval granted in April 1989.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 In the Kilsyth Local Plan 1999 the application site is located within the green belt and is covered by policy GB 3 which presumes against new residential development unless shown to be necessary for agriculture, forestry or other uses appropriate only to a rural area.
6. Consultations
6.1 A summary of comments from consultees is as follows: Scottish Environmental Protection Agency: Standard potential drainage conditions should be imposed on any permission.
26 7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement no representations have been received. a. 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.
8.2 Development Plan: Kilsyth Local Plan 1999: Residential development in the green belt is covered by policy GB 3 which presumes against new residential development unless shown to be necessary for agriculture, forestry or other uses appropriate Only to a rural area. The purpose of the policy is to protect the urban fringe and countryside from inappropriate developments and to direct development into the urban area. The proposal is unconnected with agriculture or any other rural use and will have an adverse urbanising affect on the countryside. The proposal is, therefore, contrary to green belt policy GB 3.
8.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The site is covered by emerging local plan policy NBE 3A which continues to identify the site as green belt with a presumption against development unless required for agriculture or other identified uses compatible with a natural setting. The proposal is contrary to this policy.
8.4 FDNLLP policy DSP 2 covers the location of development. Amongst other matters this policy specifies that for developments to be acceptable development should avoid key green belt corridors and should be accessible by non car means of transport. The proposed two dwellinghouses are on a prominent section of green belt and are only reasonably accessible by car. As such the proposal is contrary to this policy.
8.5 Rural Amenity The proposed two dwellinghouses will have a significantly greater adverse affect on the local rural amenity than the existing three residential units which are accommodated within existing or reconstructed buildings. This is a prominent and sensitive site which is on a key route through the green belt and which forms an important part of the countryside setting of Kilsyth, Colzium Park and the Kilsyth Hills Regional Scenic Area. The proposed development will reduce the openness of the area and will introduce an urbanising element which will adversely affect the local rural ambiance. A grant of permission will set a precedent for other inappropriate dwellinghouses in the green belt to the detriment of the amenity of the wider area.
8.6 Sustainability Issues: The proposal has sustainability disadvantages in that the dwellinghouses are only reasonably accessible by car and the development is on greenfield rather than brownfield land.
8.7 North Lodge is approximately 0.5 km outwith Kilsyth and approximately 0.85 km from the nearest bus stop. These distances mean that walking distances to public transport and to shops and services are excessive. Cycling would not be an attractive proposition due to the relatively steep gradient of Tak-ma-Doon Road. It is considered, therefore, that the only realistic means of accessing the proposed dwellinghouses is by private car. This reliance on the private car is contrary to national and local efforts to reduce dependence on non renewable sources of energy and to the related promotion of developments which are accessible by walking, cycling and public transport.
8.8 Notwithstanding the small scale of the development the proposed use of a greenfield
27 site works against attempts to promote urban renewal through the use of brownfield sites.
8.9 Planning History Planning permission CN/89/6 was granted in April 1989 for the reconstruction of the former stables building to form two residential units. A previous permission (CN/85/119) for the conversion of the dwellinghouse and stables to form four dwellinghouses was only partly implemented due to the poor physical condition of the stables block. This resulted in the subsequent application for and approval of the demolition and reconstruction of the former stables building to form two dwelling houses. This reconstruction permission was partly implemented with one residential unit being formed. This permission is, therefore, still valid and is a fallback position for the applicant and a material planning consideration. The remaining section of stables building has now been demolished.
8.10 There are a number of material differences between the previously approved scheme and the current proposal. a) The previous scheme was a reconstruction of the then standing stables building which formed a compact U shaped courtyard. The current scheme is, however, more extensive with the site area being 0.45ha, the building extending 15m beyond the previously approved reconstructed building and the site extending 25m beyond the previously approved site. b) The current proposal would create a total of five dwellinghouses at North Lodge whereas the previously approved scheme only had four dwellinghouses. It is considered that these differences plus the reinforcement of national and Development Plan greenbelt policy after the previous grant of permission means that it is reasonable to come to different view concerning the current planning application.
8.11 Design and Layout: The rural themed design of the buildings is interesting and considered to be acceptable at this location. The layout has echoes of the former U shaped courtyard with the proposed buildings being at right angles, linked to one another and linked to the existing building. This creates an unusual layout which has some shortcomings for garden sizes and the overlooking of gardens. It is not, however, considered that these shortcomings are overriding issues. The acceptability of the design is not sufficient, however, to overcome the fundamental policy and rural amenity objections to the proposal.
9. Conclusions
9.1 The proposal to construct two dwellinghouses at this location is contrary to green belt policy and will adversely affect the local rural amenity. It is recommended that planning permission be refused. Application No: Proposed Development:
N/09101407/FUL Change of Use from Shop to Hot Food Takeaway Unit Site Address:
1 Broomknoll Street Airdrie ML6 6BN
Date Registered:
24th December 2009
Applicant: Agent: Saveco Properties Ltd Saveco Properties Ltd 95 Forrest Street 95 Forrest Street Airdrie Airdrie ML6 7AE ML6 7AE
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 008 Airdrie Central No letters of representation received. George Devine, James Logue, David Stocks
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed hot-food takeaway is considered to be acceptable as it brings a vacant unit back into use without any unreasonable impact upon the town centre.
Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority or covered by planning conditions, the development shall be implemented in accordance with drawing numbers: - L (1)OOl Rev 01 L (1)OOl.
Reason: To clarify the drawings on which this approval of permission is founded.
3 That before the development hereby permitted starts, details of an amended flue rising to one metre above eaves level (or such other scheme as may be approved in writing by the Planning Authority) shall be submitted to, and approved in writing by the Planning Authority; thereafter the approved flue shall be installed prior to the hot food unit being brought into use.
29 0 m Reason: In the interests of the amenity of upstairs residents and other local town centre users.
4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006
5. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006
Backnround Papers:
Representation Letters
Consultation Responses:
Protective Services (including Pollution Control) received 13Ih January 201 0.
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475
Report Date:
19'h January 201 0
31 APPLICATION NO. N/09/01407/FUL
REPORT
1. Site Description
1.I The application is for change of use of shop to hot food take away unit at 1 Broomknoll Street, Airdrie. The site is located within Airdrie Town Centre Conservation Area and is surrounded by a mix of retail and commercial properties. The property is a pre 1920’s 3 storey building which mainly fronts onto Graham Street. The first floor is currently occupied by the sandwich chain Subway (accessed directly from Graham Street) with residential properties on the upper floor and commercial premises above the sandwich bar. This unit is located in the basement of the building (when viewed from Graham Street), with it being accessed from Broomknoll Street at street level, Surrounding properties generally have a retail unit on the ground floor with storage or ancillary office accommodation above.
2. Proposed Development
2.1 This application seeks permission for the change of a Class 1 shop to a hot-food takeaway at 1 Broomknoll Street, Airdrie.
3. Site Histow
3.1 None relevant.
4. Development Plan
4.1 The application raises no strategic issues and can therefore be assessed under Local Plan policies.
4.2 The property is designated as COM3 (Maintain Retail Core Area) and ENV 15 (Conservation Area) in the Monklands District Local Plan 1991.
5.
5.1 A summary of comments from consultees is as follows:
Pollution Control: Advice is provided on ventilation, flues, noise and construction activity.
6. Representations
6.1 Following standard neighbour notification procedures and public advertisement no letters of representation were received.
7. Planninn Assessment
7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
7.2 DeveloDment Plan Monkland District local Plan 1997: The site is located within the Retail Core Area of Airdrie where policy COM 3 resists any changes of use out of Class 1 (Retail). The shop is currently vacant with neighbouring shops adjacent to and opposite remaining in use. The town centre policies in the adopted plan were put in place to protect the retail importance of the town centres. The proposal is therefore considered contrary to policy COM3.
7.3 Policy COMlO (Hot Food ShopslRestaurants) states that an external ventilation duct
32 is required where conventional ovens/fryers are proposed. The applicants have included this as part of the application, although it is noted that, as shown on plan, it does not fulfil the Protective Services guideline that it rises above eaves level. A recommended planning condition requires that amended plans be submitted for a flue rising above eaves level. It is noted that if there is any statutory nuisance this can be addressed through separate legislation.
7.4 Policy ENV 15 (Conservation Area) notes the location of the property within the Victoria and Town Centre Conservation Area. The pre-amble to this policy emphasises the importance of bringing vacant properties back into use. The proposed development is, therefore, in accordance with this policy.
7.5 Finalised First Amendment to the Monklands District Local Plan 1991: This Amendment has not been formalised as part of the Adopted Local Plan but represents ongoing Council guidance. First alteration policy C (iii) acknowledges the difficulty in achieving the goal of the original COM3 policy and promotes a less rigid policy for enhancing the retail core. This alteration provides a target of no less than 80% of the town centre being retained for retail (Class 1) while allowing other use classes to be introduced into the town centre. Therefore, there is an attempt to encourage flexibility within the town centre and allow a mixture of uses. This application embraces this flexibility in a manner that would not adversely affect the town centre as a whole. Although it is adjudged that there is already less than 80% of town centre units in retail use it is considered that the proposed hot food take away unit is broadly supported by this policy of widening the range of town centre uses..
7.6 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan. The Finalised Draft North Lanarkshire Local Plan is a material consideration. This area is designated as town centre and is covered by policy RTCIA (Protecting the North Lanarkshire Centre Network (Town Centres). Policy RTC3B (Bad Neighbour Development) is also of relevance. Policy RTCIA states that classes 1, 2, 3, 4, 7, 8, 9, 10 and 11 are acceptable within the designated town centre. Given the more diverse range of uses, it is considered that the proposed hot food take away unit (Sui Generis), while not strictly in accordance with the list of identified uses, does represents a use which is generally acceptable in town centres. Policy RTC3B states that planning permission will only be granted for potential “Bad Neighbour” developments where it can be demonstrated that amenity would not be adversely affected. In this respect it should be noted that there are already several other units of a similar nature within the town centre including a sandwich outlet (not strictly a hot food outlet) within the same building. Due to this, it is considered that the amenity of the surrounding area would not be unacceptably affected as the use is already established elsewhere. In terms of a cumulative impact the addition of another such unit, particularly at this location, is also not considered to create a significant negative impact on the town centre as a whole or on the residential flats three stories above (a recommended planning condition requires that amended flue details be submitted). These policies are more flexible in relation to suitable land uses within town centres and are more consistent with planning policy expressed by the Scottish Government as covered by PAN 59 and SPP 8 (Town Centres and Retailing) which highlight the need for a variety of shops and services within town centres. The Finalised Draft North Lanarkshire Local Plan therefore offers support for this development.
7.7 Vitality and Viability of Airdrie Town Centre: The proposal will aid the health and vitality of Airdrie town centre by bringing an appropriate use to a currently vacant unit. It is noted that there are residential flats on the upper floor of the building but it is not considered that there will be any unacceptable loss of residential amenity due to the intervening sandwich bar and commercial uses.
7.8 Consultations: The advice of Protective Services is noted concerning the flue and a relevant planning condition is recommended. Any resulting nuisance can be dealt with under environmental health legislation.
33 8. Conclusions
8.1 It is considered that the proposed hot food take away unit is contrary to the terms of Policy COM3 (Maintain Retail Core Area) of the Monklands District Local Plan 1991. However in this instance the benefits to the vitality and viability of the town centre and the more flexible emerging policy outweigh the development plan policy for this area. It is therefore recommended that permission is granted subject to conditions.
34 Application No: Proposed Development:
N10910 14 I3/FU L Change of Use From Part Farm to Storage of Caravans (In Retrospect) Site Address:
Riggend Farm Stirling Road Rigg e nd Ai rdrie ML6 7SS
Date Registered:
11th December 2009
Applicant: Agent: Mr & Mrs Felix Brown Arthur Ellams Riggend Farm 67 Fergus Drive Stirling Road Glasgow Airdrie G20 6AH ML6 7SS Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 007 Airdrie North No letters of representation Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan,
Recommendation: Grant
Reasoned Justification : The seasonal storage of touring caravans is considered to be a generally acceptable means of diversification of rural based operations and is seen as acceptable within this Green Belt location.
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: - DRG No 01 Dec'O9 & DRG No 02 Dec'O9.
Reason: To clarify the drawings on which this approval of permission is founded
2 That before any further works start on site and within 2 months of the date of this permission, whichever is the earlier, a natural looking woodland screening tree planting scheme (minimum 5m wide) incorporating details of the location, number, variety and size of trees and shrubs to be planted shall be submitted for the written approval of the Planning Authority.
35 r
36 Reason: In the interests of amenity by providing screening for the caravans.
That the scheme approved under the terms of Condition 2 above, shall be implemented by December 2010 and any tree or shrub which is removed, damaged, or becomes diseased within two years of planting, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity by providing screening for the caravans.
That the proposed caravan parking area shall be used for the storage of unoccupied touring caravans only and for no other use without the prior written approval of the Planning Authority.
Reason: To define the use of the land.
That, for the avoidance of doubt the proposed vehicular point of access for the development will be from Old Biggar Road shown on the approved plans. DRG No 01 Dec’O9
Reason: To define the permission and in the interest of traffic safety.
That the existing vehicular access from Stirling Road (A73) shall be permanently closed off to all vehicular traffic. The access shall be closed off by post and wire fencing and the existing road up to the farmhouse shall be grassed over by means of either grass seeding or turfing before any further works start on site and within 3 months of the date of this permission, whichever is the earlier.
Reason: In the interests of traffic safety.
That the following alterations to the existing access track shall be carried out prior to the existing A73 Stirling Road access being closed off (before any further works start on site and within 3 months of the date of this permission, whichever is the earlier).
A minimum visibility splay of 4.5m by 90m shall be maintained at the junction of the access track with Old Biggar Road, unless otherwise agreed in writing by the Planning Authority. The first 15 metres of the access shall be widened to 5.5 metres wide and surfaced in an impervious material to be approved by the Planning Authority Any gates shall be set back a minimum distance of 8 m from the junction with Old Bigger Road
Reason: In the interests of traffic safety.
Background Papers:
Consultation Responses:
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 6 16475
Re ort Date: 19‘R January 2010
37 APPLICATION NO. C/09/01413/FUL
REPORT
1. Site Description
1.1 The application is in retrospect for the storage of caravans at Riggend Farm, Riggend, by Airdrie. The application site measures 0.34 hectares and comprises an area of flat land which previously formed part of Riggend Farm. The site is located within a predominantly rural area and is bounded to the north by the cluster of farm buildings forming Riggend Farm, to the south by open fields, to the east by open fields and Old Biggar Road beyond and to the west by open land and the (A73) Stirling Road beyond.
2. Proposed DeveloDment
2.1 The proposal retrospectively seeks to regularise the use of farm land as a caravan storage area. This area currently allows for the open storage of 40 caravans. The proposal will be accessed via Old Biggar Road along an existing shared access with Riggend Farm. The access onto Stirling Road will be closed.
3. Site Histow
3.1 The following previous application is relevant to the current proposal.
05/02045/FUL Erection of "Granny Annex" Extension to Existing Dwellinghouse granted 27'h June 2006.
4. Development Plan
4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. The site is covered by Policies GBI (Restrict Development in Green Belt) and LIl/l(High Quality Landscape) in the Monklands District Local Plan 1991.
5. Consultations
5.1 A summary of comments from consultees is as follows:
Traffic and Transportation:
6. Remesentations
6.1 No letters of representation were received following the standard neighbour notification process and publication of the proposal on the weekly list and local press.
7. Plannina Assessment
7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
7.2 Development Plan Monklands District Local Plan 1991: The Development Plan consists of the Monklands District Local Plan 1991. Relevant policies are as follows.
7.3 Policy GBI (Green Belt) states that no development will be permitted except for new houses for full time workers in agriculture or forestry; non residential developments in connection with agriculture or forestry and uses requiring a rural location. However, the storage of touring caravans is generally considered to be an acceptable means of
38 diversification of rural based operations and is often seen as acceptable within the Green Belt. This form of use is difficult to locate within the urban area and there are currently other examples of caravan storage areas in Green Belt locations. It is noted that land some 900 metres to the north of the application site (at Whinrigg Farm, Riggend) currently operates as a caravan storage area, as a result of planning permissions 95/05389/COU and C/05/00073/FUL. It is considered that the proposed caravan storage area is technically contrary to the Green Belt policy as it is not directly connected to agriculture etc. It is, however, a common rural diversification activity with it being noted that the need for large areas of space means that it is not normally appropriate to an urban area.
7.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan. The zoning of the site does not change in this plan and the development is therefore considered to be contrary to policy NBE3 A (Green Belt) but nevertheless acceptable for reasons explained in paragraph 7.3.
7.5 Established Caravan Storage Development: This proposal represents a continuation of a type of development which is normally located in a rural area due to the need for large areas. It is a continuation of an established practice set at the nearby Whinrigg Farm. Notwithstanding the high quality landscape local plan identification it is considered that this is a relatively undistinguished site located between two roads which will not be significantly adversely affected by caravan storage. Screen landscaping will help mitigate the visual impact of the caravans.
8. Conclusions
8.1 It is considered that the seasonal storage of touring caravans is an acceptable means of diversification of rural based operations. It is therefore recommended that the proposal is approved in retrospect subject to conditions.
39 Application No: Proposed Development:
N/09/01425/FUL Formation of Outdoor Seated Eating Area (In Retrospect)
Site Address:
100 Main Street Coatbridge ML5 3BQ
Date Registered:
15th December 2009
Applicant: Agent: Mr Graham Spence N/A Baguette Express 100 Main Street Coatbridge ML5 3BQ
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 006 Coatbridge North And Glenboig No letters of representation received. Anthony Clarke, Martin McWilliams, William Shields, Peter Sullivan
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The outdoor seating area enhances the vitality and viability of Coatbridge Town Centre.
40 41 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 Block Plan drawing.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That the ancillary outdoor seated eating area hereby approved relates only to the area outlined red on the approved plan; the seating area and the shop unit remains Class 1 (including ancillary seating) in terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997).
Reason: To clarify the terms of this consent.
3 That the tables, chairs and other ancillary outdoor moveable structures covered by this permission shall be moved inside the adjacent associated premises outwith trading hours.
Reason: In order not to potentially adversely affect late evening and night time safety and wellbeing.
Backnround Papers:
Consultation Responses:
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 6 16475
Report Date:
19th January 2010
42 APPLICATION NO. N1091014251FUL
REPORT
1. Site Description
1.I The application is in retrospect for an outdoor seated eating area at the sandwich bar at 100 Main Street, Coatbridge. The site is located on the pedestrianised area within Coatbridge Town Centre on the south side of Main Street and is surrounded by a mix of retail and commercial properties. The property itself is a modern two storey building and the ground floor is currently occupied by a sandwich bar. Surrounding properties generally have a retail unit on the ground floor with storage or ancillary office accommodation above.
2. Proposed Development
2.1 This application seeks retrospective permission for the formation of an four square metre outdoor seating area at 100 Main Street, Coatbridge. The outdoor seating area is positioned under an overhang directly to the front of the sandwich bar on the pedestrianised Main Street. The seating area consists of 2 small circular aluminium tables and 6 chairs. There is an enclosure defining the area and the tables and seats are moveable.
3. Site Historv
3.1 Planning Application C/06/01132/FUL for the Formation of Outdoor Seating Area at 104 Main Street was refused 6'h November 2006 as being contrary to the Local Plan retail policy and adversely affecting the vitality and viability of the town centre.
4. Development Plan
4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
4.2 The property is designated as COM3 Maintain Retail Core Area in the Monklands District Local Plan 1991.
5. Consultations
5.1 No consultation comments have been received
6. Representations
6.1 Following standard neighbour notification procedures and public advertisement no letters of representation have been received.
7. Plann inn Assessment
7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
7.2 DeveloDment Plan Monklands District Local Plan 1991: The site is located within the Retail Core Area of Coatbridge where policy COM 3 seeks to encourage retention of Class 1 use (retail). The shop is currently in use as a sandwich bar which is retail (Class 1). Policy COM3 aims to protect the success of the retail core through restricting alternative inappropriate uses. As such the policy is supportive of this small (4 square metres) seating area which is considered to be ancillary to the established retail use.
43 7.3 Finalised First Amendment to the Monklands District Local Plan 1991: This Amendment has not been formalised as part of the Adopted Local Plan but represents ongoing Council guidance. First alteration policy C (iii) acknowledges the difficulty in achieving the goal of the original COM3 policy and promotes a less rigid policy for enhancing the retail core. This alteration provides a target of no less than 80% of the town centre area being retained for retail (Class 1) while allowing other use classes to be introduced into the town centre. Therefore, there is an attempt to encourage flexibility within the town centre and allow a mixture of uses within the retail core area which this application embraces in a manner that would not adversely affect the town centre as a whole. The extension of existing retail sandwich shop to include an ancillary small seating element on the pedestrianised area of Main Street is broadly supported by this policy in principle.
7.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan. The Finalised Draft North Lanarkshire Local Plan 2008 is a material consideration. This area is designated as the town centre within this local plan and is covered by policy RTCIA (Protecting the North Lanarkshire Centre Network (Town Centres). Policy RTCIA states that classes 1, 2, 3, 4, 7, 8, 9, 10 and 11 are acceptable within the designated town centre. This includes eating establishments as well as retail units. This development would, therefore, accord with the policy designation within the emerging local plan. These policies are more flexible in relation to suitable land uses within town centres and are more consistent with Scottish Government Planning Policy (expressed through PAN 59. SPP 8 (Town Centres and Retailing)) which stress that there is a need for a variety of shops and services within town centres. In this case the shop will remain as Class 1 with a limited outdoor seated eating area being controlled by planning condition. The Finalised Draft North Lanarkshire Local Plan is, therefore, favourable towards this development.
7.5 Vitality and Viability of Coatbridge Town Centre: The outdoor seated eating area is a daytime use enhancing the town centre by attracting people into the pedestrian core area. It takes advantage of the canopy overhang which gives some protection to users of the eating area. It brings welcome activity and variety to this section of the town centre without significantly detracting from the general ability of town centre users to easily access other units. In this respect it is noted that there is a minimum of 5m of available remaining pavement width, including a reduced area below the overhang.
7.6 Planning Hisfory. The most recent application for a nearby outdoor seated eating area (C/06/01132/FUL for the Formation of Outdoor Seating Area at 104 Main Street) was refused in 2006 as being contrary to the Local Plan retail policy and adversely affecting the vitality and viability of the town centre. This previous proposal was, however, significantly larger (six tables) than the current proposal (two tables) and, as such, was considered to be an attached Food and Drink (Class 3) planning unit rather than being ancillary to the existing retail use. It was consequentially considered to be contrary to the Local Plan and to potentially adversely affect the retail importance of the town centre. The current proposal is smaller and is regarded as an acceptable extension of the shop use. There is also now emerging policy support for this type of activity, with the benefits to town centres being recognised.
8. Conclusions
8.1 It is considered that the outdoor seated eating area is ancillary to the existing shop unit, is supported by existing and emerging Local Plan policies and will benefit the vitality and viability of the town centre. It is therefore recommended that permission is granted subject to conditions.
44 Application No: Proposed Development:
C/09/01165/FUL Erection of Barn for Bull Breeding Station (in Retrospect) and Erection of Dwellinghouse
Site Address:
Knowhead Farm Craigens Road Moffat Mills North Lanarkshire
Date Registered:
22nd October 2009
Applicant: Agent: Mr Tom Muirhead NIA Knowhead Farm Chapelhall Airdrie Lanarkshire
Application Level: Contrary to Development Plan: Local No
Ward: Representations: 01 1 Airdrie South No letter(s) of representation received. Michael Coyle, Thomas Curley, David Fagan, John Love,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed application is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies contained in the Monklands District Local Plan 1991 and of the Finalised Draft North Lanarkshire Local Plan. The development can be accommodated within the site without detriment to the surrounding Green Belt location.
Legal Agreement:
The applicant is required to enter into an Agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 in respect of restricting the occupancy of the residential accommodation to a person employed full time on the agricultural holding and restricting the separate sale of any associated land.
45 Planning Application No U09101 1651FUL SIb.,"L*.+ ..,rC.IICI -%.,,,dwc .*I_x Erection of Barn for Bull Breeding Station and ..I.."I.,..., Erection of Dwel I in ghou se zz*r--m-,".CY.Im..I.- -.-...w-.- Ird.*-I.ru.*r.",*-,-.-.a?&- ki: =g,s'.*# - Knowhead Farm, Craigens Road, Moffat Mills, Airdrie K NnmScl,c +-
46 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That 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.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
5. 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 and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment: A Guide for Scotland’ and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
47 7. 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.
8. That any remediation works identified by the site investigation required in terms of Condition 7, 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.
9. That within one month of the dwellinghouse hereby approved being occupied the existing temporary accommodation shall be permanently removed from the site.
Reason: To comply with Green Belt policy.
10. That before the dwellinghouse hereby approved is occupied the existing vehicular access to the application site shall be improved to basecourse standard and shall incorporate a 3.5m wide access with passing places Ilm long and 3m wide with 45 degrees tapers at 70M centres on alternative sides along the access.
Reason: To provide suitable access arrangements in the interest of traffic safety.
11. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on the 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. For clarity the roofing materials shall be natural slate or similar.
Reason: To enable the Planning Authority to consider these aspects in detail and to reflect the rural situation of the development.
48 Backnround PaDers:
Representation Letters
None received
Consultation Responses:
British Gas SP Energy Networks Finance & Customer Services Protective Services
Contact Information:
Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382
Report Date:
14'h January 2009
49 APPLICATION NO. C1091011651FUL
REPORT
1. Site Descrbtion
1.I The application site is located to the east of Airdrie and directly south of the lnverhouse Distillery at Moffat Mills. The site is addressed as Knowhead Farm and comprises of some 10.12 ha of pasture and rough grazing. The centre of the site was formerly a disused and restored mining waste tip on which a large steel barn and a temporary residential structure have been constructed. The site also currently accommodates a large compound containing a number of Bulls. Some scrap vehicles are parked throughout the site. The site is accessed via a new private road connecting onto Roughrigg Road which is located to the north of the site.
2. Proposed Develonment
2.1 The proposal seeks permission for the construction of a permanent dwellinghouse together with retrospective permission for the existing large steel constructed barn which are both for use in association with the established Bull Breeding operation on site.
2.2 The dwellinghouse will be an “L shaped bungalow type structure to be sited in a similar position as the existing temporary structure. Internally the new build will accommodate a Lounge, Dining Area, Kitchen, Bathroom, Study and 3 Bedrooms (one with en-suite).Externally the dwelling will be finished in render with stone quoins and concrete roof tiles.
2.3 The barn measures 20m by 24m, is constructed of steel panelling with a pitch roof (to a height of approx.13 metres) and large double doorway with roller shutter on its northern elevation. The purpose of the Barn is for animal feed and secure shelter for Bulls.
3. Amlicant’s Sumortina Information
3.1 The applicant has submitted a Business Statement with Cash Flow and Account Projections for the 3 years to 2012 to demonstrate that the business is viable and sustainable.
3.2 A Labour Requirement report by the Scottish Agricultural College was also submitted and this concluded that the business involved the management and care of breeding bulls which requires regular supervision. Based on the “Standard Labour Requirement Data” the calculated labour requirement is 1.2 labour units based on one person engaged full time in agricultural and associated activity at Knowhead Farm.
4. Site History
Previous relevant planning application relating to this site is as follows:-
C/03/00594/OUT - Temporary Dwellinghouse in Association with Small Holding - Granted 16‘h March 2005 following completion of Section 75 Agreement restricting use of temporary residential accommodation to person employed full time on Knowhead Farm.
50 5. Development Plan
5.1 The relevant development plan is the Approved Glasgow and Clyde Valley Joint Structure Plan 2000 Incorporating the Fourth Alteration 2008 and the Adopted Monklands Local Plan 1991.
5.2 Strategic Policy 1 of the Glasgow and Clyde Valley Joint Structure Plan 2000 Incorporating the Fourth Alteration 2008 requires the continued safeguarding of the Greenbelt and presumes against the spread of built up areas and the encroachment of development into the countryside.
5.3 The site is covered by Policies GB1 (Restrict Development in Green Belt) and LI1/3(Medium Quality Landscape) in the Monklands District Local Plan 1991.
6. Consultations
6.1 The Transportation Section has offered no objections to this proposal subject to improvements to the existing private access road.
6.2 Protective Services requires the submission of a detailed ground investigation report to determine the presence of any contamination resulting from past usage of the site.
6.3 Finance & Customer Services has advised that while they cannot comment on the reasonableness of the financial figures submitted in terms of sales and costs, those figures presented on the balance sheets i.e. cash flow, profit and loss include everything expected to see in them. While the figures show no depreciation in the premises as would be expected, this would only reduce the profit figure slightly as would also be the case if the dwelling is for business purposes.
6.4 Scottish Gas offered no objection to this proposal. Scottish Power did not respond.
7.
7.1 No letters of representation received.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance the proposal is not of any strategic significance and should therefore be considered against the relevant planning policies of the Local Plan in terms of compliance with Green Belt policy.
8.2 The application site is located within the designated Greenbelt in terms of the Monklands District Local Plan 1991 where, under Policy GB1, there is a presumption against any development not directly associated with green belt uses. The policy does allow for new housing for full time workers in connection with forestry or agriculture.
51 8.3 By decision notice dated 16‘h March 2005 planning permission C/03/00594/OUT was granted, in outline, on this same site for the erection of a “temporary dwellinghouse in association with a small holding” at Knowhead Farm. That proposal included the erection of a temporary dwelling as part of a new bull breading business primarily for security and full time supervision of animals. The residential element of that proposed development was supported by the Scottish Agricultural College and the applicant agreed to enter into a section 75 Agreement tying the proposed temporary dwelling to the new commercial enterprise (bull breading). Planning permission was subsequently issued following the signing of the Section 75 Agreement with a condition on the consent notice (n0.5) limiting the presence on site of the temporary residential accommodation for 3 years.
8.4 The current application is for the erection of a permanent dwellinghouse for use by an agricultural worker primarily in line with the previous outline planning permission and Section 75 Agreement. An updated supporting document from the Scottish Agricultural College confirms that the current bull breading operation involving 10.12 ha of pasture and rough grazing together with 25 bulls (10 adults at stud, 5 young and 10 others) has a labour requirement of 1.2 labour units, thus justifying a full time agricultural worker/presence on site, A financial statement submitted by the applicant has indicated a continued and improved viability of the business for the 3 year period until 2012. The applicant is agreeable to restricting the new dwellinghouse to a person employed in Knowhead Farm in a similar fashion to the requirement of the outline planning permission.
8.5 Consent is also being sought, in retrospect, for the large barn that was erected recently on site and which is currently being used for animal feed storage and the housing of animals.
8.6 In terms of design, site layout and external treatment the proposals (dwelling and barn) are acceptable. The proposed siting of the dwellinghouse is in line with the location identified in the original outline consent and the requirements of the Transportation Section in terms of improved access road details would be conditioned on any consent. Taken that the dwellinghouse requires to be tied directly to the bull breading operations on Knowhead Farm, then this can be achieved through a Section 75 Agreement.
9. Conclusions
9.1 Having regard to the foregoing I therefore consider the proposal acceptable both in policy and design terms and recommend that planning permission be granted subject to the stated conditions. If granted the planning consent will not be issued until the Section 75 Agreement has been concluded.
52 Application No: Proposed Development:
C1091012431FUL Change of Use from a Vacant Retail Unit to Fast Food Outlet
Site Address:
48 Woodside Street Kirkwood Coatbridge North Lanarkshire ML5 5NJ
Date Registered:
16th November 2009
Applicant: Agent: Mr Navid Gafoor NIA 13 Centenary Crescent Bellshill ML4 IBZ Application Level: Contrary to Development Plan: Local No
Ward: Representations: 009 Coatbridge West 4 letter(s) of representation received including a James Smith, Thomas Maginnis, Paul petition containing 510 signatures. Welsh,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development is considered to accord with the development plan as it generally accords with the relevant policies contained within the adopted Monklands District Local Plan 1991 in terms of the protection of the amenity of this location.
53 Planning Application No C/O9/0 1243/FUL
=wT*----iz?%.*d Change of Use from a Vacant Retail Unit to Fast Food Consent .*_-x ".,...... I.." zJ2rp.=.k%wT 48 Woodside Street, ffirkwood, Coatbridge --....-.."-w-.",z~,*%b%ezA.. :-a =gczr.=# I 3 Representations Received including Petition with 500 Signatures Nxm Scr,p
54 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
3. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
4. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 01.
Reason: To clarify the drawings on which this approval of permission is founded.
5. That BEFORE the hot food take-away is brought into use the external flue as shown on the approved plans shall be fully installed. For the avoidance of doubt the flue shall terminate a minimum 1 metre above the eaves level of the roof of the building.
Reason: To safeguard the amenity of the surrounding area.
55 Backnround PaPers:
Representation Letters
Letter from Carlo Alomai & Signatories, 47 Loch Brora Crescent, Coatbridge, North Lanarkshire, ML5 1EQ received 4th December 2009.
Letter from Mr William Hogg, 6 Woodside Street, Kirkwood, Coatbridge, North Lanarkshire, ML5 5NJ received gth December 2009.
Letter from Thomas Slavin, 21 Allan Street, Coatbridge, ML5 5RA received 3rdDecember 2009
Letter from Catherine & Thomas Slavin, 19 Allan Street, Coatbridge, ML5 5RA received 3rd December 2009
Consultation Responses:
Contact Information:
Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382
Report Date:
21 st December 2009
56 APPLICATION NO. C/09/01243/FUL
REPORT
1. Site Description
1.1 The subjects are located on the west side of Woodside Street, Coatbridge within the Kirkwood area. The application property is a mid terraced ground floor retail unit which is located in a row of ground floor retail units set within a three storey building with flatted residential accommodation located above at first and second floor level. The vacant unit is set between a caf6 and an NLC Housing “First Stop Shop” while the adjacent units comprise a pharmacy, tanning salon, newsagents and a fish & chip shop.
1.2 The subject property is located within a parade of ground floor shops addressed as 44 to 60E Woodside Street which are all owned by and leased by the Property Services Section. The flatted property directly above the application property is owned by and tenanted by the Housing & Property Services Section.
2. Proposed DeveloDment
2.1 The proposal involves the change of use of the vacant retail unit to a hot food carry out which would involve the installation of a ventilation flue on the rear elevation of the building. Internally the unit will be laid out to provide a frontage public area with seating, a service area and a large rear preparation and kitchen area. No physical alterations are proposed to the frontage of the unit.
3. Applicant’s Supportinn Information
3.1 No supporting information was submitted by the applicant.
4. Site Historv
4.1 None
5. Development Plan
5.1 The site is covered by policies COM 5 (Local Shopping Areas) and COM7/4 (Upgrade Shopping Centres) in the adopted Monklands District Local Plan 1991.
6. Consultations
6.1 The Transportation Section has offered no objection to the proposals. The Protective Services Section has also offered no objection to the proposal subject to the following: a. All cooking smells, noxious fumes or vapours shall be disposed of by means of an external flue terminating 1 metre above the eaves level of the building and which is provided in conjunction with the trunking for the extraction of cooking smells, noxious fumes or vapours from the cooking range. b. All mechanical ventilation and/or air conditioning plant shall be suitably isolated from the structure of the building. Fan units positioned in a ducted system shall be isolated from the ducting by means of flexible connections. c. Noise associated with the development shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive building.
6.2 The Housing and Property Services Department has offered no objection to the fixing of the proposed external ventilation flue onto the rear elevation of the adjoining flatted dwellinghouse which is in Council ownership and currently tenanted.
57 7. Remesentations
7.1 Following the standard neighbour notification and public advertisement process 4 letters of representation were received including a petition containing 510 signatures. The relevant points of objection are detailed as follows: a. There are a sufficient number of fast food outlets in the area around Woodside Street. b. The proposal will introduce an increase in pollution i.e. Noise and smell and litter (which attracts rats) within an area with small children living above. c. The unit would best be retained as a shop unit or alternatively used by NLC for advicelinformation purposes. d. The proposed use would encourage youths to congregate and cause anti-social behaviour. e. The proposal would affect the value of and make it impossible to re-mortgage the flatted properties located above.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance the proposal is not of any strategic significance and should therefore be considered against the relevant development plan policies policies.
8.2 In terms of the Monklands District Local Plan 1991 the site is located within an area covered by policy ECON 5: Local Shopping Areas where shopping and related uses will be supported (Classes 1 and 2). Taken that an adjoining unit currently operates as a Caf6 and an adjacent unit have been operating for some time as carry out premises (Fish & Chip Shop) then the principle of ground floor Class 3 use (Caf6) and a Sui Generis use (Hot Food Carry Out) at this location has already been established. Having regard to this then policy COM 10 (Hot Food Shops/Restaurants) must also be considered relevant to this proposal. The shop fronts onto Kirkwood Street, where there are a number of adjacent commercial premises open during the day and during the evening. Furthermore, the presence of a canopy above the front of the premises and the road layout to the front of the shop (whereby the road is much higher than the parade of shops and is separated by a railing) it is considered that the presence and impact of any anti-social behaviour at this location would be limited in nature and extent. Given the above, it is considered that the proposal does not harm the amenity of this area and therefore complies with Local Plan policy COM 5.
8.3 Policy COM 10 (Hot Food Shops/Restaurants) states the requirements on external ventilation ducts where the use has been considered acceptable in relation to all other policies within the local plan. Taking into consideration the comments made from Protective Services on the proposed extraction flue arrangements the submission satisfies the terms as outlined in policy COM 10.
8.4 Having regard to the points of objection made (refer to Para. 7.1 above) my observations are as follows: a. The issue of demand or provision of use is not a relevant planning consideration. b. there is little evidence to suggest that the proposed use would cause any significant noise generation and the comments from Protective Services suggest that noise from the extraction systems could be controlled, both in terms of overall maximum output and the times of the day that noise generating machinery could be active. They have offered acceptable noise limits for specific times which can be controlled by the Protective Services section under separate legislation.
58 With regards to the likely impact of fumeslsmells emanating from the proposal on residential amenity, particularly from the hot food takeaway, concerns have been raised not only from objectors but also through policy COMIO and comments from Protective Services. Taking cognisance of the objections and consultation response and with regards to the proposed extraction method it is considered that the proposal to include an acceptable integrated flue system would unlikely adversely affect neighbouring properties. In this regard the proposal can be said to accord with policy COMl 0. Any problem with litter and associated vermin should be addressed by the Protective Services Section. c. Consideration can only be given to the current submission and not to other potential usages. d. By the nature of its usage Hot Food Carry Outs attract customers from outwith the immediate area although this is normally only short term. The design and location of the unit, which incorporates a section of terraced canopy along its frontage will, taken together with the presence of railings along the road frontage, deter anti-social behaviour and prevent any significant problems of amenity in this instance. Any issues such as youths congregating are best dealt with by the local police although an adjacent retail unit currently operated as a similar Hot Food Carry Out (Fish 81 Chip Shop). e. Issues such as market value are not relevant planning considerations.
8.5 The Finalised Draft North Lanarkshire Local Plan is a material consideration. This document contains similar policies to the adopted local plan in terms of protecting the local amenity and it is considered that the proposed development accords with the draft plan.
9. Conclusions
9.1 In conclusion it can be seen that the proposed development is in accordance with the relevant local plan policies as stated above and while it is acknowledged that there has been a significant number of objections to this proposal I do not consider that the specific points of objection merit the refusal of this application. It is therefore recommended that permission be granted subject to the proposed conditions.
59 Application No: Proposed Development:
S/09/00753/FUL Installation of a Passenger Lift Site Address:
Civic Theatre Windmillhill Street Motherwell MLI 1TW
Date Registered:
9th December 2009
Applicant: Agent: North Lanarkshire Council NLC - Design Services Buchanan Tower Philip Murray Road Cumbernauld Road Bellshill Stepps ML4 3PA G33 6HR Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 018 Motherwell South East And No letter(s) of representation received. Ravenscraig Kaye Harmon, Thomas Lunny, Linsey McKay, Alan Valentine,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed passenger lift is acceptable in principle and is appropriate in design, scale and materials and is in accordance with Policy CS2 Established Community Facilities of the Southern area Local Plan (2008).
60
Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- NO,A22, A22. A23 and A24.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. 4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
5. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining dwelling.
Reason: In the interests of the visual amenity of the area.
62 Backaround Papers:
No letters of representation received.
Consultation Responses:
Memo from Protective Services received 1lth January 2010
Contact Information:
Any person wishing to inspect these documents should contact Mr Andrew Henderson at 01698 274102
Report Date:
14th January 2010
63 Application No: Proposed Development:
S/09/00864/FUL Formation of Access Roundabout and Road Realignment Site Address:
New Roundabout Junction At Allershaw Road / Castlehill Road Gowkthrapple Wishaw North Lanarkshire
Date Registered:
31st July 2009
Applicant: Agent: North Lanarkshire Council Julian Farrar 2 Tryst Road 111 McDonald Road Fleming House Edinburgh Cumbernauld EH7 4NW G67 1JW Application Level: Contrary to Development Plan: Local No
Ward: Representations: 020 Wishaw No letter(s) of representation received. Clare Adamson, Samuel Love, Frank McKay, John Pentland,
Recommendation: Approve Subject to Conditions
Reasoned Justification: The proposed application is considered acceptable and meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed roundabout and road realignment will form an integral part of the redevelopment and regeneration of Gowkthrapple.
64 PLANNING APPLICATION No. OQ/O0864/FUL
Formation of Access Roundabout and Road Realignment
New Roundabout, Junction At Allershaw Road I Castlehill Road, GowMhrapple, Wishaw
65 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved plans.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That within 4 weeks of the development hereby permitted is brought into use, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To monitor the development, to enable the Planning Authority to retain effective control
5. 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 and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment: A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post- development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and approved in writing by the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 above; shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, and before the development is brought into use a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution
7. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.
Reason: To ensure the provision of satisfactory site infrastructure.
66 8. That before development starts, details of any bus stops that require to be relocated within the vicinity of the new roundabout shall be submitted to and approved in writing by the Planning Authority in consultation with SPT and shall be implemented prior development starting on site.
Reason: To ensure the provision of adequate bus stops in the area.
Backnround Papers:
Representation Letters
None
Consultation Responses:
Scottish Environment Protection Agency Scottish Water British Gas SP Energy Networks Director of Policy And Strategy Rodney Mortimer
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01698 274106
Report Date:
1lth January 2010
67 APPLICATION NO. S1091008641FUL
REPORT
1. Site Description
1.1 The application site is at the junction of Allershaw RoadlCastlehill Road. The application site is bounded by public open space to the north-east and south-east and Council owned open space incorporating a wooded area to the north-west and south- west. The area for the new roundabout encroaches onto Council owned amenity public open space to the East and onto Council owned wooded area to the West.
2. Proposed Development
2.1 Planning permission is sought for the formation of a new access roundabout and distributor road alignment to serve the Gowkthrapple Masterplan Area. The roundabout is part of a proposal to renew site infrastructure to allow for greater site integration and to help with traffic flow in the general area.
3. Applicant’s Sumortina Information
3.1 The applicant submitted a Supporting Statement and a Ground Investigation Report.
4. Site Historv
4.1 No site history, however, the Gowkthrapple Regeneration Masterplan was submitted for approval in July 2009 and directly relates to the proposed roundabout in respect of upgrading the main access into the regeneration area.
5. Development Plan
5.1 Part of the site is covered by a Private Housing Development Opportunity (HSG 2), a small part of the site is located with the current Gowkthrapple residential area (HSG 8) and a small part falls within an area allocated as Protected Open Space (L3) in the Southern Area Local Plan 2008.
6. Consultations
6.1 Traffic and Transportation, Protective Services and SEPA have advised that they have no objections to the proposed development.
6.2 Geotechnical have advised that they have no objections but with have indicated that further information will be required to assess the drainage proposals for the site. , They have also advised that they are satisfied with the findings of the Ground Investigation Report.
6.3 SPT have noted that there are bus stops in the vicinity of the new roundabout, one of them will require to be moved.
6.4 Scotland Gas Networks have no objections but have intimated the presence of their apparatus in proximity of the proposed works.
7. Representations
7.1 No letters of representation received.
8. Plannlna Assessment
68 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 is not of strategic significance and therefore only requires to be assessed against the relevant Local Plan for this area.
Adopted Local Plan
8.2 Most of the additional land required for the roundabout is located within an area allocated as a Private Housing Development Opportunity where policy HSG 2 applies in the Southern Area Local Plan 2008. Part of the site is located within an Established Residential Area Policy where Policy HSG 8 applies. Part falls within an area of Protected Open Space where Policy L3 applies.
8.3 Policy HSG 2 states that, within the built up area, the Council will support the release of sites identified within the Proposals Map for private sector housing development. The proposed roundabout is partially within this area and will in fact facilitate access to this designated housing site once the land eventually realises its potential as a development opportunity. The proposal is also in accordance with Policy HSG 8 Established Residential Area Policy as it will in effect facilitate access to a proposed housing site and help in the regeneration and upgrading of the existing roads infrastructure within the Gowkthrapple regeneration area.
8.4 A small part of the roadworks is located within an area designated as Protected Open Space where Policy L3 applies. This policy seeks to protect from development formal and informal public, and private open space by resisting proposals which would adversely affect such spaces. In this instance it is considered that a very minor encroachment into this area by approximately 2 metres over a small length of road frontage. This is considered to be insignificant in terms of the impact on the area of open space.
8.5 Policy TR13 sets out criteria for the Council to consider when assessing applications for development, including traffic generation and the impact of the development on road traffic circulation and road safety. In this instance the Council are the applicant and have designed the roundabout and roadworks to coincide with the regeneration of Gowkthrapple and to facilitate access into adjacent land, should it be developed in the future.
Finalised Draft North Lanarkshire Local Plan
8.6 The Finalised draft North Lanarkshire Local Plan is a material consideration. As with the adopted Southern Area Local Plan, the proposed roundabout and roadworks fall within 3 different land use allocations. The only difference being that the north east section that was previously allocated as Protected Open Space (L3), is now allocated within an Existing Industrial and Business area. The previously Protected Open Space is now seen as being ancillary open space associated with the main industrial use ie Electricity Transfer Station. As with the adopted plan, the proposal is not considered to be in conflict with the emerging North Lanarkshire wide Local Plan.
9. Conclusions
9.1 It is concluded that, following a detailed assessment of the application, the proposed roundabout and road realignment is an acceptable and welcome proposal for the area. It will improve the current infrastructure at Gowkthrapple and form an integral part in the regeneration of the Gowkthrapple area and is a crucial element in upgrading the road network to an acceptable present day standard. There are no issues in terms of compliance with adopted and emerging local plans, it is therefore recommended that the application be granted subject to conditions.
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