Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Plann ing Ap p Iica t ions for consideration of Planning and Environment Committee

Committee Date : 1lth April 2001

AGENDA ITEM NO...... I

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

1 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11 APRIL 2001

Page No. Application No. Applicant DevelopmentlLocus Recommendation

5 N/OO/O 1 18 1/"ID North Lanarkshire Council Erection of School, Construction of Grant (P) Roundabout and Erection of Associated 15 Metre High Wind Turbine - Site to the South of Eastfield Road,

15 N/OO/O 1203/FUL Mr and Mrs Hamilton Amendments to Scheme to Extend Grant Dwelling Approved under Planning Permission N/00/00193/FUL - 79 Broomlands Road, Carbrain, Cumbernauld G67 2PT

21 N/OO/O1284/FUL Taywood Homes Ltd Residential Development (4 1 Dwellings) Grant (P) Land to South of Lochend Avenue, .

31 N/OO/O 1452/OUT Mr G Craig Erection of Dwelling (Outline) - Refuse 15 Balcastle Gardens, Kilsyth G65 9PE

36 N/O 1/OOO 14IADV House Hotel Erection of Illuminated and Non- Refuse Illuminated Advertisements (Retrospective Application) - Castlecary House Hotel, Castlecary Road, Castlecary, Cumbernauld G68 OHD

41 N/O1/00032/FUL Belhaven Pubs Division Erection of Conservatory Extension to Grant Public House and Formation of Play Area The Weavers, Airdrie Road, Condorrat, Cumbernauld G67 4DN

45 NI0 1/00083/OUT Tulloch Properties Limited Mixed Use Development Comprising Grant Class 1 (Retail), Class 3 (Food and Drink), Public House and Hot Food Take-Away 1-5 Greenfaulds Road, Carbrain, Cumbernauld

53 N/01/0011 l/OUT Carter Commercial Erection of Food Store (Outline) Refuse Developments Limited 1 Garrell Road, Kilsyth G65 9JX

' 60 N/O 1/00185/FUL Coilcraft Europe Ltd Construction of Car Park Grant 17-2 1 Napier Place, Wardpark North, Cumbernauld

65 N/O 1/00 19710UT John F Montgomery Erection of Dwelling (Outline) - Grant (P) Drumglass Farm, Croy, Kilsyth G65 9TP

70 N/O 1/00209/FUL Mr J Coia Erection of Domestic Garage Grant Elmbank, Castlecary Road, Castlecary, Cumbernauld G68 OHQ

74 N/01/0023 l/LUC Mr Craig McCallum Plant Nursery with Subsidiary Sale of Grant Plants and Small Ancillary Garden Goods (Application for Certificate of Lawful Use) - Auchengree Nursery, Lenzie Road, G33 6BZ

I:DATA\COMM2\WORD\PLA"ING\ll-apr.doc 2 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11 APRIL 2001

Page No. Application No. Applicant DeveIopmenffLocus Recommendation

79 C/OO/OO6OO/FUL Speyridge Ltd Erection of 1,495 sq m Class 4 Ofice , Grant Floorspace and 1,187 sq m Leisure Floorspace - British Reinforced Concrete, Coatbank Street,

85 C/OO/O 1044/OUT Mr And Mrs J McCrory Erection of Children's Nursery (In Outline) Grant Land to South of 2 Manse Road, Gartcosh Road, , Coatbridge

91 c/oo/o 1277FuL Mr Alan Porter Erection of Residential Development Grant (P) Comprising 17 No Dwellinghouses and Formation of Courtyard Area - Former Outdoor Pursuits Centre, Airdrie Road, , Airdrie

103 C/OO/O 1278FUL CNC LimtedRowan E.rection of Residential Development Grant (P) Group and Establishment of Community Woodland - Dalmacoulter, Dykehead Road, Airdrie

112 C/O 1/00036/OUT Craig Brothers Investments Erection of Residential Development (In Grant Outline) - The Old Mill, Aitken Street, Airdrie

117 ClO1/00067/FUL Asda Stores Ltd Installation of Power Fence System on Grant Top of Perimeter Wall - Asda Store, Main Street, Coatbridge

122 C/O 1/00086/FUL Mrs D Bany Replacement of Existing Roof Trims and Refuse Rainwater Goods - 3 Arthur Avenue ,Airdrie

126 C/01/00159/FUL Mr A Wood Erection of Pigeon Loft (In Retrospect) Refuse 47 Cornhill Drive, Coatbridge

13 1 C/O 110020 1/FUL Mr P Ferguson Part Change of Use of Dwellinghouse to Grant Car Hire Business with Ancillary Parking Area - Gracies Wynd, 36 Lauchope Street, , Airdrie

135 S/00/00280/OUT Lothian Investments Ltd Housing and SportsRecreation Refuse (P) Development following Re-instatement of Opencast Coal Site - Mossband Farm, Newhouse

146 S/OO/O 1441 /FUL Mr & Mrs Smith Extension to Dwellinghouse - Grant 33 Thorndene Avenue, ,

151 SI0 1/00043/FUL Mr & Mrs Fenton Extension to Dwellinghouse - Grant 183 Old Road, Uddingston

15.5 SI0 1/00058/FUL Mr J Campbell Siting of Hot Dog Cart - Refuse British Rail, Muir Street, Motherwell

1.58 S/O 1/00 122/AMD H J Banks & CO Ltd Amendment to Condition No 3 1 of Grant Planning Consent S/99/0 166 1/AMD to Allow Controlled Blasting - Watsonhead Opencast Site, Morningside Road, I:\DATA\COMM~\WORD\PLAN"G\~1-apr.doc J APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11 APRIL 2001

Page No. Application No. Applicant Developmen t/Locus Recommendation

170 s/o1 /oo 134EUL Alan Frame Extension to Dwellinghouse - Grant 107 Benhar Road,

174 S/01/00153/FUL Alistair Brogan Erection of 2.54 Metre Palisade Fence Grant and Siting of Portacabin - Bernard Brogan Ltd, Nethan Street Motherwell

177 S/01/00168EUL McLean Homes West Erection of 65 No DwelIings and Grant Ltd Ancillary Works - Land West of 1-13 Gilchrist Way, Dimsdale,

185 S/O 1/00202/ADV Mrs S Watson Erection of Illuminated Advertisement Grant Signs - 608 Old Edinburgh Road,

188 Si0 1/00225MID NLC Housing and Property Change of Use Housing Unit to Grant Services Community Building - 25-35 Fife Drive, Motherwell

(P) N/OO/O 11 8 1MID If approved refer to the Scottish Ministers (P) N/OO/O 1284RUL If approved refer to the Scottish Ministers and Section 75 Agreement required (P) N/O1/00197/OUT If approved Section 75 Agreement required (P) C/O0/01277/FUL If approved refer to the Scottish Ministers and Section 75 Agreement required (P) C/OO/O1278/OUT If approved refer to the Scottish Ministers and Section 75 Agreement required (P) S/00/00280/OUT If approved refer to the Scottish Ministers

I:DATA\COMM2\WORD\PLA"MG\I1 -apr.doc 4 Application No: N/OO/O1181/NID

Date Registered: 4th. October 2000

APPLICANT: DIRECTOR OF EDUCATION, NORTH LANARKSHIRE COUNCIL, KILDONAN STREET COATBRIDGE, ML5 3LN

Agent: Head of Design Services, North Lanarkshire Council, Philip Murray Road, ML4 3PA

DEVELOPMENT: ERECTION OF SCHOOL, CONSTRUCTION OF A ROUNDABOUT AND ERECTION OF ASSOCIATED 15 METRE HIGH WIND TURBINE

LOCATION: SITE TO THE SOUTH OF EASTFIELD ROAD, CUMBERNAULD

Ward No: 57 Grid: 274756 - 675964 File Reference: GL Site History: No recent site history - last use of land would have been agriculture

Development Plan: Zoned for Town Park in adopted Cumbemauld Local Plan

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: Transco; West of Scotland Water; The Coal Authority; Police and East of Scotland. No Reply: Community Services Conditions: SEPA

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: No response

COMMENTS: This application proposes the erection of a school, the formation of a roundabout and the erection of an associated 15 metre high wind turbine. Also, within the application site a potential location is identified for a pre-five facility. The site is zoned for a Town Park in the Adopted Cumbemauld Local Plan. The proposed development is contrary to the local plan however, it is considered that there are material considerations, which in this instance, justify setting aside the development plan. This matter is dealt with in more detail in the accompanying report.

No letters of objection have been received regarding the proposed development either as a result of the press advert or the consultation process.

It is considered that the proposed development will result in the provision of a valuable educational and community facility in a part of the Town where such facilities are presently lacking. Also, the 5 Prduoed by NORTH Department of Planning and Environment N1001011811N ID ,e Northern Division !.:: ''!I LANARKSHIRE Bron Way NLC EDUCATION DEPARTMENT ,.-,..-,;.yy COUNCIL CUMBERNAULD EASTFIELD ROAD 667 1DZ CUMBERNAULD Remtmm mS ordninca Sunq Mpplne Telephone 01236 618400 Fax. 01236 616420 Erection of School, Construction 6 1:eo00 u*prmbslmdu*~rdhaWghll A SUUDMW a rn mmm of Roundabout and Erection of Associated Unaumorilsdnpodvcdon In- Wmn mprrehl OS Ucenca LA M091L 15 Meter High Land Turbine acd mywb pmsnutbnoraMwo2eeding.. design of the building itself (and the associated wind turbine) will mean that the proposed school will become a landmark in this part of the Town. The location of such a community building on the periphery of the land identified for the Town Park presents an opportunity to open up this land and could prove to be a catalyst for the future development of the park as a recreational facility. Also, given the opportunity for a significant level of community use of the facility, it is not considered to be inconsistent with the aims and objectives of providing a Town Park in this location. Accordingly, it is recommended that planning permission is granted. It should be noted that if the Committee are minded to grant planning permission this application will need to be referred to the Scottish Ministers because the proposed development is contrary to the Local Plan and the Council owns the site.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That before the development hereby permitted starts, the roundabout on Eastfield Road as shown on the approved plans shall be formed in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason : In the interests of road safety.

3. That following the completion of the roundabout required by condition 2 above and prior to the commencement of construction work on the school building, the access road shown on the approved plans shall be formed to base course level and in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason : In the interests of road safety and to ensure the satisfactory provision of vehicular access to the site during construction of the school.

4. That before the development hereby permitted is completed, the access road shall be completed to a final wearing course level

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

5. That before the development hereby permitted is completed the new footpaths linking the site with the surrounding footpath network and as shown marked in yellow on the approved plans shall be formed in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason : To ensure that the school is linked to the existing footpath network within the surrounding residential areas.

7 6. That before the development hereby permitted is started, full details of the fence to be erected around the perimeter of the school shall be submitted to, and approved in writing, including any modifications as may be required by the Planning Authority.

Reason : In the interests of visual amenity.

7. That upon completion of the school the fence required by condition 6 above shall be erected in accordance with the details approved.

Reason : To ensure that the fence is erected in accordance with the approved details.

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

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

9. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as required, and it shall include:-

(a) details of any earth mounding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection during the course of the development, and (e) details of the phasing of these works.

Reason : In the interests of visual amenity.

10. That within one year of the completion of the development hereby permitted, all planting, seeding, turfing and earth mounding included in the scheme of landscaping and planting approved under condition 9 above, shall be completed and any trees, shrubs or area of grass which die are removed, damaged or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason : In the interests of visual amenity.

11. Notwithstanding the generalities of condition 9 above, the landscape scheme shall include full details on the proposals for the sculpting of the earth mounding shown on the approved plans that run along the southern and western boundaries of the site.

Reason : In the interests of visual amenity

12. That before the development hereby permitted starts, a management maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as required, and it shall include proposals for the continuing care and maintenance of all areas of landscaping approved under the terms of condition 9 above.

Reason : In the interests of visual amenity.

8 13. That before the completion of the development hereby permitted, the management and maintenance scheme approved under condition 12 above shall be in operation.

Reason : To safeguard the visual amenity of the area.

14. That before development starts a scheme of tree protection measures in accordance with British Standard 5837 shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason : To safeguard the visual amenity of the area.

15. That before development starts the tree protection measures approved in accordance with the terns of condition 14 above shall be implemented on site and shall not be removed without the approval in writing of the Planning Authority.

Reason : To safeguard the visual amenity of the area.

16. That the only means of vehicular access to the site both during the construction works and thereafter shall be by way of the access indicated on the approved plans.

Reason : In the interests of Road Safety.

17. As soon as is reasonably practicable at the end of each working day, or as may otherwise be required during the day, Eastfield Road shall be swept or otherwise cleared of mud or similar material, which has been carried out onto the surrounding road network by vehicles leaving the site during the construction of the development.

Reason : To prevent deleterious material being carried onto the road.

18. That from commencement of the development on site, construction work shall be restricted to the following hours:

7.30a.m to 7.00p.m Monday to Friday 8.00a.m to 1.OOp.m on Saturdays No working on Sundays or Public Holidays.

Reason : To safeguard the amenity of the adjoining residential areas.

19. That from commencement of the development on site, construction work shall conform to BS-5228, Noise from Construction and Open Sites.

Reason : To safeguard the amenity of the adjoining residential areas.

20. That before development starts, full details of the design and location of a surface water drainage system to be installed within the application site and, which, except as may otherwise be agreed in writing by the Planning Authority shall comply with SEPA’s principles of Sustainable Urban Drainage, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason : To ensure that the surface water drainage regime complies with the latest SEPA guidance.

9 2 1. That before the development hereby permitted is completed, all works approved under the terms of condition 20 above, shall be completed.

Reason : To ensure that the surface water drainage regime complies with the latest SEPA guidance.

22. That before the development hereby permitted starts a scheme detailing the following will be submitted and approved in writing by the Planning Authority, including any modifications as may be required:

1) the proposed location(s) for the site compound 2) the proposed location(s) for the storage of construction materials 3) the method of securing the site during the construction works and 4) the intended location of workers parlung.

Reason : In the interests of visual amenity, the amenity of neighbouring residents and public safety.

23. That from the commencement of development hereby permitted the scheme approved under the terms of condition 22 will be implemented on site for the duration of the construction works.

Reason : In the interests of visual amenity, the amenity of neighbouring residents and public safety.

24. That within the school precinct, cycle storage facilities shall be provided in the location shown on the approved plans and the storage facilities shall be provided at the rate of 1 space per every 25 staff and pupils.

Reason : To ensure that sufficient cycle storage facilities are provided within the development.

If granted this application will have to be referred to the Scottish Ministers on accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers:

Planning application forms and plans Consultation responses from Transco dated 9* October 2000; SEPA dated 10' October 2000; West of Scotland Water dated 12* October 2000; The Coal Authority dated 12* October 2000; Protective Services (North Area Office) dated 18th October 2000; Strathclyde Police dated 13* October 2000; Protective Services (Environmental Control Manager) dated 9' November 2000, 19" March 200 1 and E-mail dated 30* March 2001; Transportation Manager dated 5' October 2000 and East of Scotland Water dated 24* October 2000. Cumbernauld Local Plan adopted November 1993

Any person wishing to inspect these documents should contact Graeme Lee on 01236-616474

\\plbronOl\PUBLIC\SSUOAN\COMAPS20\GRAEME.LEE\0001181NID.doc

10 APPLICATION NO: N/00/01181/NID

1. SITE AND PROPOSAL

1.1 The proposed development is for the erection of a school, the formation of a roundabout and the erection of an associated 15 metre high wind turbine. Also, within the application site a potential location is identified for a pre-five facility. The application site measures 4ha. and is part of a 83.4ha. site zoned for a Town Park in the Adopted Cumbemauld Local Plan and is covered by Policy EN3 1. This policy identified the area as open space to be promoted as a Town Park by the former Development Corporation.

1.2 The site lies to the south of Eastfield Road and being approximately half way between the and the Craighalbert Roundabouts is well located in terms of the existing and new housing areas to the north of the A80. The last use of the application site would have been agriculture. At present the site is largely screened from Eastfield Road by Structural Landscaping. Existing and new houses are located to the north of Eastfield Road and the Carrickstone housing area is located to the east of the site. To the south and west is the land zoned for the Town Park. Immediately opposite the proposed access point to the site (and the location of the proposed roundabout) is an undeveloped site that is zoned for Educational Use.

2. CONSULTATIONS AND OBJECTIONS

2.1 The consultation process has not elicited any objections and East of Scotland Water’s comments relating to an existing trunk water main that crosses the site have been taken on board by Design Services. SEPA’s requirements that the principle of sustainable urban drainage be incorporated into the proposed development have been taken into account by Design Services. A planning condition can be imposed requiring that the details of what is proposed is submitted for the Planning authority’s approval in consultation with SEPA.

2.2 The comments of the Transportation Manager relating to the provision of cycle facilities within the site and the requirement that all new paths be 2.5 metres wide to allow dual use by pedestrians and cyclists have been taken into account by Design Services. The design of the proposed roundabout on Eastfield Road can be covered by planning condition.

2.3 The Environmental Control Manager (Protective Services) has suggested 2 planning conditions relating to working hours and noise that will cover the construction phase of the development and these are considered reasonable. Initial concerns regarding a closed landfill site located over 200 metres to the south of the proposed site have proved unfounded. Design Services commissioned a site investigation of the surrounding area and this information was passed to Protective Services who have confirmed that no further action is required. Protective Services have expressed concerns regarding noise from the proposed wind turbine. Further information on the turbine was provided by Design Services and this has satisfied Protective Services that noise fiom the turbine will not cause any nuisance to the nearest residential properties which are over 100 metres away.

3. OBSERVATIONS

3.1 The proposed school is an integral part of the Cumbemauld Primary School Rationalisation Policy for the millennium and also meets the need for additional school places in the expanded area of Cumbemauld north of the A80 which includes the areas of Balloch, ,, Carrickstone, Westerwood plus Cumbemauld Village. The school building will consist of a non denominational 540 pupil capacity Primary school, and a R.C. Primary school of 240 pupil capacity, with communal facilities shared between the two schools. As part of the rationalisation process the Education Department assessed their requirements for Cumbemauld and this included an assessment being carried out of not only the existing schools but also the sites identified in the Cumbernauld Local Plan for new schools. This exercise concluded that only one site would be required for a new 11 school, north of the A80. Five sites had been originally been identified in the Local Plan. The Education Department considered that the school site opposite the current application site was in the most appropriate geographical position to serve the intended catchment area.

3.2 Having selected the site to the North of Eastfield Road, Design Services were instructed by the Education Department to design the school. It was during this process and discussions with the Planning Authority that it became clear that there were a number of constraints to the development of the proposed site. The original site is a sloping site which would have resulted in the development taking place on a number of different levels reducing the space available for ancillary facilities, with, for example, the playing fields being some 5 metres below the level of the building and being of limited size. It was considered that matters such as this would have a potentially constraining effect on the operation of the facility not only from an educational point of view but also in terms of the contribution that it would make to the wider community. As such it was suggested that the application site being flatter would be easier to develop and that the resulting facility would be better able to serve the local community. Also, the application site being in the same geographic area is an important consideration in order that it can still cater for its catchment.

3.3 The proposed school is specifically designed to take cognisance of the Council’s Policies on the dual use of school facilities, social inclusion and lifelong learning. The building is laid out such that the central core of the building includes the hall, a conference room, catering facilities and toilets. The class rooms for both schools are located in 2 wings on opposite sides of the central core facilities and both will share the core facilities. This layout means that the central core of the building can effectively function as a separate community facility because there is the capability to easily exclude access to the educational parts of the building. In practice the facility will be operated such that at the end of the school day the building and the playing fields will be handed over to Community Services who will then be responsible for leasing out all the facilities. In this way the facility will be truly dual use and this is of significance in this part of the town where Community facilities are lacking. This fact is of importance given the local plan zoning of the site as a Town Park as it is considered that a public building such as a school on the edge of the proposed park is not inconsistent, especially given the strong element of community use that is proposed.

3.4 The proposed school requires a roundabout to be formed on Eastfield Road (this was also true of the site on the opposite side of Eastfield road). The resultant access road into the school also improves access to the existing football pitch already occupying part of the Town Park site, and as such will assist in the eventual development of the Town Park as a recreational area. The access road to the school will terminate at a roundabout and has been designed in this way to ensure that if required at some later date access into a parking area to serve the Town Park facilities could be taken from this road.

3.5 The principle of using land on the northern periphery of the Town Park for public or community buildings has been established. Further along Eastfield Road at Craighalbert Way land on the edge of the Town Park has been used for a new church and also for the Craighalbert Centre. Also, land adjacent to the church has been declared surplus and discussions are underway with an organisation who are keen to build a mosque, with its own range of facilities, on that site. It is considered that the use of the application site for a school is in keeping with this principle of providing community buildings on the edge of the area zoned as open space and would not set an inappropriate precedent. Furthermore, the school will only take up 4 hectares which is a small proportion of the 83.4 hectares of land set aside for the Town Park.

3.6 The proposed school is modern in its design and as has already been stated will be a landmark building. Moreover, the proposed design is aimed at providing a “green” school or “Eco” school incorporating energy saving devices. The proposed wind turbine is a key component of the overall strategy. In conjunction with the turbine it is also intended that solar panels are installed on the school roof. The energy produced by the solar photo-voltage cells will be fed into a control panel in a plant room within the school, the control panel will then feed this energy into a large lead acid 12 battery housed within the plant room, a power invertor will then convert DC power in the battery to standard 230V AC single phase supply. This will then connected to the electrical circuits within the school, which consume approximately the same amount of electricity as the generation capacity will produce. Normally, power will come fkom a combination of the wind turbine and the battery. However if there is a period of extra high consumption (or very low wind) then the invertor will automatically switch back to grid power without a break in supply. Excess power during very windy periods can be used on site by automatic switching to ‘dump loads’ e.g. heating. It has not been fully decided which circuits will connect to this power source however the areas being considered are Electric water heating, Storage heaters or Lighting circuits. Both the solar panels and the wind turbine will ensure that the school will place less demand on non renewable energy sources. The aims of the use of renewable energy at the site go beyond assisting with Government targets of reducing the COz emission associated with public buildings by 30% by 2010. The use of such technology in an educational setting will promote reusable energy by providing a high quality working example and educate young people about the potential, practicalities and limits of renewable energy. Also, it will provide the opportunity for an educational comparison to be made between the merits of wind and solar energy in the context of a Scottish climate. In addition to the wind and solar power the educational theme will be extended to include an automatic weather station which will be housed within the school site and linked to PC’s within the building, enabling pupils to monitor wind, rainfall, hours of sun etc.

3.7 The proposed school will be linked to the surrounding residential areas via the existing long distance footpath network and where required new links will be formed to the existing paths. In line with the Transportation Manager’s requirements any new paths will be over 2.5 metres in width to allow the safe use of all these paths which are separate and distinct from trafficked roads, by both pedestrians and cyclists.

3.8 The proposed development will result in the provision of 2 grass seven a side football pitches which comply with Sport Scotland’s desire to promote football amongst primary school children. Also, in terms of wider community use, in recent years there has been less demand for 11 a side football facilities, so the proposed pitches are likely to be more attractive. It is envisaged that a separate changing pavilion will be provided within the site but separate from the school buildings and that this would also include showering facilities. A source of funding has been identified for the pavilion and an application is currently being pursued. If this proves successful the pavilion will be the subject of further detailed plans. If the proposal to provide a pavilion were to fall through, however, changing facilities would still be available within the school building. It is also important to note that this level of provision was not possible within the confines of the site north of Eastfield Road as a result of the need to accommodate changes in ground levels. This had the effect of reducing the available space in and around the precincts of the school within which facilities and landscape features could be provided.

3.9 The land within the application site but outwith the security fence around the proposed school will be landscaped. It is proposed that the landscaping scheme will include a wildlife garden area that has the potential to be linked into the sustainable urban drainage system to create a wet land environment in part of the garden. Also, it is intended that the proposed mounding to the south of the site will be designed by pupils in conjunction with a community artist or landscape designer to create a landmark feature. The landscaping scheme can be covered by planning condition.. Again these are features which could not be accommodated on the site north of Eastfield Road. Finally, the plans also identify space for a pre-five unit, in the event of this facility being needed at this location.

13 4. CONCLUSIONS AND RECOMMENDATION

4.1. The proposed use of the site for a school is considered appropriate in view of the public nature of the building and the strong element of community usage of the resultant facility (building and playing fields). The location of such a community building on the periphery of the land identified for the Town Park presents an opportunity to open up this land and could prove to be a catalyst for the future development of the site’s recreational potential. At very least, the proposed development will not hinder or otherwise prevent the creation of a Town Park. Also, given the opportunity for a significant level of community use of the facility, it is not considered to be inconsistent with the aims and objectives of providing a Town Park in this location. So despite being contrary to the approved Local Plan, the use is considered acceptable in planning terms.

4.2 Accordingly, it is recommended that planning permission is granted. It should be noted that if the Committee are minded to grant planning permission that the application must be referred to the Scottish Ministers.

14 Application No: N/OO/O 1203FUL

Date Registered: 10th October 2000

APPLICANT: MR & MRS HAMILTON, 79 BROOMLANDS ROAD, CARBRAIN

Agent: Torla Contracts, Torla House, 36a Main Road, Condorrat

DEVELOPMENT: AMENDMENTS TO SCHEME TO EXTEND DWELLING APPROVED UNDER PLANNING PERMISSION N/00/00193/FUL

LOCATION: 79 BROOMLANDS ROAD, CARBRAIN, CUMBERNAULD

Ward No: 60 Grid: 276078 673972 File Reference: GLA Site History: N/OO/OO193/FUL - House Extension - Approved on 7‘h April 2000

Development Plan: Zoned as “Residential -HG4” as defined by the Cumbernauld Local Plan (Adopted November 1993)

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water, British Gas Transco No Reply: Conditions:

REPRESENTATIONS:

Neighbours: One letter of objection from neighbouring resident Two letters of representation Newspaper Advert: Not required

COMMENTS: This application is for an amendment to planning application N/00/00193/FUL for an extension at 79 Broomlands Road South Carbrain, Cumbernauld. The property is an end terrace dwelling house and the original extension was to be approximately 22.5 square metres in floor area, constructed in an L-shape to the rear and side of the property. The extension was to be constructed in an area of land which has been purchased from North Lanarkshire Council. Planning Application N/OO/OO 193LFUL was approved subject to conditions on 7’ April 2000. West of Scotland Water indicated that there was a sewer in the vicinity of the proposed extension. In view of the costs involved in sewer diversion works an amended application was submitted on 10’ October 2000.

15

It was for the erection of an extension, amounting to 33 square metres in floor area, located on the rear elevation of the property. The extension was to be constructed on the boundary with 81 Broomlands Road, be 7.6 metres in length, 3.8 metres high at the apex of the roof, leaving a garden depth of 2.2 metres.

The owner of 81 Broomlands Road, South Carbrain, Cumbernauld objected to that proposal on the grounds of proximity finishing treatment for the end gable and drainage and guttering problems. Further details of the grounds of objection will be dealt with in the accompanying report.

There have been two letters of support for the application, which are also detailed in the accompanying report.

The application was originally recommended for refusal at the Planning and Environment Committee on 14* February 2001, however a decision was made to continue the application for a site visit. On the 2"d March 2001, after the site visit, the Committee decided to continue the application for a further period. A meeting was held on 14* March 2001, with the agent and the Planning Department to negotiate an amendment to the plans. There was a positive response, in that the agent submitted amended plans on the 26* March 2001, which addressed some of the objectors' concerns. The amendment to the proposal is to move the extension 1.3 metres away from the boundary with 81 Broomlands Road, South Carbrain. This is an acceptable compromise to reduce the impact on the neighbour's boundary. I can now recommend, therefore, that permission is granted.

RECOMMENDATION: Grant permission subject to the following conditions:-

1. The approved development shall be started within five years of the date of this permission.

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

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

Reason: In the interests of the visual amenity of the application site and its surrounding area.

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

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

17 List of Background Papers:

Application forms and plans dated 10/10/2000 Cumbernauld Local Plan (Adopted November 1993) Consultation response from British Gas Transco dated 20/10/2000 Consultation response from East of Scotland Water dated 27/10/2000 Consultation response from West of Scotland Water dated 25/10/2000 Letter of objection from Mr M Strachan, 8 1 Broomlands Road, South Carbrain dated 12110/2000 Letter from Andrew Wilson MSP dated 3/10/2000 Letter fkom Dr. Jacqueline Taylor, Royal Infirmary dated 5thFebruary 2001. Amended Plans submitted on 26' March 200 I from Mr Denis Lynch (Agent)

Any person wishing to inspect these documents should contact Gillian hderson on 01236-616478.

18 APPLICATION NO: N/00/01203/FUL

1. SITE HISTORY AND PROPOSAL

1.1 The application is for an amendment to planning application N/OO/OO 193/FUL for an extension at 79 Broomlands Road, South Carbrain, Cumbernauld. The property is an end terraced dwelling house and the original extension was to be approximately 22.5 square metres in floor area, constructed in an 1-shape to the rear and side of the property. The extension was to be constructed in an area of land, which has been purchased from North Lanarkshire Council. The planning application N/00/00 193/FUL was approved subject to conditions on 7* April 2000.

1.2 West of Scotland Water indicated that there was a sewer in the vicinity of the proposed extension. In view of the costs involved in sewer diversion works, an amended application was submitted on lO* October 2000.

1.3 This was for the erection of an extension, amounting to 33 square metres in floor area and was to be located on the rear elevation of the property. The extension was to be constructed on the boundary with 81 Broomlands Road and was to be 7.6 metres in length, leaving a garden depth of 2.2 metres. The extension would be 2.75 metres high at the eaves level and 3.8 metres high at the apex of the pitched roof. The application was recommended for refusal at the Planning and Environment Committee on 14thFebruary 2001, where the Committee continued it for a site visit. This site visit took place on the 2ndMarch 2001, where the Committee decided that the application be continued for a further period of time and to allow the applicant a further opportunity to discuss this proposal with the Department's officers. On the 14* March 2001, a meeting was held with the agent and the Planning Department to negotiate an amendment to the plans. There was a positive response, in that the agent submitted amended plans on the 26* March 2001, which addressed some of the objectors' concerns. The plans illustrate that the extension is now to be moved 1.3 metres away from the boundary with 81 Broomlands Road, thus addressing the concerns of the objectors.

1.4 The extension is to be single storey and is to accommodate a bedroom and shower room which, is to be accessible to a member of the household with mobility problems. This would enable him to be discharged from hospital and return to his own home.

2. CONSULTATIONS

2.1 Summaries of consultation responses are as follows:-

2.2 British Gas Transco : No Objections

2.3 East of Scotland Water :No Objections

2.4 West of Scotland Water : With regard to sewerage, they advised that there are public sewers in the vicinity to which, drainage from the proposals can be discharged. Also, it should be appreciated that there could be existing drains, which may or may not be the responsibility of the Authority located within the site boundary which could restrict site proposals.

19 3. REPRESENTATIONS

3.1 There has been one letter of objection and two letters of support to this application. The letter of objection was from Mr M Strachan, the neighbouring property at 81 Broomlands Road, South Carbrain and the letters of support were from Mr Andrew Wilson MSP and Dr. Jacqueline Taylor, Consultant Physician, Glasgow Royal Infirmary.

3.2 The grounds of objection raised by Mr M Strachan are as follows:

(a) Distance/proximity of his lounge window to the boundary fence is 47cm; if this is the distance to the proposed new end gable it will create problems with the lack of daylight and sunlight to his property.

(b) How would the applicant treat the gable end of the proposed extension, owing to the close proximity to the existing boundary fence.

(c) Potential drainage and guttering problems.

3.3 Mr Andrew Wilson MSP submitted a letter dated 3/10/2000 regarding Mr and Mrs Hamilton's proposed house extension.

3.4 He was putting forward his support for Mr and Mrs Hamilton, detailing that it was necessary for Mr Hamilton to have this extension built on his property to accommodate special internal facilities for his mobility requirement. He stated in his letter that the first planning application was refused. This is inaccurate as Planning Application N/OO/OO193/FUL was approved subject to conditions on 7' April 2000, and he has now been advised accordingly.

3.5 Dr Jacqueline Taylor, Consultant Physician detailed her support for Mr Hamilton and stated it was essential that his mobility requirements are met. Dr. Taylor has also indicated that if Mr Hamilton was to return to his home it would improve his condition.

4.0 OBSERVATIONS

4.1 The plans which were amended, incorporate a design, which now moves the extension 1.3 metres away from the boundary with 81 Broomlands Road. The impact on the boundary with 81 Broomlands Road has been significantly reduced by moving the extension away from the common boundary and I consider this a reasonable and appropriate compromise. The construction of the extension will enable the owner to return to his own home, despite his mobility restrictions.. It is therefore recommended that planning permission be granted subject to conditions.

20 Application No: N/OO/O 1284FUL

Date Registered: 2 November 2000

APPLICANT: TAYWOOD HOMES LTD, BUCHANAN BUSINESS PARK, STEPPS, GLASGOW, G33 6HZ

Agent: Residential Project Design Ltd, Old Town Jail, St John Street, , FK8 1EA

DEVELOPMENT: RESIDENTIAL DEVELOPMENT (41 DWELLINGS)

LOCATION: Land to South of Lochend Avenue, Mount Ellen, Gartcosh

Ward No: 68 Grid: 269535- 669012 File Reference: MD Site History: TP/88/563: Residential Development (Outline) - Refused in February 1989 for reasons relating to greenbelt, lack of housing need and undesirable precedent for convergence of Mount Ellen and Gartcosh - Appeal Dismissed. TP/91/77 - Construction of All Weather Football Pitches and Clubhouse (Outline) - Refused in June 1991 for reasons relating to greenbelt, lack of tree planting, noise nuisance, road safety and earlier precedent. TP/92/43: Construction of 10 All Weather Football Pitches and Clubhouse - Refused in April 1992 for reasons relating to greenbelt, lack of tree planting, noise nuisance, road safety and earlier precedent - Appeal Dismissed. N/98/00807/05; Residential Development (Outline) - Refused January 1999 for reasons relating to prematurity, greenbelt, road safety and residential over-provision. N/OO/OO346/FUL: Residential Development (I 79 Dwellings) on two sites including current application site - Withdrawn November 2000.

Development Plan: Strathkelvin District (Southern Area) Local Plan 1983: Greenbelt and Tree Planting (E.PR02, E.IMP7) Northern Corridor Finalised Draft Local Plan 2000: Housing Development Opportunity (HG1/25)

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: The Coal Authority; Director of Education No Reply: Conditions: Scottish Environmental Protection Agency; West of Scotland Water; Head of Sport, Parks and Transportation

Representations1

I:\SSUOAN\COMAPS2OWARTIN.DEA\OOO1284(LMcW).doc 21 I Prcducedby Wmentof Planning and Enwmmt I N Nathem DlVlSlM PLANNING APPLICATION NO: 00/01284/FUL RESIDENTIAL DEVELOPMENT (43 DWELLINGS) ' $%4ULD G67 1DZ OFF LOCHEND AVENUE, MOUNT ELLEN I

~ Telephone01236 616400 Fax. 01236616420 269575 EAST €69012 NORTH 3 3 1:2500 This copy has been produced speaficdly fa Rannie- ilding Gmtrd purposes only Nofurthercopres may be made -2-

REPRESENTATIONS:

Neighbours: Fourteen plus fifty one non-notifiable neighbours (including Community Council) Section 23: Not required

COMMENTS: The application is for the erection of 41 dwellings on a 1.6 hectare site to the south of Lochend Avenue, Mount Ellen. The site is within the greenbelt in the adopted Local Plan (Strathkelvin Southern Area Local Plan 1983) but is identified for new house building in the emerging Local Plan (Northern Corridor Finalised Draft Local Plan 2000). Due to the dated nature of the adopted Local Plan and the advanced stage of the forthcoming Local Plan, it is considered that it is appropriate to use the new housing zoning as a material consideration in the processing of the application. In view of the adopted Local Plan greenbelt zoning, the application will require to be referred to the Scottish Ministers, should it be the decision of the Council to grant planning permission.

Negotiations have concentrated on improvements to the adjacent Lochend Avenue/Lochend Road junction necessary for the increased usage that will result from the proposed development. The required junction improvements are covered by a condition.

The layout, as amended, is considered acceptable with a suitable variety of house types and spacings. Although the layout does not fully meet with the Council's approved open space policy it should be noted that the residential development proposals on the site predate the design policy and that the layout is of reasonable quality. The applicants are prepared to part finance the construction and future maintenance of a play area proposed by the Mount Ellen Project community group on adjacent land by entering into an Agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997.

Letters of objection point out the site's greenbelt zoning, the limitations of the existing roads and junctions, the presence of alternative proposed housing sites in Gartcosh and Mount Ellen and the previous refusal of planning permission for residential development on the site.

It is considered that both the principle of residential development and the development details are acceptable on this neglected grassed area, which lies within the boundaries of Mount Ellen.

Taking/

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Taking account of the above, it is considered that the proposed development is acceptable. It is recommended that planning permission be granted subject to conditions.

RECOMMENDATION: Grant permission subject to the following conditions:-

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

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

2. That before the approved residential development starts, an amended plan incorporating a tightening of the speed bend opposite Plots 10 and 11 and alterations to the turning area at Plot 9, shall be submitted to, and approved in writing by the Planning Authority, incorporating any modifications as may be required.

Reason: In the interest of road safety by ensuring speed reduction and an effective turning facility.

3. That before the approved residential development starts, full details andor samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the planning authority to consider these aspects in detail.

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

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

5. That before any of the approved dwellinghouses, situated on the site upon which a fence or wall is to be erected are occupied, the fence, or wall as approved under the terms of condition 4 above, shall be erected.

Reason: To safeguard the amenity of the future residents.

6. That notwithstanding the provisions to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as habitable rooms without the consent of the Planning Authority.

Reason/

I:\SSUOAN\COMAPS2O\MARTM.DEA\0001284(LMcW).doc 24 -4-

Reason: To enable the Planning Authority to retain effective control and ensure the provision of adequate and acceptable parking facilities within the plots.

7. That residential development shall not commence until a scheme of landscaping is submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and the landscaping scheme shall include:-

a) details of any earth moulding and hard landscaping, grass seeding and turfing; b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted c) an indication of all existing trees, hedgerows and other habitats and species plus details of those to be retained, and measures for their protection, in the course of development d) details of footpaths e) details of the phasing and timings of these works.

Reason: In the interests of the landscape setting of the site and the wider area.

8. That in accordance with the landscape phasing approved under condition 7 above or within one year of the occupation of the last dwellinghouse within the application site, whichever is the earlier, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under condition 7 above shall be completed and any trees, shrubs, protected hedges or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

Reason: In the interests of the landscape setting of the site

9. That no work shall commence on site until football retention wire meshes are constructed to the rear of the eastern most goalposts of the two football pitches on the adjacent land to the satisfaction of North Lanarkshire Council as Planning and Leisure Authority.

Reason: In the interest of residential amenity by seeking to ensure that footballs do not enter adjacent gardens.

10. That no work shall commence on site until the Lochend Avenue/Lochend Road junction is improved in accordance with attached drawing 702-SK5 or such other scheme of improvement which has the written approval of North Lanarkshire Council as Planning and Roads Authority.

Reason: In the interest of road safety by ensuring that the Lochend Avenue/Lochend Road junction is an appropriate standard for its increased usage.

That/

I:\SSUOAN\COMAPS20\MART".DEA\0001284(LMc W).doc 25 -5-

11. That no work shall commence on site until a two metre wide footpath has been formed along the south side of Lochend Avenue between the application site and Lochend Road; the design and form of construction of the footpath is to have the written approval of North Lanarkshire Council as Planning and Roads Authority.

Reason: In the interest of road safety by ensuring adequate footpath provision.

List of Background Papers:

Application form and plans Strathkelvin District Southern Area Local Plan 1983 Northern Corridor Local Plan Finalised Draft 2000 Consultation letters from The Coal Authority, Scottish Environmental Protection Agency and West of Scotland Water. Consultation memos from the Director of Education and the Head of Sport, Parks and Transport Letters of representation from:

Chryston Community Council c/o Miss R Anderson, 1 Neuk Avenue, Muirhead, Chryston, Glasgow, G69 9EX; L. Harvey, 15 Ashton Gardens, Gartcosh G69; Mr. R.M. Coyle, 4 Beard Crescent, Gartcosh G69 8AU; Ms. A. McMonagle, 4 Blades Court, Gartcosh G69; Mr. A. Crawford, 26 Blades Court, Gartcosh G69; G McCann, 4 Bothlyn Crescent, Mount Ellen, Gartcosh, Glasgow; Mr J McCorquodale, 14 Bothlyn Crescent, Mount Ellen, Gartcosh, Glasgow G69 8DA; A Walker, 18 Bothlyn Crescent, Mount Ellen, Gartcosh, Glasgow; Ian Galt, 20 Bothlyn Crescent, Mount Ellen, Gartcosh, Glasgow, G69 8DA; William Walls, 10 Coronation Place, Mount Ellen, Gartcosh, Glasgow; Corinne Stevenson, 32 Coronation Road, Mount Ellen, Gartcosh, Glasgow; Mr. K. Burrell, 1 Eastgate, Gartcosh G69; Violet Codona, 3 Glaudhill Avenue, Mount Ellen, Gartcosh, Glasgow; M Milne, 4 Glaudhall Avenue, Mount Ellen, Gartcosh, Glasgow; Mary Christie, 6 Glaudhall Avenue, Mount Ellen, Gartcosh, Glasgow; 11) Marie Lancy, 10 Glaudhall Avenue, Mount Ellen, Gartcosh, Glasgow; Brian Gallacher, 11 Glaudhill Avenue, Mount Ellen, Gartcosh, Glasgow; Mark Cairns, 200 Holms Place, Mount Ellen, Gartcosh, Glasgow; June Stevenson, 204 Holms Place, Mount Ellen, Gartcosh, Glasgow; William Gardiner, 21 8 Holms Place, Mount Ellen, Gartcosh, Glasgow; I Murphy, 32 Jardine Terrace, Gartcosh, Glasgow; Mr J Murphy, 32 Jardine Terrace, Gartcosh, Glasgow; E McKinstry, 7 Johnston Road, Gartcosh, Glasgow; S McKinstry, 7 Johnston Road, Gartcosh, Glasgow; D Kennedy, Kingshill, Gartcosh, G69; E G Kennedy, Kingshill, Gartcosh, G69; Mr. Johnston, 16 Kirkhill Road, Gartcosh G69 8AJ; Josephine Slater, 14 Lochend Avenue, Mount Ellen, Gartcosh, Glasgow; W McNeilage, 18 Lochend Avenue, Mount Ellen, Gartcosh, Glasgow; Mrs Margaret McNeilage, 20 Lochend Avenue, Mount Ellen, Gartcosh, Glasgow; W Nicol, Lochend Avenue, Mount Ellen, Gartcosh, Glasgow; L Conaghan, 42 Lochend Road, Gartcosh, Glasgow G69 8AR; M Conaghan, 42 Lochend Road, Gartcosh, Glasgow, G69 8AB; Ms. C. Russell, 97 Lochend Road, Gartcosh G69 8AQ; Ms. M. Greechan, 108 Lochend Road, Gartcosh G69 8AY; Ms. S. McNaught, 120 Lochend Road, Gartcosh G69; J Gallacher, 160 Lochend Road, Gartcosh, G69 8BB; Mr. J.G. Muir, 162 Lochend Road, Gartcosh G69 8BB; Mr & Mrs Airlie, 201 Lochend Road, Gartcosh, Glasgow; Mr & Mrs Ken-, 201 Lochend Road, Gartcosh, Glasgow, G69 8BE; Mr Harry Tweed, 203 Lochend Road, Mount Ellen, Gartcosh, Glasgow; Denis Logue, 207 Lochend Road, Mount Ellen, Gartcosh, Glasgow; Mary Sinclair, 209 Lochend Road, Mount Ellen, Gartcosh, Glasgow; C Lindsay, 2 11 Lochend Road, Mount Ellen, Gartcosh, Glasgow;

Andrewl

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Andrew McPherson, 2 13 Lochend Road, Mount Ellen, Gartcosh, Glasgow; Andrew Millar, 2 17 Lochend Road, Mount Ellen, Gartcosh, Glasgow, G69 8BE; Fiona Ward, 219 Lochend Road, Mount Ellen, Gartcosh, Glasgow, G69 8BE; Mr. B. Marshall, 223 Lochend Road, Gartcosh G69 8BE; The Occupier, 10 Lochside, Gartcosh, G69 8DH; Mrs. J. Watson, 21 Lochside, Gartcosh G69 8DH; S. Crozier, 4 Lochview Terrace, Gartcosh G69 8BA; 0 McGarry, 6 Lochview Terrace, Gartcosh, Glasgow, G69 8BA; Mr. C. O’Brien, 1 Manor Road, Gartcosh G69 8AL; Agnes Gray, 5 Manor Road, Gartcosh, Glasgow; H. MacPhee, 6 Manor Road, Gartcosh G69 8AL; Mrs Elizabeth Allison, 9 Queensbank Avenue, Mount Ellen, Gartcosh, Glasgow; Elizabeth Stevenson, 29 Queensbank Avenue, Mount Ellen, Gartcosh, Glasgow; Robert Stevenson, 29 Queensbank Avenue, Mount Ellen, Gartcosh, Glasgow; J McInnes, 2 Slakiewood Avenue, Mount Ellen, Gartcosh, Glasgow; Elizabeth McWhinnie, 8 Slakiewood Avenue, Mount Ellen, Gartcosh, Glasgow; Margaret Stevenson, 15 Slakiewood Avenue, Mount Ellen, Gartcosh, Glasgow; Ms, K. Pettigrew, Woodend Farm, Gartcosh G69; Lorraine Colquhoun, 22 Woodlands Avenue, Mount Ellen, Gartcosh; Mr. & Mrs. McKay, 33 Woodlands Avenue, Gartcosh G69 8BT.

Any person wishing to inspect these documents should contact Martin Dean on 01236-616459.

Note: Should it be the decision of the Council to grant planning permission, the application will require to be notified to the Scottish Ministers as a significant departure from the provisions of a Structure Plan under the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. The issuing of consent should await the conclusion of an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 requiring the contribution of S30,OOO towards the installation and maintenance of the proposed play area on adjacent land.

I:\SSUOAN\COMAPS20\MARTIN,DEA\OOOl284(LMcW).doc 27 APPLICATION NO: N/00/01284/FUL

1. PROPOSAL AND SITE

1.1 The application is for the erection of 41 dwellings on a 1.6 hectare site to the south of Lochend Avenue, Mount Ellen. An improvement is required to the adjacent Lochend Avenue/Lochend Road junction. The site is currently un-tended grassland and is bounded to the north by Lochend Avenue with housing on the opposite side, to the east by housing, to the south by a lane with Lochend House and open land on the opposite side and to the west by a playing field.

2. DEVELOPMENT PLAN

2.1 Under the terms of the Strathkelvin Southern Area Local Plan 1983, the site is zoned as greenbelt (E.PR02) and for tree planting (E.IMP7). Within the Northern Corridor Finalised Draft Local Plan 2000, the site is identified for new house building (HG1/25).

3. PLANNING HISTORY

3.1 Key planning decisions affecting the site are as follows:

TP/88/563: Residential Development (Outline) - refused in February 1989 for reasons relating to greenbelt, lack of housing need and undesirable precedent for convergence of Mount Ellen and Gartcosh. A subsequent planning appeal was dismissed.

N/98/00807/OUT: Residential development (Outline) - refused in January 1999 for reasons relating to prematurity, greenbelt, road safety and residential over-provision.

N/00/00346/FUL: Residential development (179 Dwellings) on two sites including the current application site - the application was continued at the May and June Planning and Environment Committees but was withdrawn by the applicants on 1st November 2000.

4. CONSULTATIONS AND REPRESENTATIONS

4.1 Summaries of consultation responses are as follows:

The Coal Authority: no adverse comments. The Scottish Environmental Protection Agency: no objections provided the foul drainage is connected to the Local Authority public sewer and surface water drainage complies with the principles of Sustainable Urban Drainage Systems. West of Scotland Water: no objections in principle. There are public sewers in thevicinity which can service the site. Director of Education: the development area is currently split between Chryston Primary and Gartcosh Primary in the non-denominational primary sector and St Barbara’s Primary in the Roman Catholic primary sector. Whereas Chryston and Gartcosh Primaries have sufficient accommodation to cope with the increase in pupils, St Barbara’s Primary will be operating very close to capacity in future years.

There/

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There is a possibility that some pupils may not be accommodated within this school, which would result in the Authority having to transport children to neighbouring schools with available accommodation. The secondary schools associated with the development area are Chryston High and Our Lady’s High School, Cumbernauld. Both schools have sufficient accommodation to cope with the projected pupil increase. Head of Sport, Parks and Transport: there may be problems associated with floodlighting and stray footballs from the adjacent football pitch. There should be a &30,000contribution from the Developers towards the adjacent community group led improvements to the equipped play area. The proposed 5 metre width screen planting along the south western boundary will only be adequate along with the continued presence of the established mature trees and double hedgerow adjacent to the Lochend house access track. Adequate measures shall be taken to ensure the healthy survival of the existing mature trees and hedgerows throughout the proposed development works.

4.2 The Transportation Manager has objected to the proposal as the Lochend Avenue/Lochend Road junction has inadequate site lines for the increased usage that will result from the proposed residential development, and so will be detrimental to road safety.

4.3 Letters of Objection have been submitted by Chryston Community Council and by 64 Mount Ellen and Gartcosh residents.

Points of Objection are as follows:

- the site is zoned greenbelt and should remain as such along with tree planting. The greenbelt zoning prohibits residential development such as is proposed. Access to the site is from a junction with inadequate site lines where traffic speeds are high. There have been a number of rehsals of planning permission for housing on the site, including a dismissed appeal.

- there are sufficient alternative sites zoned for housing in the GartcosWMount Ellen area.

- Mature trees adjacent to the site will require to be felled.

- Additional new residents would increase local problems such as dog fouling on private land.

5. OBSERVATIONS

5.1 While recognising that the site is zoned as greenbelt in the adopted Strathkelvin Southern Area Local Plan 1983, it is noted that this is a dated document. The current housing strategy for the Mount Ellen and Gartcosh area has been carefully considered through the Northern Corridor Finalised Draft Local Plan 2000. This strategy takes account of the pressures and opportunities relating to the Gartcosh strategic industrial area and the position of the application site within the built up area of Mount Ellen. As the Northern Corridor plan is now at the Finalised Draft stage it is therefore considered that the new house building zoning is a material consideration which should help establish the planning policy context for the application.

In/ -2-

5.2 In this respect the current application is different from previous applications, which were refused on greenbelt grounds in accordance with the adopted Strathkelvin Southern Area Local Plan 1983. Notwithstanding the new house building zoning in the Northern Corridor Finalised Draft Local Plan2000 should it be the decision of the Council to grant planning permission, the application will require to be referred to the Scottish Ministers due to the greenbelt zoning in the adopted Local Plan.

5.3 At present the Lochend Avenue/Lochend Road junction is suitable for the current level of use, but is below the standard necessary for increased usage. In this respect the proposed residential development would result in increased danger for road users at this junction as existing. Progress appears to have been made in land negotiations between the applicants and Mount Ellen Golf Club to allow necessary junction improvements. A planning condition requires that no house building takes place until satisfactory junction improvements have been carried out.

5.4 The original housing layout was dominated by a number of long straight rows of dwellings in close proximity to one another. Amended proposals have an acceptably varied layout. Although the layout does not fully meet with current approved standards it is considered that it is of an acceptable quality and it is noted that negotiations predate the approved standards.

5.5 Although there are a number of other sites in the Mount Ellen andGartcosh area zoned for housing in the emerging Local Plan, this is not considered to be relevant to the consideration of the current application. The principle of housing on the application site is considered acceptable, primarily due to the site’s position within the village envelope and to the desirability of having a range of house types in the vicinity of the Gartcosh strategic industrial area.

5.6 An improved play area is to be established on adjacent land via a local community group. The applicants are agreeable to the principal of making a donation of E30,OOO towards the establishment and upkeep of this adjacent play area. Should planning permission be granted a Section 75 legal agreement will require to be entered into to accommodate the play area financial donation.

5.7 Surface drainage would be required to comply with Sustainable Urban Drainage System best practice.

5.8 No trees are proposed for felling.

6. CONCLUSION

6.1 Taking account of all relevant matters, it is considered that the proposal is acceptable and it is recommended that planning permission be granted. This is subject to necessary junction improvements being carried out and a legal agreement being entered into concerning the play area.

I:\SSWOAN\COMAPS2OWARTM.DEA\000I284(LMcW).doc 30 Application No: N/OO/O 1452/OUT

Date Registered: 1st February 200 1

APPLICANT: MR G CRAIG

Agent: None

DEVELOPMENT: ERECTION OF DWELLING IN OUTLINE

LOCATION: 15 BALCASTLE GARDENS, IULSYTH, G65 9PE

Ward No: 65 Grid: 270830768477 File Reference: PW Site History: N/99/01339/FUL Erection of extension to form ‘granny flat’, approved 7th February 2000.

Development Plan: Policy HG3, Retention of Residential character, Kilsyth Local Plan 2000.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, Strathclyde Fire Brigade. No Reply: Conditions:

REPRESENTATIONS:

Neighbours: None Newspaper Advert: Not required

! COMMENTS: This application seeks consent for the erection of a dwelling in outline in part of the rear garden of 15 Balcastle Gardens, Kilsyth, an end terraced dwelling. The applicant proposes to use Rennie Road to west for vehicular access

The site is surrounded to the north, south and east by residential rear gardens and to the west by public open space.

It is considered that the proposed house plot does not comply with Local Plan policy HG3, which states that houses should properly front onto an adjacent road and should acceptably relate to a suitable orderly disposition of buildings. This is because the proposed plot due to its relationship with surrounding dwellings, if developed, would result in loss of residential amenity.

Furthermore, the proposed vehicular access is 12 metres long and crosses 2 public footpaths and as such would have an unacceptable effect on the existing level of pedestrian safety.

I/PLAN/PWILL/BALCA26 31 pmduced by Department of Planning and Emrimnment Mhem Division &on Way CUMBERNAULD G67 1DZ z%227 2%*TWW vlth 15 BALCASTLE GARDENS, MLSmfl sdtcrrrymfa OOOnapFrfl Telephone 01236 616400 Fax. 01226 616420 1:I250 ~&r~rnldr%0sown~ his copy has been produced speaeaficdly fa RanningBeilding Gmtrd purposes only nd wi& lopoucutm awl pueaing os Licence LA09041L No further copies may be made It is therefore recommended that planning permission is refused.

RECOMMENDATION: Refuse for the following reasons :-

1. The proposal is contrary to policy HG3 of the Kilsyth Local Plan 1999 as any resultant house cannot properly front onto Rennie Road or relate acceptably to adjacent surrounding dwellings.

2. In the interests of surrounding residential amenity, as due to the relationship with the plot and surrounding dwellings, any future dwelling would not acceptably relate to surrounding dwellings.

3. In the interests of pedestrian safety, as the proposed vehicular access would cross two existing public footpaths and result in an unacceptable reduction in the level of pedestrian safety currently enjoyed.

4. That should planning permission be granted, an undesirable precedent will be set that will make it difficult for the planning authority to refuse other similar applications.

List of Background Papers:

Application forms and plans Kilsyth Local Plan 1999 Letter from Director of Planning to applicant dated 9th August 2000 Consultation responses from West of Scotland Water and Strathclyde Fire Brigade dated 5th and 6th February 200 1 Observations of Transportation Manager dated 20th March 200 1

Any person wishing to inspect these documents should contact Paul Williams on 01236-61 6464

I/PLAN/PWILL/BALCA26 33 APPLICATION NO: N/00/01452/OUT

1. SITE AND PROPOSAL

1.1 This application seeks approval for the erection of a dwelling in principle in the rear garden of 15 Balcastle Gardens, Kilsyth, an end terraced dwelling. The rear garden of the property is relatively large although of a somewhat awkward shape and slopes downward from north to south. The application site takes up approximately two thirds of the existing rear garden and is bounded to the north by the rear garden of no 15, to the east and south by other adjacent rear gardens with council owned public open space to the west.

1.2 The applicant proposes to access the site both for vehicles and pedestrians from Rennie Road. This involves forming an access across approximately 12 metres of council owned public space and crossing two existing public footpaths.

2. CONSULTATIONS AND OBJECTIONS

2.1 No objections have been received from either West of Scotland Water or Strathclyde Fire Brigade as a result of consultation.

2.2 Furthermore, no objections have been received as a result of neighbour notification,

2.3 The Transportation Manager has however recommended that the application is refused in order to protect the road safety of pedestrians using the footpaths that the proposed access road would have to cross and also to ensure that an undesirable precedent is not set for other similar accesses in the future.

3. OBSERVATIONS AND CONCLUSION

3.1 It is considered that the proposed house plot is large enough to accommodate an appropriately scaled and designed dwelling. However, the plot is considered to be problematic in terms of its position and relationship to surrounding dwellings.

1 3.2 Planning consent for a relatively large rear extension to no 15 Balcastle Gardens, the applicants dwelling, was granted on the 7th of February 2000. A major determining factor in the acceptability of the extension was the large rear garden. The approved extension in combination with the proposed dwelling would represent a wholly unacceptable over-development of the rear garden. Therefore, any approval for a dwelling in the rear garden would have to be mutually exclusive from the extension approval, so that the development of one would preclude the development of the other.

3.3 The application site is considered to be awkwardly shaped and positioned in relation to surrounding existing dwellings. As, previously mentioned the plot is surrounded on three sides by existing residential rear gardens which would lead to an unacceptable outlook from any resultant new dwelling an also an unacceptable relationship between it and surrounding dwellings.

3.4 The site is covered by residential policy HG3 in the adopted Kilsyth Local Plan 1999. This policy seeks to encourage residential development whilst at the same time protecting existing levels of residential amenity. In particular, in relation to new residential development in established residential areas the policy states that - ‘houses should properly front onto an adjacent road and should acceptably relate to a suitable orderly disposition of buildings’, i.e. that new dwellings are traditionally located adjacent and parallel to their main access road and should have an acceptable relationship to adjacent dwellings in terms of position and location. I/PLAN/PWILL/BALCA26 34 3.5 It is considered that the proposed house plot does not properly front onto the access road, in this case Rennie Road. Furthermore, any resultant dwelling, due to the position of the plot would'not relate satisfactorily to existing surrounding dwellings and would ultimately lead to an undesirable loss of residential amenity for existing surrounding dwellings. The proposal is therefore considered to be contrary to policy HG3.

3.6 Furthermore, with regard to access, the proposal is considered to be unacceptable as it will cross two existing public footpaths. It is considered that this would lead to an unsatisfactory reduction in the level of pedestrian safety currently enjoyed by footpath users.

3.7 The proposal is therefore considered to be unacceptable for the above reasons and additionally, if approved, it would set an undesirable precedent for other similar and unacceptable proposals. This application is therefore recommended for refusal.

I/PLAN/PWILL/BALCA26 35 Application No: N/O 1/OOO 14/ADV

Date Registered: 17TH. January 200 1

APPLICANT: CASTLECARY HOUSE HOTEL, CASTLECARY ROAD, CUMBERNAULD

Agent: ARM Architects, 10 Payne Street, Glasgow

DEVELOPMENT: ERECTION OF ILLUMINATED AND NON-ILLUMINATED ADVERTISEMENTS (RETROSPECTIVE APPLICATION)

LOCATION: CASTLECARY HOUSE HOTEL, CASTLECARY ROAD, CASTLECARY

Ward No: 57 Grid: 278619 - 678063 File Reference: AF Site History: N/99/01632/FUL: Formation of Bund N/99/01489/TPO: Felling and Uprooting of One Tree N/98/01342/TPO: Felling and Uprooting of Trees N/98/0 13 14/FUL: Proposed Extension and Alterations 95/00085/TPO: Lopping (In Retrospect) and future Felling of Trees 95/00084/PL: Formation of Additional Car Parkmg Area 92/00062/PL: Erection of Bedroom Block 91/00059/AD: Erection of Three Flags and Poles 91/00058/PL: Conversion of Garage to Laundry 88/00025/PL: Construction of Additional Bedroom

Development Plan: Cumbernauld Local Plan 1993 - Residential Amenity Policy HG4

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRFSENTATIONS:

Neighbours: One letter of objection from Castlecary Community Council Newspaper Advert: Not required

COMMENTS: This application seeks consent for the erection of one illuminated and a number of non-illuminated advertisement signs. The application site is the Castlecary House Hotel, Castlecary Road, Castlecary, Cumbernauld., The application seeks retrospective advertisement consent for the erection of an illuminated entrance sign and seven non- illuminated signs etched in the windows of the hotel.

The/ 36 4 -2-

The site lies within Policy HE4 of the Cumbernauld Local Plan 1993, which seeks to protect existing levels of residential amenity. One letter of objection has been received from Castlecary Community Council. The grounds of objection relate to the design and illumination of the erected entrance sign and the precedent that such a sign may establish. The Transportation Manager has no objections subject to a condition restricting the level of luminance of the erected sign. It is considered that the design and level of luminance of the erected signs are appropriate to the surrounding residential area. It is considered, however, that the height of the erected entrance sign is unnecessarily high for the purposes of identifying the site to passing trade. The application is therefore recommended for refusal on the following grounds.

RECOMMENDATION: Refuse for the following reason:-

1. In the interests of visual amenity, in that the erected illuminated entrance sign is unrelated in scale to the existing Hotel and taller than required for the purposes of identifying the site to passing trade, thus constituting a strident and discordant feature in the street scene.

2. That if approved, the erected advertisement sign would establish an undesirable precedent which would be difficult to oppose at other locations within an area of established residential amenity.

List of Background Papers:

Application form and plans Cumbernauld Local Plan 1993 Letter of objection from Castlecary Community Council dated lst,February 2001 Consultation response fiom the Transportation Manager dated 13th. February 200 1

Any person wishing to inspect these documents should contact Allan Finlayson on 0 1236-616472.

Joan/Comaps2000/Allan.F/O1000 14/ADV/29'h. mrch

38 APPLICATION NO: N/01/00014/ADV

1. SITE AND PROPOSAL

1.1 This application seeks retrospective consent for the erection of one illuminated entrance sign and seven non-illuminated logo signs at Castlecary House Hotel, Castlecary, Cumbernauld. The application site is a recently extended hotel located adjacent to Castlecary Road and within a predominantly residential area.

1.2 The erected entrance sign is 4.5 metres tall and constructed from six aluminium panels supported by an internal frame. The top two panels internally illuminate a raised logo and individual lettering.

1.3 The site is covered by Policy HG4 of the Cumbernauld Local Plan 1993, which seeks to protect existing levels of residential amenity.

2. CONSULTATIONS AND OBJECTIONS

2.1 One letter of objection has been received from Castlecary Community Council. The grounds of objection relate to the design and illumination of the erected entrance sign and the precedent that such a sign may establish.

2.2 The Transportation Manager has expressed no objections to the proposal subject to a condition restricting the level of luminance of the erected entrance sign.

3. OBSERVATIONS AND CONCLUSION

3.1 It is considered that the design and level of luminance of the erected entrance sign are appropriate to the surrounding residential area. The lumination used is subtle and compatible with the application sites proximity to surrounding residential properties. The design of the sign, whilst modem, is consistent with the design of the recent extension to Castlecary Hotel. The use of etched logo signs in the glass of this extension are also considered to be appropriate in design terms.

3.2 It is considered, however, that the height of the erected entrance sign is unrelated in scale to the existing Hotel and unnecessarily high for the purpose of identifying the site to passing trade. The sign extends to a height of 4.5 metres from the existing ground level of the car park of Castlecary Hotel. Furthermore, the existing car park ground level is approximately 0.5 metres higher than the adjacent public footpath which lies between the application site and Castlecary Road.

3.3 Negotiation has failed to achieve a reduction in the height of the erected entrance sign. The applicant’s agent has been contacted verbally and in writing, suggesting the reduction in the total height of the erected sign by means of removing some blank, non-illuminated aluminium panels. The applicant’s agent has confirmed that this option is not favoured on grounds of cost. It should be noted that the sign has been erected prior to obtaining advertisement consent. The applicant’s agent has also provided examples of advertisement signs in other locations which are considered to be more visually intrusive than the entrance sign presently under consideration. Both examples are illuminated advertisement signs for premises in the nearby Wardpark Industrial area. These examples are not entrance signs but instead are mounted on the buildings in question. Both examples have separate low level non-illuminated entrance signs. In addition the examples given are located within an industrial area isolated fkom residential development.

3.4 From a visual perspective, when approaching the application site from either direction along Castlecary Road, the erected entrance sign appears to be of a similar height as the eaves level of the existing hotel. In reality the sign is, at 4.5 metres, 2 metres lower than the eaves height of the existing hotel. The visual effect of the sign within the existing streetscape of Castlecary Road is, however, an important consideration in the assessmen39 any application for advertisement consent. In this particular application it is considered that the erected advertisement consent is unnecessarily high, and is consequently an unnecessarily obtrusive and dominant feature which detracts from the visual amenity of the village main street, currently devoid of advertising on this scale.

3.5 It is therefore considered that the erected entrance sign is recommended for refusal on the grounds provided.

40 Application No: N/O 1/00032/FUL

Date Registered: 12". January 200 1

APPLICANT: BELHAVEN PUBS DIVISION, ATRIUM HOUSE, 6 BACKWALK, STIRLING FK8 2QA

Agent: J.A. Leask Architects, 2 West Maitland Street, Edinburgh EH12 5DS

DEVELOPMENT: ERECTION OF CONSERVATORY EXTENSION TO PUBLIC HOUSE AND FORMATION OF PLAY AREA

LOCATION: THE WEAVERS, AIRDRIE ROAD, CONDORRAT, CUMBERNAULD

Ward No: 62 Grid: 273494 - 672881 File Reference: AF Site History: None

Development Plan: Cumbernauld Local Plan 1993: Residential Amenity Policy HG4

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: No response

COMMENTS: This application seeks permission for the erection of a conservatory extension and formation of a play area at the Weavers Public House, Airdrie Road, Condorrat, Cumbernauld.

The existing Weavers Public House is located off Airdrie Road, the main ring road in the Condorrat area. The building is located immediately adjacent to a public footpath linking community facilities, which include the Weavers Public House. The proposal involves constructing a conservatory within an existing recess on the western elevation lying between the toilet area and a staff area. The recessed area currently operates as an external entrance area. The proposed conservatory is constructed in facing brick base course with hardwood window units and a glazed roof. The proposed conservatory is acceptable in design and location.

The/ 41 Oepstbnant d Ranning and Environment N/01/00032/FUL Nathw Division BELHAVEN PUBS DIVISION Bran way CUMBWNAULD THE WEAVERS 067 1DZ AlRDRlE ROAD CONDORRAT CUMBERNAULD Telephone 01235 616400 Far. 01236 616420 CONSERVATORY EXTENSIONTO PUBLIC

OS Licence LA 04091L HOUSE AA -2-

The proposal also includes the formation of a play area located between the proposed conservatory and the existing footpath. The proposed play area consists of a 1.2 metre high fenced off piece of soft landscaping accessed from the proposed adjacent conservatory. The proposed play area is shown on the submitted application drawings as five metres deep by eight metres long. The existing site layout will not, however, accommodate a play area of these dimensions. I have recommended therefore that a condition is imposed requesting additional information in relation to the exact size and positioning of the proposed play area. This would allow the approval of the conservatory whilst allowing a later submission of play area details. No objections have been received as a result of neighbour notification, newspaper advertising or consultation procedures.

In view of the above it is recommended that the application is approved subject to the following appropriate conditions.

RECOMMENDATION: Approve, subject to the following conditions:-

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

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

2. That before the development hereby permitted starts, details of the exact size and location of the proposed play area within the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:-

a) details of the surface treatment of play area, including the location and type of safety surface to be installed; b) details of the design and location of fences to be erected around the play area.

Reason: To ensure the satisfactory location of a play area adjacent to the public footpath.

3. That, notwithstanding the generalities of condition 2 above, no part of the proposed play area, or its boundary fence, shall be less than one metre from the footpath shaded yellow on the approved plans.

Reason: To ensure the satisfactory location of a play area adjacent to the public footpath.

4. That the play area shall be constructed in accordance with the details approved under the terms of condition 2 above

Reason: To ensure the satisfactory location of a play area adjacent to the public footpath.

5. That/ 43 -3-

5. That the facing materials to be used for the external walls and fenestration shall match in colour and texture of those of the existing adjoining building.

Reason: To ensure that the materials used in the approved conservatory match those of the existing adjoining building in the interests of visual amenity.

List of Background Papers:

Application form and plans Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Allan Finlayson on 01236 - 616479

Joan/Comaps2000/Allan.F/0100032Fu1/27mrch

44 Application No.: N/O1/00083/OUT

Date Registered: 12th February 200 1

APPLICANT: TULLOCH PROPERTIES LIMITED, TULLOCH HOUSE, BUCHANAN BUSINESS PARK, GLASGOW, G33 6HZ

Agent: Smith Design Associates, 16 Lynedoch Crescent, Glasgow, G3 6EQ

DEVELOPMENT: MD(ED USE DEVELOPMENT COMPRISING CLASS 1 (RETAIL), CLASS 3 (FOOD AND DRINK), PUBLIC HOUSE AND HOT FOOD TAKE-AWAY

LOCATION: 1-5 GREEAFAULDS ROAD CARBRAIN CUMBERNAULD

Ward: 61

Grid Reference: 275669 673305

File Reference: N/O 1/O 00 83 /OUT

Site History: Section 6( 1) Approval for residential development granted 11/05/95 N/97/00 168/OUT Outline Approval for 1000 square metres retail approved 06/06/1997 N/00/00220/OUT Outline application for mixed use development withdrawn 06/09/2000 N/OO/O 1290/OUT Renewal of outline approval 1000 square metres retail approved 14/12/2000

Development Plan Industrial and Business in adopted Cumbemauld Local Plan Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: East Of Scotland Water West Of Scotland Water Scottish Power The Coal Authority Conditions: No Reply: British Gas Transco

REPRESENTATIONS: Neighbours: 1 Letters of Objection from a Neighbour Newspaper Advertisement: 1 Letter of Objection from a Residents Association 1 Letter of Objection from a Local School with a supporting letter from the Director of Education

COMMENTS: The applicants propose a mixed development comprising a 1161 square metre retail unit, a 307 square metre hot food take away, a 929 square metre family pub / restaurant on this 1.77 hectare site.

45 Greenfaulds Residents Association

N101M)083/NL Roduced by NLLoM PRoPERT'ES LTD Deparbnent of Ranning and Enmcnmmt 15 GRE€NFAULDS ROAD Naihm h\nsicn CARERAIN %cm Way CUMEERNAULD CUMBERNAULD Wed Uss DswlDprnenl Clascl (Retall) Mass 3 G67 ID2 (Fad 8 Dmk), FubllcHcuse and Hd Fd TakeAway Telephone 01236 616401) Fax 01236 616420 +OWECTORS 1 :2500 ' This copy has teen produced specniailyfor Planning OS IJecnce LA 09041L NO further copies may be TU The application is in Outline and the proposal would include provision for access, parking and landscaping of the site. The site lies to the south-east of, and is accessed from, Greenfaulds Road. It is separated from the railway line to the south by a public footpath and landscaping. The site is covered by industrial policies in the adopted Cumbernauld Local Plan. Cumbernauld Development Corporation granted consent for residential use of part of the site under Section 6( 1) of the New Towns Act This consent has now lapsed. Outline planning permission for a retail unit of a maximum of 1000 square metres (gross) on part of the site was granted in November 1997 and was renewed in December 2000. A previous application for outline planning permission for a mixed use development was withdrawn in September 2000.

RECOMMENDATION:

Grant, subject to the following conditions:

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

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

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

(a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (0 the details of, and timetable for, the hard and soft landscaping of the site; (g) details for management and maintenance of the areas identified in (d),(e) and (0 above; (h) the design and location of all boundary walls and fences; (i) the provision for loading and unloading of all goods vehicles; (j)the phasing of the development; (k) the provision of drainage works; (1) the disposal of sewage; (m) details of existing trees, shrubs and hedgerows to be retained; (n) details of existing and proposed site levels.

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

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

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

4. That no more than 1200 square metres (gross) of Class 1 (Retail) floorspace shall be provided within the site.

Reason: In the interest of the proper planning of the area and for the avoidance of doubt.

5. That for the avoidance of doubt the reserved matters referred to in Condition 2, above, shall include the submission of a scheme of traffic management measures to facilitate safe vehicular access to the site and safe pedestrian access to the site from the north side of Greenfaulds Road.

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

List of Background Papers:

Strathclyde Structure Plan Glasgow and Clyde Valley Joint Structure Plan 2000 Cumbernauld Local Plan adopted 1993 NPPG 8 Town Centres and Retailing NPPG 17 Planning and Transportation

Application form and plans received 30th January 200 1

Letter received 5th February 2001 from Mr T Gilmartin, 37 Abbotsford Court, Greenfaulds, Cumbemauld, G67 4BQ Letter received 22nd February 2001 from The Coal Authority Letter received 26th February 200 1 from West Of Scotland Water Letter received 27th February 2001 from Greenfaulds Residents Association, 15 Ashiestiel Road, Greenfaulds, Cumbemauld, G67 4AS Letter received 1st March 200 1 from East Of Scotland Water Letter received 5th March 200 1 from Scottish Power Letter received 5th March 2001 from Miss A Moore, Head Teacher, Glencryan School, Greenfaulds, Cumbernauld, G67 2XJ Letter received 5th March 200 1 from Director of Education, Municipal Buildings, Kildonan Street, Coatbridge, ML5 3BT

Letter received 20th March 2000 from Railtrack in relation to N/00/00220/OUT Letter received 22nd March 2000 from British Gas Transco in relation to N/00/00220/OUT Letter received 23rd March 2000 from S.E.P.A. (West) in relation to N/00/00220/OUT Traffic Impact Assessment received 3 1'' May 2000 in relation to N/00/00220/OUT Planning and Retail Statement received 28* April 2000 from Robert Turley Associates in relation to N/00/00220/OUT

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

48 APPLICATION NO. N/Ol/OOOS3/OUT

REPORT

1. Description of Site and Proposal

1.1 The site extends to some 1.77 ha and lies to the south-east of Greenfaulds Road. It was formerly occupied by two industrial units, separated by the site access. The smaller of these units remains at the southern end of the site whilst the other was demolished, leaving a cleared level area to the north-east of the access.

1.2 Vehicular access to the site is from Greenfaulds Road which also serves a primary school, the fire station and a number of residential areas to the north-west, and the ambulance station and railway station car park adjoining the site. A public footpath and landscaping separate the site from the main railway line to the south-east. A footbridge across the railway line links the site to the main industrial area at Lenziemill.

1.3 The applicants propose a mixed development comprising a 1,161 square metre retail unit, a 306 square metre fast food restaurant and a restaurant public house of approximately 929 square metres. This application is similar in nature to application N/00/00220/OUT, which was withdrawn in September 2000, differing only in the reduction in retail floorspace proposed from two units totalling 1,570 square metres to one unit of 1,161 square metres. The application is in outline and the indicative site layout includes provision for access, parking, servicing and landscaping.

2. PlanninP History

2.1 Cumbernauld Development Corporation produced the Greenfaulds (Greenfaulds Road) 6(1) Amendment in November 1994. This was approved by the Secretary of State for Scotland in May 1995 and effectively re-zoned the northern part of the site for residential use. This consent expired on the lst April 1999. 2.2 North Lanarkshire Council granted outline planning permission for a retail unit on the southern part of the site on the 21st November 1997. That permission was subject to a condition that no more than 1,000 square metres of gross floorspace should be provided on the site. The outline permission was renewed in December 2000.

2.3 An outline application for a mixed use development comprising a 1,161 square metre retail unit, a 419 square metre retail unit, a fast food outlet of 306 square metres and a public house / restaurant of approximately 929 square metres with associated access and parking was withdrawn in September 2000.

3. Representations and Consultations

3.1 The Coal Authority offered no objections to the proposed development. Scottish Power, East of Scotland Water and West of Scotland Water provided information on the location of their existing apparatus in the vicinity and confirmed that services could be provided. 3.2 In relation to application N/00/00220/OUT, SEPA commented on the need for surface water disposal to be undertaken in a manner that would comply with surface water best management practice for sustainable urban drainage. They considered that a suitable design could be achieved utilising permeable surfacing and incorporating a pond or wetland and possibly swales within the site landscaping. This would also apply to the current proposal and the increase in available site area for landscaping arising from the deletion of a retail unit would make these requirements easier to accommodate.

49 3.3 In relation to application N/00/00220/OUT, the Area Transportation Manager concluded that whilst he did not agree with some minor assessment details within the submitted Traffic Impact Analysis, these would have only minor implications for the final conclusions. He concurred with the Analysis in that he considered the traffic generation of the development would not have a significant detrimental effect on traffic operation on the road network, and that the proposed roundabout junction would not have a significant detrimental effect on traffic operation on Greenfaulds Road. He did consider that the proposed arrangements for pedestrians were inadequate and that a further crossing point on Greenfaulds Road would be required. The demands of this proposal on the roads network are likely to be less than those which would have been created by the previous proposal, given the reduction in retail floorspace.

3.4 In relation to application N/00/00220/OUT, Railtrack outlined their requirements in terms of ensuring the safety of the adjacent railway route. These relate mainly to protection of the line from damage or obstruction during construction works and the subsequent discouragement of unauthorised access to the line.

3.5 One neighbour, Greenfaulds Residents Association, and the head teacher of Glencryan School and the Director of Education objected to the application on the following grounds:

0 Increase in traffic e Increased traffic volumes in proximity to the ambulance depot, fire station, primary school and special needs school Ample existing fast food and licensed premised already exist in the area Loitering and nuisance Increase in litter and smell Proximity to the primary school, special needs school, ambulance station and fire station. Increased noise, especially late at night Anti social problems arising from licensed premises (drunkenness, loitering, fighting, vandalism etc.)

4. National Planning Guidelines

4.1 NPPG 8 Town Centres and Retailing sets out national planning policy on retailing, whilst NPPG 17 seeks to create sustainable development patterns through an integrated approach to planning and transportation. The former identifies Town Centres as the first preference for new retail development; only where there are no suitable sites should other locations be considered.

4.2 Paragraph 45 of NPPG 8 also states that where development is not consistent with the Development Plan it is for the developer to demonstrate why an exception to policy should be made. A list of criteria that any such development should meet is provided.

4.3 Paragraphs 32 and 33 of NPPG 17 state that development should be sited where there is a choice of transport and should not be dependant predominantly on access by car.

5. DeveloDment Plan 5.I The area is covered by policy IB 1 in the adopted Cumbernauld Local Plan, which states: "Within the identified "Industrial Areas" on the Proposals Map, there will be a presumption in favour of industrial and business Class 4 development. Proposals for development incompatible with their primarily industrial and business use will not be allowed, in particular there will be a presumption against retail developments where they are considered to have an adverse effect on the existing retail hierarchy.

50 5.2 Policy SH7 of the adopted Cumbernauld Local Plan, states: 'There will be a presumption against retail development where they are considered to have an adverse effect on the existing Central Area, District Centres and Local Centres." Policy SH9 identifies sites for new retail development.

5.3 The Regional Development Strategy requires that existing shopping centres are sustained and improved, and that they should be the focus for new investment.

5.4 Policy RET2A of the Strathclyde Structure Plan gives a list of criteria against which "proposals for retail development of over 2,000 square metres gross floorspace, outside existing centres" require to be justified. The development falls below this 2,000 square metre threshold in terms of the proposed Class 1 retail floorspace.

5.5 The Glasgow and Clyde Valley Joint Structure Plan 2000 seeks to ensure that the location of retail developments in excess of 1,000 square meters is appropriate in terms of the need to safeguard and promote the vitality and viability of Town Centres and that a sequential approach is used for these proposals.

6. Planning Assessment and Conclusions

6. I The proposed provision must to some extent be assessed against national and local policy guidance and the likely impact of the development on the town centre, other district centres and existing local facilities in the area taken into account. 6.2 The retail element of this site comprises a total of 1161 square metres of Class 1 (Retail) floorspace and therefore falls below the threshold set in both Strathclyde Structure Plan and NPPG 8 in terms of the requirement for a full retail impact assessment. 6.3 The applicant concedes that the site can not satisfy the sequential test required in terms of Paragraph 45 of NPPG 8. However, it could be considered that the proposed development seeks to provide a new local centre to meet an identified deficiency in local shopping provision and that as such the site should not satisfy this criterion, as NPPG 8 makes no provision for such facilities. 6.4 Greenfaulds is one of the older parts of the new town and was therefore developed on the 'neighbourhood concept'. Local shops and public houses were provided as an integral part of the housing layouts and most of these small local shops and pubs remain in operation. The Town Centre, which was designed to be the focus for significant retail developments, is closely linked to and integrated with these neighbourhoods. In addition, a number of local facilities are grouped around Cumbernauld railway station to the east. This additional facility, however, would provide a currently absent intermediate level of facility for the Greenfaulds area, falling between the convenient local shops within the housing areas and the more distant town centre. Furthermore, it's location on the existing distributor road and close to the railway station puts the facility on an existing network node. In these circumstances I consider that a limited level of retailing can be accommodated on the site. 6.5 In dealing with the original outline application for a retail unit on the site the Council considered it vital to restrict the size of any such unit in order to avoid significant impact on the town centre, district centres and other local facilities. Whilst it could be argued that the net increase in retail floorspace arising fiom this amended proposal is small, the combined impact of this plus the additional facilities proposed must still be taken into account. 6.6 In terms of the existing retail approval the current proposal would result in an increase of 161 square metres of gross floorspace, or approximately 15%. The level of provision will nevertheless be considerably less than at either Cumbernauld Town Centre or any of the District Centres in the area. The nearest District Centre at Condorrat is estimated to have in the region of 1600 square metres of convenience floorspace and 15 other service and retail units, whilst the two main convenience retail units in the Town Centre are both in excess

51 of 6 000 square metres in size. 6.7 The site largely satisfies the criteria established in NPPG 17 in that it is readily accessible by both bus and rail services. Improvements to the indicative site layout, which can be dealt with via the reserved matters, could provide more direct links to the proposed facilities. 6.8 The proposal is contrary to policy IB 1 in the adopted Cumbernauld Local Plan. Whilst the subsequent residential and retail permissions are material considerations, which to some extent may indicate a need to re-examine the future use of the site through the Local Plan review process, they do not override the plan policy. It must be recognised , however, that there would appear to be little likelihood of the site being re-used for industrial / business purposes, given the availability of more attractive locations in the area and the site, to date, has not attracted residential development. In these circumstances and having regard to the sites location I consider that, in principle, retail development is acceptable. 6.9 The Area Transportation Manager is satisfied that the development could be accommodated in terms of the impact on Greenfaulds Road and the local road network and that satisfactory facilities for pedestrians could be provided. It should be noted that this opinion is based on the Transport Impact Analysis submitted in relation to application N/00/.00220/OUT. This proposal, however, is identical in terms of basic design and layout, the only difference being a reduction in floorspace. 6.10 In terms of the issues raised by objectors, many of the concerns expressed relate to the impact of the development on residential amenity by virtue of disturbance through noise, possible vandalism, litter and smell. Particular concern is expressed regarding the possibility of noise late at night. These concerns should be viewed in the context of the possible re-use of the site for industrial purposes, which could give rise to many of the same problems, including noise arising through 24 hour operation of premises etc. 6.11 There are, however, no residential properties immediately adjoining the site. The closest properties are some 40 metres away across Greenfaulds Road. Furthermore the site is located on one of the principal Town distributor routes. In these circumstances I do not consider it is reasonable or appropriate to seek to limit the hours of operation through planning conditions. 6.12 In terms of the concerns expressed in relation to the increased traffic levels in the vicinity, again this should be viewed against the possibility of the site being re-used for industrial or business purposes and the resultant increase in traffic. In addition, the Area Transportation Manager is satisfied that the local road network can cope adequately with the traffic increase and that satisfactory and safe arrangements for pedestrians can be provided. Pedestrian safety may actually be improved with the provision of safe crossing points on Greenfaulds Road, where none exist at present. 6.13 Concerns expressed regarding the possibility of antisocial behaviour, drunkenness and vandalism, particularly in relation to the licensed premises are not valid planning considerations. 6.14 Whilst this proposal would result in a small increase in the amount of retail floorspace to be provided on the site, this would not be significant in terms of the ability of the unit to compete with other centres. In conjunction with this use the provision of a hot food unit and a public house is a more appropriate than either the residential use approved under the 6(1) or the continued use for industrial production in line with the local plan zoning. I would therefore recommend that outline planning permission be granted.

52 Application No: N/O 1/00 11 1 /OUT

Date Registered: 2nd. February 2001

APPLICANT: CARTER COMMERCIAL DEVELOPMENTS LTD., PILGRIM HOUSE, HIGH STREET, BILLERICAY, ESSEX CM12 9XY

Agent: Dundas & Wilson CS., Saltire Court, 20 Castle Terrace, Edinburgh EH1 2EN

DEVELOPMENT: ERECTION OF FOOD STORE (1,324 SQ.M. GROSS FLOOR AREA) (OUTLINE)

LOCATION: 1 GARRELL ROAD, KILSYTH

Ward No: 65 Grid: File Reference: MD Site History: CN/89/0005 : Extension to Industrial Building - Approved February 1989 CN/89/0 113 : Extension to Industrial Building - Approved November 1989 94/175/AD: Formation of Entrance Feature - Approved October 1994 N/99/00369/OUT: Erection of Food Store (Outline) - Approved June 2000

Development Plan: Kilsyth Local Plan 1999: Zoned Industrial Area (Policies IB 1&2) Strathclyde Structure Plan 1995 Glasgow and Clyde Valley Structure Plan, Finalised Draft, 2000

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: East Council, East of Scotland Water, West of Scotland Water No Reply: Conditions: The Coal Authority

REPRESENTATIONS:

Neighbours: One Newspaper Advert:

COMMENTS: The application is in outline for the erection of a 1,324 sq.m. gross floor area food store at 1, Garrell Road, Kilsyth. Outline planning permission (N/99/00369/OUT) was granted in June 2000 for a larger 2,556 sq. m. gross floor area food store on the site.

The site is zoned for industrial purposes in the Kilsyth Local Plan and is just outwith the designated Kilsyth Town Centre.

53 Rojuced by PLANNING APPLICATION NO: 01/0011VOUT Oepartmenl of Planning and Envfronment When Diwsim ERECTION OF FOODSTORE (OUTLINE) &on Way CUMBERNAUU) AT 1 GARRELL ROAD, KILSMH G67 1DZ 271530 EAST 677849 NORTH A ~alephoneoiz~~iwooF= oizs6iwa I * OBJECTOR 1:2500 This copy has been mudspeafidlyfa Rannzkiidingbntrd plrposes only oslJmcelA09041L Nofwthercoplesmy be made -2-

The proposed food store is only slightly larger than the largest of the existing food stores within the town centre. It is therefore expected that it will take trade away from the designated town centre to the detriment of its viability and vitality. In this respect the proposal is contrary to national guidance and Kilsyth Local Plan retail policies.

The previously approved food store is almost twice as large as that currently proposed. It was backed by expert analysis which concluded that due to its large size it would help reverse the trend of Kilsyth residents shopping in large food stores in surrounding towns. It was expected that many of the new Kilsyth shoppers attracted by the previously proposed large foodstore would visit the town centre thus at least compensating for any loss of trade from the town centre. The currently proposed foodstore is however considered to be too small to attract new shoppers, and as such is only likely to divert trade away from the existing town centre stores.

The applicants have failed to supply requested further information including a Retail Impact Assessment, more detailed plans and information on any ancillary proposals such as footpath improvements and pedestrian crossing links.

In the absence of a clear proposal for a pedestrian crossing link, it is considered that there would be danger to pedestrians crossing a dual carriageway to get between the town centre and the proposed store. It is not considered that the existing underpass is sufficiently attractive to ensure its use at all times.

It is considered that the proposed food store will adversely affect the vitality and viability of Kilsyth Town Centre, will be contrary to retail policy, will adversely affect pedestrian safety and will set a precedent for unsuitable retail development outwith the town centre. It is therefore recommended that planning permission be refused.

RECOMMENDATION: Refuse for the following reasons:-

1. That the proposed food store will adversely affect the vitality and viability of Kilsyth Town Centre by being detached from and diverting retail spending outwith the designated town centre; in this respect the proposal is contrary to National guidance and to Structure Plan and Local Plan retail policies which seek to retain and enhance the importance of the Town Centre.

2. That the proposed food store will adversely affect pedestrian safety by attracting pedestrians across the busy and wide Airdrie Road at a position with inadequate safe crossing for the anticipated extra pedestrian flows..

3. The applicants have failed to submit requested further plans and information necesssary for the fullest consideration of the proposed development.

That/ 55 -3-

4. That the proposed food store, if granted planning permission, may set a precedent which would make it difficult for the Planning Authority to refuse other similar applications.

List of Background Papers:

Application form and plan Kilsyth Local Plan 1999 Strathclyde Structure Plan 1995 Glasgow and Clyde Valley Structure Plan, Finalised Draft, 2000 National Planning Policy Guideline 8 “Town Centres and Retailing” Consultation letters from The Coal Authority, East Dunbartonshire Council, East of Scotland Water and West of Scotland Water Letter of representation from The Buccleuch Estates Ltd., c/o Cluttons, Property Consultants, 17 Dublin Street, Edinburgh EH1 3PG

Any person wishing to inspect these documents should contact Martin Dean on 01236-616459

Joan/Comaps2000/Martin.DM/O 1/00 11 1/OUT/29mrch

56 APPLICATION NO: N/O1/00111/OUT

1. SITE AND PROPOSAL

1.1 The application is in outline for a 1,324 sq.m. gross floor area food store at 1 Garrell Road, Kilsyth. The only plan submitted shows a red line round the full application site.

1.2 The proposed food store is on the opposite side of Airdrie Road from the designated Kilsyth Town Centre. There is a vacant industrial unit on the site.

2. DEVELOPMENT PLAN

2.1 Under the terms of the Kilsyth Local Plan 1999 the site is zoned as an industrial area (Polices IB 1 and 2).

2.2 Also relevant is retail policy SC2 which requires that the interests of Kilsyth Town Centre be taken into account when considering out of centre retail developments.

2.3 Strathclyde Structure Plan policies RET.1 and RETlA respectively seek to direct new retail development to town centres and require that the effect of out of centre developments on towncentres be taken into account.

3. PLANNING HISTORY

3.1 Planning permission (N/99/00369/OUT) was granted in outline in June 2000 for a 2,556 sq.m. food store. There was a separate Legal Agreement covering necessary improvements between the application site and the town centre.

4. CONSULTATIONS AND REPRESENTATIONS

4.1 Consultation response summaries are as follows:-

The Coal Authority: Ground movement from past underground working should have ceased. There are two mine entries within 20m of the application site. In view of the circumstances a prudent developer would seek appropriate technical advice before works are undertaken on site; East Dunbartonshire Council: It is considered that there are no issues of impact on East Dunbartonshire and accordingly there are no observations to submit; East of Scotland Water: A supply can be made available from the adjacent main; West of Scotland Water: There are public sewers in the vicinity which could service the proposed development.

4.2 One letter of objection has been submitted with the following points being made:-

- The proposed supermarket will be in direct competition with the existing retail traders within the town centre; - There is concern at the lack of integration with the existing town centre in terms of pedestrian crossings over Airdrie Road, a town centre gateway structure and improvements of the area around the Garrell Bum.

Observations/

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5. OBSERVATIONS

5.1 It is considered that the key issues are as follows:-

a) Potential affect on Kilsyth Town Centre: The proposed food store is only slightly larger than the Somerfield food store within Kilsyth Town Centre. There are also two other slightly smaller supermarkets within the town centre. It is reasonable to assume that the proposed store will therefore compete with and take trade away from Kilsyth Town Centre’s supermarkets. It is highly unlikely that the currently proposed food store will attract new retail spending to Kilsyth unlike the previously proposed larger food store. The proposed food store will therefore be detrimental to the town centre. No details of any link improvements between the application site and the town centre have been submitted. This is in contrast to the previous approval for the larger foodstore which was tied to a legal agreement for works and funding to make the pedestrian link to the town centre both shorter and more enticing.

b) National Guidance and Development Plan Retail Policies: National retail guidance is contained within National Planning Policy Guideline 8 “Town Centres and Retailing”. This seeks to protect and enhance town centres and promotes a sequential approach to selecting sites for new retail development. Under this approach first preference is always given to development opportunities in town centres and only if it can be demonstrated that all such options have been thoroughly addressed should out of centre locations be considered. It is stated however that even where a developer as part of a sequential approach demonstrates an out of centre location to be the most appropriate, the impact on the vitality and viability of existing centres has to be shown to be acceptable. Kilsyth Local Plan 1999 seeks to direct new investment into Kilsyth Town Centre. This is to help the town centre retain its retail importance. Policy SC2 states:- “In considering proposals for out of centre retail development, the Council will require to be satisfied that: Proposals will not individually or cumulatively prejudice the viability and vitality of existing shopping centres;. . .” Strathclyde Structure Plan policies RET. 1 and RET. 1A respectively seek to direct new retail development to town centres and require that the effect of out of centre developments on town centres be taken into account. The Finalised Draft of the emerging Structure Plan repeats the thrust of the above policies. With respect to the current proposal it is accepted that there are currently no available town centre sites for the precise size of food store sought by the applicants. It would however be open for the developer to seek to buy out one of the existing town centre supermarket operators and to modify their requirements. National Guidance, Structure Plan and Local Plan retail policies require that regardless of any other factors, out of centre retail development should only be acceptable if there is no unacceptable detriment to the viability and vitality of town centres. For reasons covered in Section 4(a) above, it is considered that there will be an adverse affect on Kilsyth Town Centre, and as such the proposal is contrary to National Guidance and to the Development Plan.

c) Pedestrian Safety: No proposal has been submitted on plan or in any supporting document for a traffic light controlled pedestrian crossing over Airdrie Road. In the absence of such a crossing pedestrians would require to use the subway crossing under Airdrie Road adjacent to the Garrell Bum. As this is a low, dark and often intimidating subway it is anticipated that many pedestrians would seek to cross over the wide and busy Airdrie Road to their obvious danger. 58 -3-

d) Lack of Information: The applicants have failed to supply a Retail Impact Assessment, a Transport Assessment, more detailed plans and information on whether ancillary items (such as a bus lay-by, a traffic light controlled pedestrian crossing and general improvements between the proposed food store and the town centre) are proposed. Although it is considered competent to process the application without this information, it is clear that its provision would allow the fullest possible consideration of the proposal.

6. CONCLUSION

6.1 In conclusion it is considered that the proposal would be detrimental to Kilsyth Town Centre, would be contrary to National Guidance and to Structure Plan and Kilsyth Local Plan retail policies, and would be a danger to pedestrians going to and from the proposed food store. The applicants have also failed to supply plans and information necessary for the fullest possible consideration of the proposal. A grant of planning permission would be likely to set a precedent for unsuitable retail developments outwith town centres. It is therefore recommended that planning permission be refused.

59 Application No: N/O 1/00 185/FUL

Date Registered: 20". February 2001

APPLICANT: COILCRAFT EUROPE LTD., 17-21 NAPIER PLACE, WARDPARK NORTH, CUMBERNAULD

Agent: Summerfield Associates, 12 St. Ninian's Avenue, Linlithgow EH49 7BP

DEVELOPMENT: CONSTRUCTION OF CAR PARK

LOCATION: 17-21 NAPIER PLACE, WARDPARK NORTH, CUMBERNAULD

Ward No: 57 Grid: 277570 - 677719 File Reference: AF Site History: N/O 1/00044/FUL: Creation of Additional Car Parking Spaces N/99/01461/FUL: Extension to Factory Unit

Development Plan: Cumbernauld Local Plan 1993 - Industrial Areas 1B1

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Two letters of objection Newspaper Advert: Not required

COMMENTS: This application seeks consent for the construction of a car park adjacent to Coilcraft Ltd., 17-21 Napier Place, Wardpark North, Cumbemauld. The proposed development would create eight additional car parking spaces in an area of existing soft and hard landscaping which lies between a group of industrial buildings. The application site is covered by Industrial Policy 1B1 of the Cumbernauld Local Plan 1993 which seeks to protect existing business uses.

Two/

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Two letters of objection have been received as a result of neighbour notification procedures. Both express concerns relating to loss of visual amenity, environmental issues and concerns over road safety matters. The Transportation Manager has no objections to the proposed development which whilst, having a limited effect on an area of landscaping within an industrial area, will provide increased parking at a congested location.

It is considered that the proposed car park will have only a limited effect on existing landscaping. This effect can be mitigated by the imposition of planning conditions. The proposed car park will not detrimentally affect road safety and will provide additional parking opportunities at a congested industrial location. This application is therefore recommended for approval subject to the application of the appropriate conditions.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

That before the development hereby permitted starts, a scheme of landscaping for the areas hatched green on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

a) details of any earth moulding and hard landscaping, grass seeding and turfing; b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, and d) details of the phasing of these works.

Reason: In order to ensure that a satisfactory scheme of landscaping is provided in the interests of amenity.

That within one year of the car park hereby permitted being brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 2 above, shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In order to ensure the implementation of a satisfactory scheme of landscaping in the interests of amenity.

That/ 62 -3-

4. That the car park hereby approved shall incorporate a 5.5 metre wide dropped kerb vehicular access at the connection to the public road constructed in accordance with the specification of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of road safety.

List of Background Papers:

Application form and plans Cumbernauld Local Plan 1993 Letters of objection from: FPD Savills, 17A Blythswood Square, Glasgow dated 23rd. February 2001; DQS, 1 25 Napier Place, Wardpark North, Cumbemauld dated 24'. February 2001. Consultation response fi-om the Transportation Manager dated 20th.March 200 1

Any person wishing to inspect these documents should contact Allan Finlayson on 01236-616479.

Joan/Comaps2000/Allan.F/N/O100 1 85F/28mrch

63 APPLICATION NO: N/01/00185/FUL

1. SITE AND PROPOSAL

1.1 This application seeks approval for the construction of a car park on land adjacent to Coilcraft Ltd., 17-2 I Napier Place, Wardpark North, Cumbemauld. The proposed development would create eight additional car parking spaces in an area of existing soft and hard landscaping which lies between a group of industrial buildings. The application site is covered by Industrial Policy 1B1 of the Cumbernauld Local Plan 1993 which seeks to protect existing business uses.

1.2 The application site comprises of a large central grassed area framed within areas of hard landscaping which provides pedestrian access to the surrounding industrial buildings and the industrial area in general. Smaller areas of soft landscaping surround the larger grassed area. The smaller soft landscaping areas consist of mainly shrub planting with one semi-mature tree and some large boulders. The existing landscaping is mature and provides a high quality visual space within an established industrial area.

2. CONSULTATIONS AND OBJECTIONS

2.1 Two letters of objection have been received as a result of neighbour notification procedures. One letter has been submitted by FPD Savills who act on behalf of the owners of Wardpark North Industrial Area. A second letter has been received from DQS, a neighbouring industrial premises. Both letters of objection express concerns over the potential effect on visual amenity, possible environmental issues such as exhaust fumes and the potential adverse effect on road safety.

2.2 The Transportation Manager has expressed no objections to the proposed development on the condition that a dropped kerb footway type crossing is provided. The proposed works are not considered to have an adverse effect on road safety.

3. OBSERVATIONS AND CONCLUSION

3.1 It is considered that the proposed works will have a limited effect on existing soft landscaping. The majority of the proposed hardstanding will however be accommodated within existing grassed and hard landscaping areas. These areas contribute less to the existing levels of visual amenity than the shrub and tree planting which will largely remain unchanged. The applicant proposes to remove one area of shrub planting in order to enable car park construction but has provided an undertaking to submit a scheme for replacement planting in this area.

3.2 The proposed works will result in the parking of eight cars closer to industrial premises than can presently occur. It is considered that such a small number of cars will not adversely effect environmental quality to a significant degree. It is further considered that the limited effect on environmental and visual quality is less significant when compared to the opportunity of providing improved parking provision within the Wardpark North area.

3.3 The proposed works will not, in the opinion of the Transportation Manager, adversely effect road safety. Instead the proposed works will assist in relieving car parking pressures on the adjacent Napier Road.

3.4 It is therefore recommended that this application is approved subject to the application of the appropriate conditions.

64 Application No: N/O1/00197/OUT

Date Registered: 2 1st February 200 1

APPLICANT: MR J F MONTGOMERY, DRUMGLASS FARM, CROY, G65 9TP

Agent: None

DEVELOPMENT: ERECTION OF DWELLING IN OUTLINE

LOCATION: DRUMGLASS FARM, CROY, G65 9TP

Ward No: 64 Grid: 272374 675564 File Reference: PW Site History: N/99/00829/FUL

Development Plan: Kilsyth Local Plan 1999

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: None Newspaper Advert:

COMMENTS : This application seeks consent for the erection of a single storey dwelling in outline on land adjacent and to the west of the existing farmhouse at Drumglass Farm, Croy.

The additional dwelling is required as the farmer’s son is soon to be married and requires a separate marital home from the existing farmhouse which he currently shares with his parents.

The site lies within the greenbelt as defined in the Kilsyth Local Plan 1999. As such, this application needs to be supported with a relevant agricultural justification. The applicant has provided a report from an agricultural consultant which demonstrates the need for the existing levels of manpower which include both Mr Montgomery senior and junior.

It is considered that the applicant has provided a sufficient justification in terms of manpower requirements and on site supervision. Furthermore, the applicant has also agreed to enter into a Section 75 legal agreement which would limit the occupation of any future dwelling to a person working on the farm. I/plan/pwill/drurn27 65 Flanrung and Envlronmt PLANNING APPLICATION NO: 01/00197/0UT CUMBERNAULD ERECTION OF DWELLING (OUTLINE) G67 ID2 AT DRUMGLASS FARM, CROY, KILSYTH PSFC&€dl-hYO~*Wl%PlQ* heFsmipaimd he Wldrd ler WWs It is therefore recommended that this application be approved subject to the completion of a Section 75 agreement .

RECOMMENDATION: Approve subject to the following conditions :-

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

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

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

(a) the siting, design and external appearance of all buildings and structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fencing; (e) the provision of drainage works; (0the disposal of sewage; (g) details of existing trees and hedgerows to be retained, and (h) details of existing and proposed site levels.

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

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

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

4. That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed full time in agriculture at Drumglass Farm, as defined in section 277 of the Town and Country Planning (Scotland) Act 1997, or such a person who has retired, or a dependant of such a person, residing with j him, or her, or the widow or widower, of such a person, or as otherwise defined in the Section 75 Legal Agreement.

Reason: In the interests of proper planning by ensuring that there is a continued agricultural justification for this proposed dwelling in the greenbelt.

List of Background Papers:

I/plan/pwill/drum27 67 Application forms, plans dated 20th February 200 1 Report from Hayes McCubbin Macfarlane, Agricultural Consultants dated 19th February 200 1 Observations of the Transportation Manager dated 20th March 200 1

Any person wishing to inspect these documents should contact Paul Williams on 01236-616464.

Note: It should be noted that Planning Permission will not be issued until an agreement under Section 75 of the Town and Country (Scotland) Act 1997 has been completed which restricts the occupancy of the dwelling house to a person employed full time in agriculture at Drumglass Farm.

I/plan/pwill/drum 2 7 68 APPLICATION NO: N/01/0197/OUT

1. SITE AND PROPOSAL

1.1 This application seeks consent for the erection of a dwelling in outline on a site immediately adjacent and to the west of the existing Drumglass farmhouse. The applicant requires a separate marital home due to his imminent nuptials. Currently the applicant shares residence of the existing farmhouse with his parents.

1.2 The farm has a total operational area of 493 acres, catering for a mixture of barley feed cropping, dairy cattle and beef cattle (267 livestock in total). It is situated to the south of Croy and is accessed from the road that connects the Blackwood roundabout to . The applicant intends to take over the occupancy of the main farmhouse upon the retirement of his parents at which time they would move into the dwelling for which this application seeks permission.

1.3 The site lies in the greenbelt as defined in the Kilsyth Local Plan 1999 and as such, this application is supported by an accompanying agricultural justification report.

2. CONSULTATIONS AND OBJECTIONS

2.1 No objections have been received as a result of neighbour notification or consultation

2.2 The Transportation Manager has expressed no objections to the proposal and considers that the existing access is satisfactory and capable of supporting the proposed additional house.

3. OBSERVATIONS AND CONCLUSION

3.1 The accompanying agricultural report demonstrates that the current operation of 493 acres of land and 267 livestock requires 9641 man hours per annum, or 5.26 labour units per annum. Furthermore, the livestock requirement disregarding all crop operations is 3.9 labour units per annum.

3.2 The farm is currently operated by Mr Montgomery Senior and Mr Montgomery Junior with other help supplied by casual labour and other family members when available. Mr Montgomery Senior is expecting to retire within the next 5 years at which Mr Montgomery Junior and wife would move into the main farmhouse and employ a second labour unit who would eventually be accommodated in the dwelling for which this application seeks approval.

3.3 Greenbelt policy GB3 states that there will be a presumption against new dwellings in the greenbelt unless required for the furtherance of agriculture. It is considered that the accompanying report by Hayes McCubbin Macfarlane adequately demonstrates that at least 5 labour units per annum are required to run the farm. Taking into account the employment of casual labour and family when convenient, the necessity for at least two full time, on site, workers is recognised.

3.4 As such, it is considered that an additional dwelling is justified in agricultural terms when assessed in terms of the imminent marriage of Mr Montgomery Junior and retirement of Mr Montgomery Senior.

3.5 This application is therefore recommended for approval subject to the appropriate conditions and to the applicant entering into a Section 75 agreement, which limits the occupancy of the proposed house to a person solely employed full time in agriculture at Drumglass Farm or a person who has retired from full time occupation on the farm or a dependant or widow or widower of such a person.

I/plan/pw ill/dru m27 69 Application No: N/O1/00209/FUL

Date Registered: 23'd. February 200 1

APPLICANT: MR. J. COIA, ELMBANK, CASTLECARY ROAD, CASTLECARY, CUMBERNAULD G68 OHQ

Agent:

DEVELOPMENT: ERECTION OF DOMESTIC GARAGE

LOCATION: ELMBANK, CASTLECARY ROAD, CASTLECARY, CUMBERNAULD

Ward No: 57 Grid: 278649-678054 File Reference: AF Site History: None

Development Plan: Cumbernauld Local Plan 1993: Residential Amenity Policy HG4

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water, West of Scotland Water, British Gas, Scottish Power, West of Scotland Archaeology Service No Reply: Conditions:

REPRESENTATIONS:

Neighbours: One letter from neighbouring house Newspaper Advert: Not required

COMMENTS: The application seeks consent for the erection of a domestic garage in the rear garden of Elmbank, Castlecary Road, Castlecary. The application site is covered by residential amenity policies of the Cumbernauld Local Plan. The application site has no direct vehicular access to the adjacent Castlecary Road. The applicant proposes to access the garage by utilising the driveway of the adjacent property over which he claims he has a right of access. One letter of objection has been received. This objection disputes the applicant's claim of right of access over the neighbouring site. No objections have been received as a result of consultation procedures

The/

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The proposed garage is of an acceptable size and in an appropriate location. The proposed method of access is suitable in terms of planning policy and in the view of the Transportation Manager. The applicant’s right to use the proposed access is a civil matter between the applicant and the adjacent neighbour. This application is therefore recommended for approval subject to the following appropriate conditions:-

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

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

Reason: To ensure that the approved garage matches the appearance of the existing dwellinghouse thereby maintaining visual amenity.

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

Reason: In the interests of the privacy and amenity of an established residential area.

List of Background Papers:

Application form and plans Cumbernauld Local Plan 1992

Letter of objection from Mr. MacLean, Station View Garage, Castlecary, Cumbernauld dated 5 March 200 1I Consultation response from the Transportation Manager dated 22 March 200 1. Consultation response from Scottish Power dated 13 March 2001. Consultation response from Transco dated 6 March 2001. Consultation response from West of Scotland Water dated 9 March 200 1. Consultation response from East of Scotland Water dated 23 March 200 1.

Any person wishing to inspect these documents should contact Allan Finlayson on 01236-616472

Joan/Comaps2000/Allan.F/O 100209Fl27mrch 72 APPLICATION NO: N/01/00209/FUL

1. SITE AND PROPOSAL

1.1 This application seeks approval for the erection of a domestic garage in the rear garden of Elmbank, Castlecary Road, Castlecary. The proposed garage is approximately 36 metres square, approximately five metres high and is to be constructed in materials matching those used in the existing dwellinghouse.

1.2 The application site is a semi-detached stone built dwellinghouse located directly adjacent to Castlecary Road, Castlecary. The application site has no direct vehicular access onto the adjacent Castlecary Road and there is no means of forming an additional access. The applicant proposes to access the garage by utilising the existing vehicular access of the adjacent property.

1.3 The application site covers approximately 360 sq.m. The existing dwellinghouse covers approximately 66 sq.m., and the proposed garage covers approximately 36 sq.m. The application site is bounded to the north by Castlecary Road and by dwellinghouses on all other boundaries.

2. CONSULTATIONS AND OBJECTIONS

2.1 One letter of objection has been received as a result of neighbour notification procedures. The letter has come from the owner of the adjacent semi-detached dwellinghouse over which the applicant proposes to take vehicular access. The grounds of objection relate to the issue of vehicular access. The objector contests the applicant’s claim that a right of access exists over his property. No other grounds of objection have been raised.

2.2 The Transportation Manager has expressed no objections to the proposal on the grounds that an existing vehicular access will be used. Additional consultations have been issued to the West of Scotland Archaeology Service, East of Scotland Water, West of Scotland Water, British Gas and Scottish Power. No objections have been received as a result of these consultations

3. OBSERVATIONS AND CONCLUSION

3.1 It is considered that the proposed garage is of an appropriate size and sited in an acceptable location in the rear garden of a property with no previous extensions. Furthermore, it is considered that the proposed garage is in accordance with the terms of existing Local Plan policies relating to residential amenity. No concerns over issues of privacy or visual amenity have been raised by the proposed works. In addition no objections on these grounds have been raised as a result of neighbour notification or consultation procedures.

3.2 The grounds of objection received from the adjacent neighbour relate solely to a legal right of vehicular access. This matter is a civil issue between both affected parties and is not an issue which can be addressed through the planning system.

3.3 It is therefore considered that the proposed domestic garage is of an appropriate size, design and location. It is further considered that the domestic garage will not have any adverse effect on the privacy or amenity of the surrounding established residential area.

3.4 It is therefore recommended that this application is approved subject to the application of the appropriate conditions.

73 Application No: N/O1/00231/LUC

Date Registered: 2nd. March 200 1

APPLICANT: MR. CRAIG McCALLUM, AUCHENGREE NURSERY, LENZIE ROAD, STEPPS, GLASGOW G336BH

Agent: RPS Chapman Warren, 7 Clairmont Gardens, Glasgow G2 7LW

DEVELOPMENT: PLANT NURSERY WITH SUBSIDIARY SALE OF PLANTS AND SMALL ANCILLARY GARDEN GOODS (APPLICATION FOR CERTIFICATE OF LAWFUL USE)

LOCATION: AUCHENGREE NURSERY, LENZIE ROAD, STEPPS

Ward No: 69 Grid: 265624 - 66935 1 File Reference: MD Site History: N/00/00657iFUL: Erection of Shop, Office and Storage Building - Approved September 2000; N/99/00909/FUL: Change of Use from Nursery to Nursery and Caravan Storage --Refused October 1999. Appeal dismissed; Enforcement Notice served February 1999 concerning the unauthorised storage and sale of caravans and the associated storage of commercial vehicles; N/97/299/OUT: Erection of Dwelling (Outline) - Refused March 1998 for greenbelt, amenity and precedent reasons; N/97/298/FUL: Change of Use of Nursery to Garden Centre and Storage/Sale of Caravans - Refused March 1998 for greenbelt, amenity and precedent reasons; TP/93/547: Extension and Alterations to Dwelling - Approved December 1993; TP/91/335: Erection of Dwelling - Refused September 1991 for greenbelt, road safety and precedent reasons; ADV/87/220: Renewal of Consent for Signboard - Approved June 1987; ADV/82/77: Erection of Signboard - Approved March 1982; ADV/8 U701 : Erection of Signboard - Refused June 1982 for amenity and road safety reasons.

Development Plan: Strathkelvin District Southern Area Local Plan 1983; Greenbelt (E.PR0 2); Northern Corridor Finalised Draft Local Plan 2000, Greenbelt (ENV 2-8).

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

Representations1 74 Auchengree Farm

/'

Rcduced by ~epartmentof manning and Environment PLANNING APPLICATION NO: 01/00231/LUC N Mhem Ciwsion PLANT NURSERY WITH SUBSIDIARY SALE Bron Way I CUMBEWULD OF PLANTS AND SM4-L ANClUlARY GARDEN GOODS GS7 1DZ AT AUCHENGEE NURSERY, LENZIE ROAD STEPPS

1 Tdephone01236616400 ~ax01236616420 ~ 265624 EAST 669351 NORTH 7c 1:2500 This copy has been produced speaficdly for Ranni a&ildlng contrd plrposes only os Lloence LA09041L No furthec mple5 my %?-e.de. -2-

REPRESENTATIONS:

Neighbours: None Newspaper Advert: Not required

COMMENTS: The application is for a Certificate of Existing Lawful Use for a plant nursery with subsidiary sale of plants and small ancillary garden goods at Auchengree Nursery, by Stepps.

A development is deemed to be lawful under the terms of Section 150 of the Town and Country Planning (Scotland) Act 1997 if it is immune from planning enforcement action. In such circumstances a Certificate of Existing Lawful Use must be granted.

It is considered that sufficient evidence has been submitted to reasonably establish that a nursery and subsidiary garden centre has operated for a sufficient period to be a lawful planning use. It is therefore recommended that a Certificate of Lawful Use be granted.

RECOMMENDATION: That a Certificate of Lawful Use be issued for a plant nursery with subsidiary sale of plants and small ancillary garden goods at Auchengree Nursery, (see approved plans) Lenzie Road, Stepps.

List of Background Papers:

Application form, plans and supporting evidence Town and Country Planning (Scotland) Act 1997

Any person wishing to inspect these documents should contact Martin Dean on 01236-61 6459

Joan/Comaps2000blartin.D/010023 1 LUC/27mrch

76 APPLICATION NO: N/01/00231/LUC

1. SITE AND PROPOSAL

1.1 The application is for a Certificate of Existing Lawful Use for a plant nursery with subsidiary sale of plans and small ancillary garden goods at Auchengree Nursery, by Stepps.

1.2 A development is deemed to be lawful under the terms of Section 150 of the Town and Country Planning (Scotland) Act 1997 if it is immune from planning enforcement action, i.e. if the use has operated from a given site for more than ten years.. In such circumstances a Certificate of Existing Lawful Use must be granted.

1.3 The application site is identified as greenbelt in both the Strathkelvin Southern Area Local Plan 1983 (E.PR02) and the Northern Corridor Finalised Draft Local Plan 2000 (ENV.2-8). This is not however relevant to the Lawful Use Certificate application which requires to be determined through points of planning legislation rather than through development plan considerations.

2. PLANNING HISTORY

2.1 Where relevant this is detailed in Section 4 below.

3. CONSULTATIONS AND REPRESENTATIONS

3.1 Due to the specific planning regulation issues to be determined through this application no consultations have been necessary.

3.2 No representations have been received.

4. OBSERVATIONS AND CONCLUSION

4.1 The applicant claims that a nursery/subsidiary garden centre use is lawful as the development has taken place for over ten years, and as such is outwith the period for which any theoretical enforcement action could be taken. Supporting evidence is:-

- A rates notice from 1995 identifying the property as a garden centre; - Receipts for a variety of nursery and garden centre activities dating from 1974 to 1996; - Over ten years continuous annual listing from 1985 in the Yellow Pages as a nursery/garden centre.

4.1 There is no record of planning permission being granted for a nursery or garden centre at the site. Advertisement consent was however granted in March 1982 for a signboard which reads “T. Robertson, Auchengree Nursery - Potatoes, Conifers, Pot Plants”. The nursery/garden centre is therefore recognised as an established and acceptable use in this greenbelt location.

4.2 In determining the Lawful Use Certificate application it is considered that the key issues are as follows:-

a) Has it been satisfactorily shown that the development has operated for more than 10 years and is therefore immune from any threat from enforcement action? Response: In this respect it is considered that there is sufficient supporting evidence to show that the use has taken place for more than 10 years. This is backed by local knowledge of the property supplied by third parties;

Has/ 77 -2-

Has there been any recent abandonment of the nurserylgarden centre use, and has the recent use of the site for caravan storage and sales affected claims of continuous use as a nurserylgarden centre? Response: Although the nursery/garden centre use has greatly diminished since the applicant took over the site in 1997 he has always claimed that it is his intention to re-establish this use. He has also claimed that this use has continued, albeit ina much reduced form, as a subsidiary use to the recent unauthorised caravan sales and storage. In these circumstances it is not considered that there has been an abandonment of the nursery/garden centre use. As such recent events do not hinder the establishment of lawful use status for a nursery/garden centre. Does the application description properly cover the lawful use of the site? Response: The description of “Plant Nursery with Subsidiary Sale of Plants and Small Garden Goods” has been established by this Department, in conjunction with the applicant, to properly reflect the lawful planning use of the site. This relates to the submitted evidence and to local knowledge. It should be noted that the applicant has been advised by this Department on a number of occasions to re-establish this use in a more substantial form both as an acceptable development in the greenbelt and as a basis for the potential establishment of other related uses (subject to planning approval) such as a tea-room.

4.3 Taking account of the above factors it is considered that the lawful use of the Auchengree Nursery site has been established as a plant nursery with subsidiary sale of plants and small ancillary garden goods, and as such a Lawful Use Certificate to this effect should be issued.

78 Application No. C/00/00600/FUL Date registered 25th May 2000 APPLICANT SPEYRIDGE LIMITED, UNIT 1, CADZOW PARK, HAMILTON, ML3 6BJ

Agent DEVELOPMENT ERECTION OF 1,495 SQ.M. CLASS 4 OFFICE FLOORSPACE AND 1,187 SQ.M. LEISURE FLOORSPACE LOCATION BRITISH REINFORCED CONCRETE COATBANK STREET COATBRIDGE LANARKSHIRE ML5 3 SR

Ward No. 34 Grid Reference 273742 664864

File Reference C/PL/CTC5 12/DB/KH

Site History Planning Consent has been granted for the following applications 80/219 For Extension & Alteration to Factory, 841480 for Erection of New Office and Facelift of Existing Building and 88/141 for Enclosure of Existing Work Area.

Development Plan The site is zoned ECON2 Existing General Industrial Area in the Monklands District Local Plan 1991

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection The Coal Authority, West Of Scotland Water, Transco, Scottish Power, BT Conditions No Reply

REPRESENTATIONS Neighbours No response

Newspaper No response Advertisement

COMMENTS This application relates to the demolition of the former BRC Factory, Coatbank Street, Coatbridge and the erection of 3 business pavilions providing 1,495 sq.m. of Class 4 Floorspace and a 1,187 sq.m. Fitness Centre. Following advertisement of the proposed development in the local press and the normal neighbour notification procedure no representations were received. The utility companies have no objection to the proposal. The sites is zoned ECON2 Existing General Industrial Area in the Monklands District Local Plan 199 1. This policy indicates that the Council supports the continuation of industrial use unless it is proven to be impractical due to unsuitable buildings or if there are major benefit to the community from a change of use. In this instance the existing buildings appear to be unsuitable for industrial use as they have remained vacant for several years. The proposed development will provide modem business facilities and a fitness centre that are located near to the town centre and well served by public transport. Subject to the attached conditions I believe that there will a significant visual benefit to this area while bringing the site back into productive use.

R0000600 79 Produced by oepemnem of Planning and Environment PLANNING APPLICATION NO. C/OO/OO6OO/FUL Central Division Municipal Buildings ERECTION OF 1,495 SQ.M. CLASS 4 OFFICE FLOORSPACE LANARKSHIRE Kildonan Street AND 1,187 SQ.M. LEISURE FLOORSPACE COATBRIDGE AT BRITISH REINFORCED CONCRETE, COATBANK STREET, ML5 3LN A RwedLau fmn Gm hbYnm SunympF4rq rr*h COATBRIDGE. mmnnwanofmsmmmq omo wa*n Comm#lumw Telephone 01236 812222 Fa. 01236 431068 Rn ':2500 unmw!ndnpmdoduHo"~~eo~l mls copy has been produced specifically for Plannm~an~EulldlngControl purposes only .MmvbMb OS Licence LA 09041L NO further copies may be made RECOMMENDATION

Grant, subject to the following conditions:-

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

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

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

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

3. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; and (c) details of the phasing of these works.

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

4. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of-

(a) the proposed footpaths; (b) the proposed parking areas; (c) the proposed external lighting provided for the parking areas; and (d) the proposed grassed, planted and landscaped areas and the proposed fences to be erected as agreed under the terms of condition 3 above.

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

5. That within one year of the completion of the office pavilions and fitness centre; hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure appropriate landscape treatment of the site in the interest of visual amenity

6. That within one month of the implementation of the landscaping scheme approved under condition 3 above the management and maintenance scheme approved under the terms of condition 4 above shall be put in place.

Reason: To ensure appropriate maintenance of the parking and landscaped areas in the interest of traffic safety and visual amenity.

R0000600 81 7. That before the development hereby permitted is completed or occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

8. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed or occupied, everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety,

9. That prior to the completion or occupation of the development hereby permitted the improvement to the junction of Coatbank Street and Coatbank Way outlined GREEN on the approved plans shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of traffic safety

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

Reason: To ensure that any prior potential contaminative uses are identified and treated.

11. That before the development hereby permitted starts, full details of the works required to ensure the integrity of the retaining wall shown ORANGE on the approved plans shall be agreed in writing with the Planning Authority and the development shall not be completed or occupied until the works have been completed.

Reason: In the interest of traffic and pedestrian safety and visual amenity

List of Background Papers

Application form and plans dated 18 May 2000,4 December 2000,7 February 200 1,27 February 200 1 Traffic Impact Assessment Report from Goodson, Cole Transportation dated 5 October 2000 Adopted Monklands District Local Plan 1991 Letter from Applicant dated 15 June 2000, 14 August 2000, 11 December 2000,7 February 2001 Letter to Applicant dated 6 December 2000 Consultation response from West of Scotland Water received on 13 June 2000 Consultation response from The Coal Authority received on 13 June 2000 Consultation response from Transco received on 13 June 2000 Consultation response from Scottish Power received on 21 June 2000 Consultation response from BT received on 26 June 2001 Consultation response from Transportation Manager received on 26 June 2000,9 November 2000,26 February 200 1 Consultation response from Protective Services Manager received on 12 July 2000,6 March 2001.

R0000600 82 Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter.

R0000600 83 APPLICATION NO. C/OO/OO6OO/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application relates to the former BRC factory on Coatbank Street, Coatbridge. Initially Outline consent was sought for a Class 4 Business Use. Following an approach by a company interested in erecting a Fitness Centre the proposal was amended to Erection of 1,495 sq.m. Class 4 Office floorspace and 1,187 sq.m. Leisure Floorspace

1.2 The Class 4 office space consists of 3 pavilions located to the south of the site and the fitness centre would be sited to the north east of the site. The proposed development would be accessed from Coatbank Way and the existing junction with Coatbank Street would be altered to the necessary standard.

2. REPRESENTATIONS & CONSULTATION

2.1 Following neighbour notification and advertisement in the local press no responses were received.

2.2 The following consultees have indicated no objection to the proposal; The Coal Authority, West of Scotland Water, Transco, Scottish Power, BT

2.3 A traffic impact assessment report was submitted by the applicant and confirmed that improvements to the junction of Coatbank Way and Coatbank Street were required to ensure no adverse impact on the movement of traffic. These works are covered by a condition. Layout details have been altered to ensure appropriate access and egress from the site and satisfactory parking and maneouvring within the site.

2.4 The Protective Services Manager has indicated that a detailed history of the site be obtained to ascertain if any contaminative uses have been carried out within the site and ensure appropriate ground criteria are met for the proposed development. A condition has been attached to the recommendation to address this issue and an advisory note will be added related to potential noise, dust and vibration arising from the demolitiodconstruction works

3. POLICY CONTEXT

3.1 The site is zoned ECON2 Existing General Industrial Area in the Monklands District Local Plan 199 1. This policy indicates that the Council supports the continuation of industrial use unless it is proven to be impractical due to unsuitable buildings or if there are major benefits to the community from a change of use.

4. ASSESSMENT

4.1 This application proposes to remove an industrial building that has remained vacant for several years on a main route through Coatbridge near to the town centre. The site is well served by public transport and subject to improvements to the junction at Coatbank Way and Coatbank Street should not raise any issues of traffic movement and safety.

4.2 In terms of the local plan policy the existing buildings appear to be unsuitable for industrial use as they have remained vacant and derelict for several years. The proposal would therefore remove this unattractive building while introducing both business and leisure developments to the site which will benefit the community.

5. CONCLUSION

5.1 The proposed development will provide modem business facilities and a fitness centre that are located near to the town centre and well served by public transport. Subject to the attached conditions I believe this development will bring significant visual benefit to the area and restore the site back to productive use. I therefore recommend conditional approval of the proposals.

R0000600 84 Application No. Ci0010 104410UT Date registered 30 August 2000 APPLICANT MR & MRS J McCRORY, 2 MANSE ROAD, BARGEDDIE

Agent DEVELOPMENT ERECTION OF CHILDRENS NURSERY (IN OUTLINE) LOCATION LAND TO THE SOUTH OF 2 MANSE ROAD, GARTCOSH ROAD, BARGEDDIE

Ward No. 36 Grid Reference 269946 664677

File Reference CiPL117 1651200 112/000/KC/SOH

Site History The application site forms part of a larger area of ground that was the subject of the following previous applications :- P89118 - Use of Land for Industrial Purposes (Outline) - Approved September 1989. P923 14 - Erection of Dwelinghouse and garage for Storage and Maintenance for Commercial Vehicles (Outline) - Approved November 1992. P93024 - Erection of Dwellinghouse and Garage for Storage and Maintenance of Commercial Vehicles (reserved matters) - Approved May 1993.

Development Plan In terms of the Adopted Monklands District Local Plan 1991, the site has the following policy zoning:-

Policy ECON 511 Rehabilitation of Industrial Sites, Coatbridge Road, Bargeddie

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection West of Scotland Water, The Coal Authority Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement No Response

COMMENTS The proposal is for the development of approximately 1 hectare of land on the southside of Manse Road, Bargeddie as a Children’s Nursery. The site currently forms part of a lony park . Initially, the proposed site was located at the south west corner of the site. However, for traffic safety reasons there were serious concerns about an access being taken from Gartcosh Road. Discussion with the applicant has resulted in the site being located to the north west corner of the site, with its own access onto Manse Road. I am satisfied that the amended location is acceptable. Further information, particularly policy zoning and transportation issues are discussed in the accompanying background report. I therefore recommend for the reasons outlined in the background report that planning permission be granted permission subject to conditions.

R0001044 85 -_

...... WNSE ROAD

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Municipal Buildings Kildonan Street

1 Telephone 01236 812222 Fax. 01236 431088 ' '71 Unaulhorload reprodudion mlnnger Crown COPYilght Thls copy has been produced specifically for PlanninYakfBuilding Control purposes Only ' and may lead10 prowcullon Or CWprOoeedY?gL OS Licence LA 09041L No further copies may be made 1 .- I RECOMMENDATION

Grant, subject to the following conditions.

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

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

2 That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 3 below, shall be made to the Planning Authority.

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

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

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

4. That for the avoidance of doubt, the application for reserved matters requires in respect of item (c) above to include details of a new footway connection from the existing footway at Gartcosh Road to the westernmost point of the site, as coloured red on the approved plan.

Reason: In order to provide pedestrian access to the site.

5. That for the avoidance of doubt, the application for reserved matters requires in respect of item (d) to include details of a wall around the site which steps up from 1 metre in height at the front of the site, to 2 metres at the eastern side of the building, up to a maximum of 3 metres around the play area proposed at the rear of the site.

Reason: In order to reduce the possibility of noise and dust pollution, and provide a secure enclosure around the site.

6. That notwithstanding the details requested in condition 3 (b), a separate vehicular access shall be provided for the nursery.

Reason: In order to avoid vehicular conflict between the nursery and lorry park uses.

7. That, for the avoidance of doubt, this permission does not imply approval of the indicative layout provided as part of this application.

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

ROOO 1044 87 List of Background Papers

- Application form and plans received 30 August 2000 - Monklands District Local Plan 1991 - Consultation response from the Coal Authority dated 13 September 2000 - Consultation response from West of Scotland Water dated 11 September 2000 - Consultation response from North Lanarkshire Council Transportation Department dated 1 September 2000 - Letter to agent, Mr. J. Bradley, 30 Stanley Drive, Bishopbriggs dated 10 October 2000 - Letter from applicant, Mr. J. McCrory, 2 Manse Road, Bargeddie dated 17 January 200 1 - Consultation response from North Lanarkshire Council, Local Plan Team dated 3 1 January 2001 - Letter to applicant, Mr. J. McCrory, 2 Manse Road, Bargeddie dated 9 February 2001

Any person wishing to inspect the above background papers should telephone Coatbridge 812384 and ask for Miss Kirsten Cairns.

ROOO 1044 88 APPLICATION NO. C/00/01044/OUT

REPORT

1. SITE AND LOCATION

1.1 The application site is located to the south of Manse Road, Bargeddie. The site measures approximately 1 hectare and comprises of an area of ground that presently forms part of a large lony park area with an associated dwelling house occupied by the applicants, Mr. & Mrs. McCrory. The application site fronts onto Manse Road, and will have a vehicular access, separate from the adjacent lorry park access.

2. THE APPLICATION

2.1 The applicant is seeking consent, in outline at this stage, for the use of the application site as a children’s nursery. An indicative layout submitted with the application shows a stand alone building within the site with outdoor play area and sufficient parking provision. Vehicular and pedestrian accesdegress to/fiom the site is indicated at the sites northern boundary onto Manse Road.

3. REPRESENTATIONS

3.1 No adverse representations were received against this proposal as a result of the statutory neighbour notification and public advertisement process.

4. POLICY CONTEXT

4.1 The application site is covered by Policy 5/1 of the Adopted Monklands District Local Plan 1991.

Policy ECON 5/1 allocates the site at Coatbridge Road, Bargeddie for ‘rehabilitation of industrial sites’. The local plan recognises that where sites covered by this specific policy are not capable of development for general industry, the Authority will seek their stabilisation, servicing and environmental improvement to make them suitable for industrial use.

5. CONSULTATION

5.1 As a result of the statutory consultation process carried out in respect of this proposal the Transportation Manager advised that the proposed access location was unacceptable as it was too close to the junction with Gartcosh Road where two other accesses currently exist. It was recommended that no access be taken fiom Gartcosh Road and that access to the application site should be taken from Manse Road at a separate point from the existing lorry park access. The applicant through consultation with the Department has submitted amended plans which sufficiently take account of the Transportation Managers concerns.

6. ASSESSMENT

6.1 The proposal as submitted requires primarily to be assessed not only against its appropriateness and compliance with the relevant Development Plan policy, but also in terms of its suitability from a traffic safety point of view.

6.2 The application site is wholly located within an area designated in the Local Plan as Industrial (Policy ECON 511) and has operated as such successfully since 1993 as a consequence of the granting of planning permission for the use of a larger area (including the current application site) for the erection of a dwellinghouse and garage for the storage and maintenance of commercial vehicles. The current application site presently forms part of the lorry park area. As a residential presence exists within this industrial area adjacent to the proposed site, it is considered that the nursery use is compatible. Furthermore, it is assumed that there will be demand for such a use with the recent granting of planning permission for a major residential development nearby at the land to the east of Gartcosh Road, and north of Coatbridge Road.

ROOO 1044 89 6.3 Whilst having regard to the foregoing I consider it appropriate that the environmental consequences of such a sensitive use being proposed within an industrial location merits careful consideration.. The presence of large vehicles (lorries etc.) on a site directly adjacent to a nursery school with outside play area is not normally conclusive to the general wellbeing of the nursery occupants (i.e. children) due to the inevitable high level of noise (from engines etc.) and fumes emanating from that site. However, it is felt that a wall which steps up in height from 1 metre at the front of the site, to two metres at the side of the building, to a maximum height of 3 metres at the rear of site, will go a long way to alleviate any noise or fumes associated with the lorry park.

6.4 There is also the possible problem of the conflict of large commercial vehicle movement in the vicinity of the nursery. However, the provision of a separate access to the nursery site, (the initial proposal indicated a shared access), with parking provision to the front of the building should ensure a safe environment. Furthermore, the applicant will be required to provide a footpath link from the junction of Gartcosh Road, across the length of the site, to ensure that a safe environment is created for pedestrians.

7. CONCLUSION

7.1 Having assessed the proposal I consider that while it is not completely compliant with the Local Plan policy zoning, it is an acceptable use, providing the aforementioned traffic and pedestrian safety, and noiseldust attenuation measures are adhered to. I therefore recommend that the application be granted permission subject to appropriate conditions.

R0001044 90 Application No. C/OO/O 1277iFUL Date registered 27 October 2000 APPLICANT PORTER DEVELOPMENTS, 2 BANKHEAD PLACE, AIRDRIE, ML6 8JN

Agent John S Angus Associates, 7 Victoria Place, Airdrie, ML6 9BU DEVELOPMENT ERECTION OF RESIDENTIAL DEVELOPMENT COMPRISING 17 NO. DWELLINGHOUSES AND FORMATION OF COURTYARD AREA

LOCATION FORMER OUTDOOR PURSUITS CENTRE, AIRDRIE ROAD, CALDERCRUIX, AIRDRIE, ML6 8PA

Ward No. 46 Grid Reference 280843 667527

File Reference C/PL/CCA240 1772000/GPQ/md

Site History See accompanying report.

Development Plan Adopted Monklands District Local Plan 1991: Policy GB 1 (Greenbelt), LI/1 - High Quality Landscape Design Guidance -New Houses in the Countryside Strathclyde Structure Plan 1995: Policy GB 1 (Greenbelt), Policy GB 1A (Greenbelt).

Contrary to Yes Development Plan

CONSULTATIONS

Objection No Objection Scottish Power, West of Scotland Water, Transco, Coal Authority and Protective Services Division Conditions No Reply CSCT

REPRESENTATIONS Neighbours Two

Newspaper One Advertisement

COMMENTS The applicants, Porter Developments, seek detailed planning permission for the conversion and extension of the former school building (most recently used as a outdoor pursuits centre) for residential development. The development would involved 17 residential units in total, and would be formed around the main traditional school building, with complementary parking, landscaping works and access roads (from the A89 Airdrie Road).

Following assessment of the proposals, taking into account the development plan and other material considerations, it is concluded that planning permission may be granted, subject to conditions.

R0001277 91 I J

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6229

- Produced by 1 PLANNING APPLICATION NO C/OO/O1277/FUL I Department of Planning and Environment ERECTION OF RESIDENTIAL DEVELOPMENT I 1 Central Dlvlslon Municipal Buildings COMPRISING 17 NO DWELLINGHOUSES AND Kildonan Street FORMATION OF COURTYARD AREA AT FORMER COATBRIDGE OUTDOOR PURSUITS CENTRE AlRDRlE ROAD, CALDERCRUIX 1 ML53LN * OBJECTORS n9 Telephone 01236 812222 Fax 01236 431068 This copy has been produced specifically for Plannidah'Bulldlng Control purposes only ' OS Licence LA 09041 L No further copies may be made I RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That none of the dwellinghouses within any areas of the proposed extensions (Blocks B, C and D) shall be occupied until the original building (Block A) has been fully converted in accordance with the approved drawings and any Building Warrant(s) granted under the Building ( Scotland) Acts (as amended )

Reason: In order to ensure that the original building forms the main feature and centrepiece of the proposed new development

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

Reason: In order to ensure that the extensions proposed are sympathetic to the original building and to the surrounding rural environment

4. That all roof areas of the extensions shall be finished in natural slate unless otherwise approved in writing by the Planning Authority

Reason: In order to ensure that the extensions proposed are sympathetic to the original building and to the surrounding rural environment

5. That the external wall areas of the proposed extensions shall be finished in natural stone andor a painted render, unless otherwise agreed in writing by the Planning Authority

Reason: In order to ensure that the extensions proposed are sympathetic to the original building and to the rural environment

6. That before the development hereby permitted starts, details of the method and specification of all stonework repairs to the original building shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required

Reason: In order to ensure that the original building is sensitively restored so that its visual amenity is fully utilised

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

Reason: In order to ensure that any boundary treatment is sympathetic to the original buiding and to the rural environment

8. That before the development hereby permitted starts, a scheme of landscaping for all the lawn, landscape and planting areas indicated on the approved drawing, including boundary treatment,

R0001277 93 Y shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

Reason: In order to ensure that all new and existing planting is of a specification and location that complements the proposed development and the surrounding rural environment

9. That within one year of the occupation of the frst dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In order to ensure that the landscaping works are implemented within a time period which complements and completes the development

10. That before the development hereby permitted starts, full details of the traffic calming measures proposed for the A89 roadway abutting the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In order to allow the development to take place without causing adverse traffic impacts and in order to improve the safety of the use of the A89 Airdrie Road for both pedestrians and motorists

11. That the before any dwellinghouses within the proposed development are occupied, the traffic calming measures as approved under condition 10 above shall be implemented in full to the satisfaction of the Planning Authority

Reason: As these measures are an integral part of the proposals in terms of pedestrian and traffic safety

12. That before any dwellinghouses within the development site are occupied, there shall be provided, to the specification of the Planning Authority, a 2 metres wide footway along the entire length of the northern boundary of the site on the south side of Airdrie Road

Reason: In the interests of traffic and pedestrian safety.

13. That before the development hereby permitted starts, and notwithstanding the block plan, there shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required, an amended site layout drawing showing the following adjustments to the parkindaccess arrangements: (a) turning area facilities leading to and within the courtyard area; (b) a minimum length of 10 metres parking space within the proposed pend area; (c) a speed bend within the site; (d) an access road incorporating: a radii of 10.5 metres; 5.5 metres access road width with 2 metres wide footways; dropped kerbs and; intersection at 90 degrees with the A89 roadway (e) parking bays of 2.5 metres by 5 metres (f) surfacing within the courtyard in a material to be agreed with the Planning Authority

Reason: In the interests of traffic and pedestrian safety.

ROOO 1277 94 NOTE TO COMMITTEE

1. If granted this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

2. The applicant is required to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the matters detailed in the accompanying report. The planning permission should not be issued until these matters have been concluded.

ROOO 1277 95 List of Background Papers

Application form and plans and supporting statement Adopted Monklands District Local Plan 1991 Strathclyde Structure Plan 1995 National Planning Policy Guideline 1 - The Planning System National Planning Policy Guideline 15 - Rural Development PAN36: Siting and Design of New Housing in the Countryside Circular 24/1985 Consultation response from Scottish Power dated 16 November 2000 Consultation response from West of Scotland Water dated 15 November 2000 Consultation response from Transco dated 14 November 2000 Consultation response from Coal Authority 16 November 2000 Consultation response from Protective Services 5 February 200 1 Internal memorandum from Transportation Manager dated 3 November 2000 Letter of representation from residents of Low Caldercruix dated 14 August 2000. Letter of representation from Mr & Mrs F Coleman, 174 Airdrie Road dated 12 November 2000 Letter of representation from Mr & Mrs Cochrane, 176 Airdrie Road dated 14 November 2000

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12381 and ask for Mr Gerard Quinn.

R0001277 96 APPLICATION NO. C/OO/O1277/FUL

REPORT

1. INTRODUCTION

1.1 Planning permission is being sought by Porter Developments for the development, conversion and extension of a former school building for the purposes of creating 17 residential units with associated parking, landscaping, and access.

2. APPLICATION SITE

2.1 The site comprises 0.88 hectares of vacant and unmaintained land and buildings lying at the edge of Caldercruix village, approximately 4 miles north east of Airdrie. The site lies adjacent to the A89 which forms the main arterial route connecting Airdrie with West Lothian and other areas to the east.

2.2 A fine traditional stone built school building, originally built for Caldercruix Secondary, is the main feature of the site. This building has been vacated of its more recent use (as an outdoor pursuits centre) and is lying in a vacant and dilapidated condition. Similarly the grounds are overgrown and altogether the site lies in an unsightly condition.

3. SITE HISTORY

3.1 The site originally housed Caldercruix Secondary School until 1969 when the school closed and a new use was effected in the form of an outdoor pursuits centre. In more recent times however, the site has lain vacant, and the school building whilst kept watertight has been boarded up and left to have an adverse impact on the amenity of local residents, and the broader countryside in which it is located.

3.2 North Lanarkshire Council, as owner of the site, agreed that the building and grounds should be addressed in the interests of the amenity and environment of the area concerned.

3.3 In this respect, North Lanarkshire Council took steps to seek appropriate new uses for the site which may be acceptable in planning policy terms.

3.4 In effect, in early 1999 the site was put forward as a development opportunity and marketed by the Council for residential development. As part of this marketing process, North Lanarkshire Council prepared a development brief. The main objective of this brief was to achieve a redevelopment of the site that would be based on the sympathetic conversion of the existing school building and, strictly to this end, a limited degree of extensionhew build may be considered.

3.5 The marketing process received a relatively poor response with only one prospective developer, Porter Developments, making any kind of submission. As Members may recall, this submission was not in compliance with the objectives of the development brief. The submission proposed an extensive development of the wider site, and failed to observe the need to achieve a development within and around the main traditional school building, rehabilitated and upgraded as the main feature. However, with a view to retaining the possibility of residential use, the Council agreed that further discussions and negotiations should take place with Porter Developments direct, with the intention of seeking a proposal that may be acceptable in planning terms.

3.6 Extensive and lengthy negotiations were then undertaken between Porter Developments and the Council. These discussions have finally led to the submission of proposals that are now the subject of this planning application.

4. PROPOSALS

4.1 The applicant proposes to convert the main school building to residential use and integrate a low rise courtyard style development to the rear. In total, the applicant proposes 17 residential units within a courtyard setting whose main feature would be the refurbished and well maintained traditional stone school building. The applicant through the supporting statement has indicated his intention to use sympathetic rural design principles with traditional finishes and features as part of the repair and

Q7 R0001277 /I renovation of the stone elevations of the school building and (in relation to the courtyard) additions which would be primarily characterised by natural slatehender finishes. The applicant also proposes to regenerate significantly the grounds of the site by appropriate formal/informal landscaping integrated with the retention, where appropriate, of existing vegetation.

4.2 As an integral part of the proposals the applicant also seeks to use an upgraded single vehicular access at Airdrie Road, and to introduce a traffic calming scheme on the A89 along the entire length of the site frontage. The traffic calming scheme would be intended to alleviate dangerous speeding problems in relation to a busy stretch of Airdrie Road, in addition to accommodating the extra traffic generation resulting from the proposed development.

5. PLANNING POLICY CONTEXT

5.1 As far as these proposals are concerned, the planning policy context is primarily represented by the following productions.

5.2 National Policy Circular 24/1985 NPPG 1 - Planning System NPPG 15 - Rural Development PAN36 - Site and Design of New Houses in the Countryside

5.3 Strategic Policy Policies GB 1 and GB 1A of the Approved Strathclyde Structure Plan 1995

5.4 Local Policy Policies GB1 (Greenbelt), L1/11 (Landscape Quality), and Design Guidance (New Houses in the Countryside) of the Adopted Monklands District Local Plan 199 1.

6. CONSULTATIONS

6.1 Following the normal consultation process, no objections or other adverse representations were received from any of the formal consultees.

7. REPRESENTATIONS

7.1 Three letters of representation were received in respect of the proposals, two of which objected to the proposals, with the other being supportive.

7.2 The objectors to the proposals were Mr & Mrs F Coleman, 174 Airdrie Road and Mr & Mrs Cochrane, 176 Airdrie Road. The grounds of objection expressed are summarised as follows.

1) The proposals are contrary to the Local Plan; 2) The proposals set dangerous precedents for other brownfield sites within the greenbelt; 3) The proposals would represent overdevelopment that would swamp the locality having adverse effects on the environment and the amenity; 4) The proposals would give rise to adverse traffic impacts.

7.3 One letter of representation was also received from the ‘residents’ of Airdrie Road, Low Caldercruix. This letter points to the ‘eyesore’ effects of the site, and seeks early redevelopment to solve this problem.

8. ASSESSMENT

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, provides that where, in making any determination under the Planning Act, regard has to be had to the Development Plan, the determination shall be in accordance with the Plan unless material considerations indicate otherwise. Under the Development Plan, the site is zoned within the greenbelt. Therefore, new development is generally expected not to be acceptable on the site.

R0001277 98 8.2 It is considered that the determining issue in the assessment of the application proposals is whether there are any such material considerations as mentioned by the 1997 Act which indicate that the proposals should be accepted notwithstanding the Development Plan position. In dealing with greenbelt policy, the Approved Strathclyde Structure Plan clearly states that development within the greenbelt requires to be justified against the following criteria:

8.3 (a) Economic Benefit; (b) Specific Locational Need; (c) Infrastructure Implications, and (d) Environmental Impact.

8.4 It is considered that these criteria represent material considerations of particular relevance to the proposal. It is considered appropriate therefore that the proposal is firstly assessed against these material considerations and then against any others, before a determination is made.

9. Material Considerations

Economic Benefit

It is acknowledged that the development would, through construction employment, and additional population numbers, bring some economic activity into the Caldercruix area. However, it is not considered that any such activity would be of a significantly high level that could justify residential development in the greenbelt. Indeed, the same levels of economic benefit could accrue fiom existing brownfield and other allocated sites within the urban area of Caldercruix and East Airdrie.

Locational Need

Whilst the development may be considered to be desirable for other reasons, it cannot be argued from a planning viewpoint that there is a specific need for housing in the location associated with the application site.

Infrastructure Implications

In terms of infiastructure, it is clear that the developer proposes to provide upgrading works to the A89 Airdrie Road, adjacent to the application site. Indeed the applicant, as an integral part of the proposals, incorporates a traffic calming scheme along the A89 Airdrie Road on the stretch immediately fionting the site. Whilst full technical details would be required to be agreed with the planning authority, the effect would be to provide significant improvements to the road that would increase the safety levels associated with pedestrian and traffic usage of this stretch of the A89. Indeed, leaving all other aspects of the proposals aside, it is considered that the implementation of an effective traffic calming scheme would represent a positive infiastructural improvement at the location in the public interest.

Environmental Impact

There is no doubt that the building and grounds through lying vacant for some time, have a derelict and unsightly appearance. As such, they effectively denigrate the environment and spoil amenity for both local residents and regular road users and passers by. In this latter connection, it is noted that the site lies in a prominent location along the main easb'west arterial route (A89) on the east side of Airdrie.

One remedy in planning terms would be perhaps to demolish the existing building and effectively achieve a tidier appearance for the site. Such an approach would certainly be comfortably in line with the established development resistance aspects of greenbelt policy. However, on the other hand, it may fail to recognise the heritage and vernacular value of the main school building, and the potential contribution which its redevelopment could make to improving the environment and the amenity of the location.

R0001277 99 It is considered that it represents a reasonable approach to consider ways of achieving positive environmental improvements that would be brought fiom a development centred on retaining the school building as a environmental asset and main feature. It is with this principle in mind, that the proposals have been presented by the applicant for consideration.

On turning to the assessment of the proposals from an environmental viewpoint in detail, it is considered that the development, if implemented, would successfully restore this fine traditional building. Furthermore, through attention to detail with regard to design, massing, scale and materials, the courtyard extension proposed as an integral part of the development, would represent a sympathetic addition which respects and upholds the primacy of the main building. Whilst the extent of this aspect of the development would be more than what perhaps would have been foreseen by the original development brief, it nevertheless does not defy its essential objective which was to achieve a residential conversion which restores the main school building in a way which is sympathetic to it and the rural environment in which it is located.

In environmental impact terms therefore, it is considered that the proposals, by removing an eyesore, and restoring an attractive building of vernacular and architectural interest, would represent a development that would be unquestionably beneficial in terms of both its immediate locality, and the wider countryside/rural area of which it forms part.

9.1 Following assessment of the proposals against the above material considerations, it is considered that the proposals can be justified in terms of environmental and infiastructural implications, particularly when taken together.

10. Other Material Considerations

10.1 The material considerations assessed so far indicate that the determination of this application could not be in accordance with the Development Plan. It remains to be considered whether there are any other material considerations that would outweigh the position so far established against the Development Plan.

Other Policies of the Development Plan

It is considered that there are no other policies of the Development Plan that would suggest that the development should be refused and the environmental and infiastructural benefits of the proposals should be set aside. Under the Adopted Local Plan, the greenbelt policy (GB 1) is complemented by design guidance on new houses in the countryside. This guidance states that the new development fust of all should be sympathetically designed and finished for a countryside location. In this respect, it is considered that the proposals are compliant. The guidance also encourages the sympathetic conversion of buildings inherently worthy of preservation to residential and other uses. In this respect, the design guidance is supportive of the main thrust of the development. Furthermore, the design guidance continues in terms of conversions/extensions of worthy buildings, and states that extensions should not normally be more than 50% of the existing floor space. Whilst the extension proposed in this case is greater than 50%, it is considered that the proposals, given the quality of the design, and the respect for the existing building, represents an acceptable exception as accommodable by the policy. Indeed, given the clear benefit already established in environmental terms, it is considered that the proposals are not in fact contrary to the Local Plan greenbelt policy of the Development Plan. Therefore, it could be concluded that the relevant policies of the Local Plan in fact add weight to the justification for the development so far established fiom the assessment.

National Planning, Policy

The Government policy which pertains direct to the greenbelt is of course SDD Circular 24/1985. This circular provides Government guidance on how greenbelt or countryside land should be handled within the planning system. This guidance underlines the importance of protecting greenbelt from inappropriate development and identifies the main purposes for which greenbelts have been established. It is clear that, as already stated, there should be a presumption against any intrusion into the greenbelt except in very special circumstances. As far as this proposal is concerned, the principles and objectives of this guidance are built into the current Development

ROOO 1277 100 Plan. It is this Development Plan which is the primary point of reference in any assessment of the proposals. As indicated in paragraph 8.2, this assessment, in effect, seeks to establish whether any such special circumstances do indeed prevail in the case of these proposals.

As for National Planning Policy Guideline 15 (Rural Development) national policies in this respect are fully noted and acknowledged. It is considered that the principles of this guidance are adhered to by the development, particularly in respect of the use and conversion of existing buildings within the rural area.

As for PAN36 (Design and Siting of New Houses in the Countryside), it is considered that the proposals represent acceptable practice in terms of both the treatment of the existing building, and the nature of the extensions that are proposed.

(c) Emerging Land Use Policies

With account being taken of the Glasgow and Clyde Valley Draft Structure Plan, and the forthcoming draft Airdrie and Coatbridge Areas Local Plan, it is considered that there are no new issues or policies that would conflict with the current Development Plan, which has of course, founded the assessment of the proposals in this case.

(d) Consultation Responses

It is noted that no objections have been expressed by any of the statutory bodieslconsultees who were formally asked for views on the proposals.

All issues raised are of a normal nature that could be addressed through appropriate conditions andor advisory notes in any planning decision.

(e) Representations

It is noted that third party representations objecting to the proposals have come in from two local residences adjacent to the site. In regard to the grounds of the objection raised, the following points are noted:

1. (Contrary to Local Plan) Whilst the proposals are contrary to the Development Plan as a whole, (in view of the Structure Plan Policy against which the proposals have been fully assessed), it is considered that in view of the clear environmental benefits that would accrue, the proposals are not in fact contrary to Local Plan policy. 2. (Precedent) As in the normal processing of application proposals, every case requires to be judged on its own merits. It is considered that any decision on this application should not have any influence on the acceleration of development within any brownfield or other sites elsewhere. In any event, it is noted that being within the greenbelt, this application does not in fact affect a brownfield site. 3. (Over Development/Swamping Within the Locality) It is acknowledged that the additional residential units would change activity patterns within the immediate locality and would have an impact on existing residents. However, given the limited nature of the development, and its isolated location, these impacts should be of a nature normally associated with any kind of new reasonable development within an area, and not give rise to any serious amenity problems for the existing residents. Indeed, any detriment that may perhaps be felt by local residents in this regard would be considered to be more than compensated for by the definite and substantial environmental improvements that the new development would bring to the area. 4. (Traffic Impact) The concerns of local residents in relation to traffic impact are appreciated, particularly in view of heavy vehicle use of the A89 Airdrie Road. However, an appraisal of traffic impact has revealed that any effects in terms of traffic flows in general and at the site location would be acceptable. Indeed, in the latter respect, it is considered that the proposed new traffic calming measures would constitute a definite infiastructural improvement.

R0001277 101 Finally, it is noted that one letter of representation from “The Residents of Low Caldercruix” has been received in support of the proposals, particularly in view of the environmental improvements that they would bring. In effect, this representation would add weight to any justification to allow the proposals.

11. Assessment Conclusions

1 1,l Despite the greenbelt zoning, detailed assessment has revealed that the proposals can be justified as an exception to greenbelt policy. Indeed, the material considerations that justify an exception to the greenbelt are: 0 significant infrastructural improvements to the A89 Airdrie Road, and 0 significant environmental improvements that would accrue from the sympathetic restoration of the existing building, and regeneration of the site.

1 1.2 Furthermore, no other “competing” material considerations have been found which suggest that the proposals should not be acceptable from a planning viewpoint. Indeed, other Development Plan policies, national planning policy, traffic impacts, amenity impact, consultations, and representations, have been assessed in detail, and have not raised any major planning concerns.

11.3 It is concluded therefore that detailed planning permission with appropriate conditions should be granted for the proposals.

12. RECOMMENDATION

12.1 It is recommended that planning permission be granted subject to conditions.

13. NOTE TO COMMITTEE

13.1 Since the proposals are contrary to the development plan, and since North Lanarkshire Council own the building and site concerned, it should be noted that if the Committee is minded to grant permission, the Scottish Ministers will be required to be notified of the application under the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. Within 28 days of receipt of the application by the Scottish Ministers (or extended period if required by the Scottish Ministers) the Council is restricted from granting planning permission and it will only be allowed to do so on expiry of the notification period, and if the Scottish Ministers have not made a direction requiring the application to be referred to them, or a direction restricting the grant of planning permission.

R0001277 102 Application No. C/OO/OO/O 1278lOUT Date registered 26 October 2000 APPLICANT CNC LIMITEDEOWAN GROUP, CUSTOM HOUSE, 298 CLYDE STREET, GLASGOW, G14NP

Agent KEPPIE PLANNING LIMITED, 160 WEST REGENT STREET, GLASGOW, G2 4RL DEVELOPMENT ERECTION OF RESIDENTIAL DEVELOPMENT AND ESTABLISHMENT OF COMMUNITY WOODLAND LOCATION DALMACOULTER DYKEHEAD ROAD AIRDRIE LANARKSHIRE

Ward No. 42 Grid Reference 276591 667414

File Reference ClPLll4330120001210001GQIS0H

Site History See accompanying report.

Development Plan Under adopted Monklands District Local Plan 199 1 the application site is covered by the following policies. Policy GB1 (majority of site) greenbelt HG3/5 (part of site) private sector residential development. Policy LW4; Low quality landscape. Policy CU1/2 Cull5 Policies covering safety restraint areas.

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Coal Authority, Transco, West of Scotland Water, Director of Education, (North Lanarkshire Council), Scottish Power Conditions Scottish Wildlife Trust, SEPA, Head of Sports, Parks and Transport (North Lanarkshire Council), CSCT. No Reply

REPRESENTATIONS Neighbours None

Newspaper Advertisement No response

COMMENTS Outline Planning Permission is sought for the erection of residential development and establishment of community woodland at the site at Dalmacoulter, Dykehead Road. Airdrie.

Following the taking into account of the current Development Plan, and other material considerations, including site history and emerging land use policies, it is concluded that outline planning permission can be granted, subject to a Section 75 Agreement.

ROOO 127 8 103

RECOMMENDATION

Grant, subject to the following conditions:-

That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas (for all age groups); (e) the provision of public open space and the proposed community woodland; (f) the details of, and timetable for, the hard and soft landscaping of the site; (8) details for management and maintenance of the areas identified in (d), (e) and (f) above; (h) the design and location of all boundary walls and fences; (i) the phasing of the development; (j) the provision of drainage works; (k) the disposal of sewage; (1) details of existing trees, shrubs and hedgerows to be retained; (m) details of existing and proposed site levels.

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

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

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

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

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

4. That all new housing development shall take place only within the area indicated in the approved drawing (no. PU02 - master plan), and the proposed structural landscaping and community woodland shall occupy the remainder of the site, as shown on the said drawing.

Reason: To provide an acceptable blend between new development and the environmental improvement of the site.

5. That the community woodland and structural landscaping for the areas indicated in the approved drawing (no.PLi02-master plan) shall be implemented in full before any of the dwellinghouses permitted as reserved matters are occupied, unless an alternative timescale for implementation is approved by the Planning Authority in terms of any Section 75 Agreement relating to this permission under the Town and Country Planning (Scotland) Act 1997

Reason: In order that the environmental improvements are provided and guaranteed to form an integral part of the development of the site.

6. That the open space and play area details shall be in accordance with the Council's approved Developer's Guide to Open Space.

Reason: To ensure that the development provides an acceptable level of amenity.

R0001278 105 7. That the right of way, which traverses and abuts the site at the western boundary shall be fully observed and protected from inappropriate development, and shall be observed to link fully with footpatWcycleway network(s) provided as part of any new development.

Reason: In order to ensure that the right of way is retained and not compromised by the development.

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

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

9. That before the development hereby permitted starts, a management and maintenance scheme for the landscaping and community woodland schemes mentioned in condition 8 and condition 1, and for the play areas mentioned in condition 1, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure that the development provides an acceptable level of amenity.

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

Reason: To ensure that the development provides an acceptable level of amenity

11 That all trees and shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless written consent to any variation is obtained from the Planning Authority

Reason: To ensure that the development provides an acceptable level of amenity.

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

Reason: To ensure that the site is f?ee of health risks ffom site contamination

13. That the developer shall undertake recording of archaeological resources within the development site to the satisfaction of the Planning Authority.

Reason: In order to ensure that archaeological remains are not destroyed without record.

ROOO 1278 106 14. That no development shall take place within the development site until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation, this scheme to be submitted for approval by the Planning Authority, following consultation and agreement with the West of Scotland Archaeological Service.

Reason: In order to ensure that archaeological remains are not destroyed without record.

15. That before any dwellinghouses are occupied on site, the off-site road works, comprising alterations to the junctions at Dykehead RoadStirling Road and High Street/South Bridge Street, all as proposed in approved drawing nos. 33002-00210100 and 0101, shall be implemented in full to the satisfaction of the Planning Authority

Reason: In the interests of traffic and pedestrian safety.

16. That before any dwellinghouses constructed within the development site are occupied, there shall be provided to the specification of the Roads Authority a 2 metres wide footway along the entire length of the southern boundary of the site on the north side of Dykehead Road.

Reason: In the interests of traffic and pedestrian safety.

17. That the initial access into the development site shall be of a minimum 7.3 metres in width with 2.0 metres wide strengthened verges and footways.

Reason: In the interests of traffic and pedestrian safety,

NOTE TO COMMITTEE

If Committee is of a mind to grant permission, this will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 and the Decision Notice will not be issued until a Section 75 Agreement in respect of the Community Woodland has been concluded.

List of Background Papers

- Adopted Monklands District Local Plan 1991 (including frst alteration) - Strathclyde Structure Plan 1995 - Traffic Impact Assessment report (updated July 1999) by Messrs. Thorburn Colquhoun - Consultation response from the Coal Authority dated, 16 November 2000 - Consultation from Transco dated, 15 November 2000 - Consultation from West of Scotland Water dated, 15 November 2000 - Consultation from SEPA dated, 21 November 2000 - Consultation from Director of Education, North Lanarkshire Council dated, 22 November 2000 - Consultation from Scottish Power dated, 23 November 2000 - Consultation from Head of Sports, Parks and Transport dated, 30 November 2000 - Consultation from Scottish Wildlife Trust dated, 14 November 2000 - Consultation response from Transportation Manager dated, February 200 1 - Consultation response from CSCT dated, 22 March 2001

Any person wishing to inspect the above background papers should telephone Coatbridge 812381 and ask for Mr. Gerard Quinn .

R0001278 107 APPLICATION NO. C/00/01278/OUT

REPORT

1. INTRODUCTION

1.1 Outline planning permission is being soug..L for the erection of residential development and the establishment of community woodland on the site at Dalmacoulter, Dykehead Road, Airdrie.

2. APPLICATION SITE

2.1 The application site lies on the north ease side of Airdrie, and, in its entirety, extends to approximately 23 hectares.

2.2 The site is straddled on its south and east sides by Dykehead Road and the A73 Stirling Road, respectively. Beyond the western boundary, lies part of the built up area of Airdrie comprising relatively new private residential development and the Rochsoles Cemetery. The grounds of Airdrie Golf Course form part of the northern part of the western boundary of the site. The north of the site is characterised by the disused Wellside Quarry and beyond the boundary at that point, lies primarily Greenfield land. This land was recently the subject of planning permission C/99/0 1 187/OUT for industrial development to accommodate a significant company expansion by local vegetable processing firm, Bartlett and Sons.

2.3 The site itself generally slopes from south to north and comprises unused rough and uneven ground with many spoil heaps resulting from mining activity in the past. A number of railway embankments cross the site and the remains of Wellside Quarry forms the northern part. A 275KV power line bisects the site in a north westhouth east direction. A public right of way traverses and adjoins the site linking Dykehead Road to the south and Raebog Road, lying further north.

2.4 The site is currently in mixed ownership, with North Lanarkshire Council itself having title to the area of the site lying generally north of the established cemetery, and west of the said right of way.

3. PLANNING POLICY CONTEXT

3.1 Under the adopted Monkland District Local Plan 1991, the majority of the site (i.e. with the exception of the land owned by North Lanarkshire Council) lies within the green belt (Policy GBl).

3.2 The part of the site that which is owned by North Lanarkshire Council, is zoned for residential purposes under Policy HG3/5.

3.3 The following adopted Local Plan Policies also affect the site: Policies CU1/2 and CU1/5 (Safety Restraint Areas), Policy L11/4 - low quality landscape and Policy ENV4 (Clearance of derelict site).

3.4 In addition to the statutory policy zoning of the site, it is recorded that the northern part of the site (i.e. approximately the area north of the aforementioned power line) is identified as a site of importance for nature conservation (SINC).

4. SITE HISTORY

4.1 The site has a significant recent planning history, in terms of both land use policy and the development control process.

4.2 In 1994 the site was the subject of outline planning application (94/155) for the erection of residential development and associated community woodland. That proposal in effect reflects basically the planning application currently under consideration.

R0001278 108 4.3 In January 1995, Monklands District Council, the Planning Authority at that time, disposed to.grant outline planning permission. Subsequently, Strathclyde Regional Council, the strategic Planning Authority at that time, called in the application for its own determination.

In accordance with the development plan position, part of the site at that time was zoned for residential development (as per HG3/5) whilst the rest was made up of unreleased green belt (Policy GBl).

4.4 Whilst there was some doubt at that time of the site’s effectiveness due to a combination of problems relating to ground conditions, ownership and marketability, Strathclyde Regional Council granted outline planning permission subject to conditions, which reflected the position at that point in time, and the need to avoid planning blight. This permission was granted for a limited timescale (one-year) in order to stimulate the owners and potential developers to bring the site forward to the market.

4.5 This permission was granted on the 4 October 1995 after both the Secretary of State and Monklands District Council did not object.

4.6 Thereafter, Strathclyde Regional Council confmed the site was an extension to the outstanding greenfield release requirement and that the planning gain of removing a despoiled area of greenbelt whilst providing a community woodland and gateway to Airdrie provided sufficient evidence to balance other policy considerations.

4.7 The site also thereafter entered the Housing Land Supply and was given a notional capacity of 240 units. In this respect, Monklands District Council, and later North Lanarkshire Council, moved to alter the local plan zoning in order to confirm the position. The site was placed in the land supply in 1996 and is currently itemized as follows: - MK333iRowan Dykehead Road, Airdrie - 60 units (1981 released site) and ML354 Regis and Regis, Dalmacoulter Farm, Airdrie - 180 units.

4.8 In September 1996, the finalised first alteration of the Local Plan was placed on deposit and inter alia, covered changes to the Greenbelt boundaries. These changes reflected the release of the site of the outline planning permission kom the greenbelt.

4.9 In connection with the matter, the Council’s official justification within the alteration states that “planning consent has established residential use of the site. The proposed alteration would align the plan with the Council’s decision. The current edge of Airdrie is not clearly or well defmed at this locus. The woodland planting associated with the development of housing will provide a clear distinction between town and country at this location”.

4.10 This alteration was finalised by North Lanarkshire Council in Autumn 1997. The Council in May 1997 confirmed the position and authorised the production of a new issues report. This new issues report, which is a forerunner to a new local plan, reflects the release of this site fkom greenbelt for housing.

5. THE PROPOSALS

5.1 Joint applicants, CNC Properties Limited and the Rowan Group, seek outline planning permission for residential development and the establishment of community woodland, on the site at Dalmacoulter, Dykehead Road, Airdrie. Being in outline, the application provides no details at this stage. However, the application does indicate the proposal to develop for housing 14.76 hectares of land within the southern part of the site, in the area lying approximately south of the established power line, which bisects the site.

5.2 The application indicates a development comprising mainly of three and four bedroom detached and semi-detached villas, within a landscaped framework and served by a singular access point at Dykehead Road. The application also indicates the provision of playhports facilities and a link-up of the internal access roads with the existing adjacent established Barratt Residential Development.

ROOO 1278 109 5.3 In support of the application, the Agent emphasises that the site is now available for development, that house builders are now actively involved (Dawn Homes) and that the marketability of the area is enhanced. The Agent also points to the fact that the development would integrate with the adjacent Barratt Development, in access road network terms. Furthermore, the Agent indicates that the implementation of the proposals will encompass the active involvement of the Central Scotland Countryside Trust, in terms of the establishment of the community woodland intended for the northern part of the site.

6. CONSULTATIONS

6.1 Generally, all consultees were in agreement with the proposals, and none offered any direct objections. However, it is noted that the Scottish Wildlife Trust have emphasised the need for an ecological survey to be done prior to the establishment of the community woodland. The West of Scotland Archeology Service, have highlighted the importance of the recording of all archaeological remains prior to the implementation of the development.

7. REPRESENTATIONS

7.1 Following the normal neighbour notification process, and advertisement of the proposals as being contrary to the Development Plan, no objections or other representations were received.

8. ASSESSMENT

8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, Local Authorities are required that in determining planning application proposals where regard is to be had to the Development Plan, the determination shall be in accordance with this Plan unless material considerations indicate otherwise.

8.2 On assessment of the proposals against this Plan, it is clear that any proposal for residential development is contrary given the greenbelt zoning of the majority of the site. Therefore, unless material considerations indicate otherwise, the proposals should be refused in accordance with Section 25.

8.3 The determining issue in the assessment of the proposals of this application therefore concerns whether there are any material considerations that can justify the proposals notwithstanding the current policy zoning.

8.4 The fust material consideration that requires to be taken into account is the recent site history. The facts as summarised in the section of this report dealing specifically with site history, suggest that the site has already been considered to be an acceptable greenbelt release fi-om both the local and strategic planning viewpoint. The main question which follows, concerns whether the circumstances, that prevailed in the establishment of that release, have changed to the extent of suggesting an alternative decision now in policy terms.

8.5. From research of all relevant issues, it is considered that those circumstances have not changed in this way. Indeed, since the previous decision to release the land from greenbelt for housing purposes, it is noted that the case has perhaps strengthened by the fact that the site has, (i) officially been identified within the effective housing land supply; (2) is zoned for release within the finalised alteration, and more recently; (3) has retained this status within the current local plan issues report. Furthermore, it is noted that since the original decision, the respective owners have come together and actively pursued the proposal with the direct involvement of the housebuilder (Dawn Homes) and the Central Scotland Countryside Trust (primarily in respect of the community woodland area).

8.6 In effect, if circumstances are regarded to have changed, they have done so in a way which adds weight to the case for the release of the site fiom the greenbelt, notwithstanding the Development Plan position.

8.7 Therefore, notwithstanding the Development Plan position, it would seem that site history and associated emerging land use planning policy, are clear material considerations that support the release of the site from the greenbelt.

R0001278 110 8.8 As for other material considerations which may have an influence on the decision making process, it is noted firstly that the consultation responses are largely positive and although providing conditions in some cases, as generally supportive of the development. Taken with the fact that there were no formal public objections to the proposals, it is considered that these material considerations add further weight to the case for releasing the site from the greenbelt.

8.9 It is noted that the Community Woodland is an integral part of the proposals and any permission that may be granted. Therefore it is considered that in addition to the relevant conditions of any planning permission, there shall be sought a legal commitment from the applicant/site owner and the developer, to a scheme for the timeous implementation and proper managemendmaintenance of the Community Woodland. In this respect, it is considered appropriate that a Section 75 Agreement is finalised that secures a commitment to adhere to such a scheme that has been both produced by the applicant/developer and approved by the Planning Authority.

9. RECOMMENDATION

9.1 It is recommended that outline planning permission be granted subject to conditions, and a Section 75 Agreement covering the abovementioned requirements.

NOTE TO COMMITTEE

Since the proposal is contrary to the approved Structure and Local Plans and since part of the site lies in the ownership of the Council, it should be noted that if the Committee is minded to grant permission, the Scottish Ministers will be required to be notified of the application under the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. Within 28 days of receipt of the application by the Scottish Ministers (or extended period of required by the Scottish Ministers) the Council is restricted from granting planning permission and shall only be allowed to do so on expiry of the notification period, if the Scottish Ministers have not made a Direction requiring the application to be referred to them, or a Direction restricting the grant of planning permission.

ROOO 1278 111 Application No. C/O 1/00036/OUT Date registered 24th January 200 1 APPLICANT CRAIG BROTHERS INVESTMENTS, AITKEN STREET, AIRDRIE, ML6 6LT

Agent Stewart Site Services Ltd, 19 Vale Walk, Bishopbriggs, G64 1LG DEVELOPMENT ERECTION OF RESIDENTIAL DEVELOPMENT (IN OUTLINE) LOCATION THE OLD MILL AITKEN STREET AIRDRIE LANARKSHIRE

Ward No. 43 Grid Reference 276544666287

File Reference CIPLIAIA3 15DBIKH

Site History Planning Consents previously granted for part of the site: Application 79/064 Change of Use of Flats to Offices, Application 79/149 Change of use of Flats to Individual Offices and Application 82/39 1 Extension to Offices.

Development Plan The site is zoned ECON8 General Urban Areas and ECON13 Improvement of Industrial Sites in the Monklands District Local Plan 1991. “i Contrary to Development Plan No

CONSULTATIONS

Objection No Objection The Coal Authority, Transco, West of Scotland Water, NLC Director of Education Conditions No Reply

REPRESENTATIONS Neighbours One letter of representation

Newspaper Not required Advertisement

COMMENTS This application relates to the erection of residential development (In outline) at the Mill, Aitken Street, Airdrie. The site is zoned ECON8 General Urban Areas and ECON13 Improvement of Industrial Sites in the Monklands District Local Plan 1991. Following normal consultation procedure one letter of representation was received from an adjoining landowner regarding site ownership. In terms of the development plan the proposed use is acceptable. Subject to the revised access shown on the application plans and submission of appropriate reserved matters I consider that a residential development can be accommodated within the site.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

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

(a) the siting, design and external appearance of all buildings and other structures;

R0100036 112

(b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of public open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for management and maintenance of the areas identified in (d) and (e) above; (8) the design and location of all boundary walls and fences; (h) the phasing of the development; and (i) details of existing and proposed site levels.

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

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

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

4. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the area.

5. That any open space and play area details shall be in accordance with the Council's approved Developer's Guide to Open Space

Reason: To ensure that the development provides an acceptable level of amenity.

6. That before any works commence on site the developer shall implement the junction improvement outlined in GREEN on the approved plans unless otherwise agreed in writing by the Planning Authority.

Reason: To safeguard appropriate access to the existing businesses and dwellinghouses.

7. That the housing layout shown on the plans hereby permitted is purely indicative and does not form part of this outline consent.

Reason: To define the consent and enable the Planning Authority to consider these aspects as part of a Reserved Matters application.

List of Background Papers

Application forms and plans submitted on 16 January 200 1 and 26 March 200 1 Monklands District Local Plan 199 1 Letter of representation from Airdrie Services club, 17 Aitken Street, Airdrie. Consultation response from The Coal Authority received on 2 February 200 1 Consultation response from Transco received on 2 February 2001 Consultation response from West of Scotland Water received on 6 February 2001 Consultation response from NLC Director of Education received on 12 February 200 1 Consultation response from Transportation Manager received on 20 February 200 1

- Letter from Occupier of 25 Aitken Street and Report of Survey by Mason Evans Partnership received 26 March 200 1

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr. Baxter

RO 100036 114 APPLICATION NO. C/01/00036/FUL

REPORT

1. SITE & PROPOSAL

1.1 This application relates to the erection of residential development (In outline) at the Mill, Aitken Street, Airdrie. The site is currently occupied by several commercial premises and yard space on the site of a former Mill.

1.2 The site is zoned ECON8 General Urban Areas and ECON13 Improvement of Industrial Sites in the Monklands District Local Plan 199 1.

I .3 The applicant proposes to construct a revised entrance to serve a residential development on an indicative layout of up to 28 units and retain two commercial units.

2. CONSULATATIONS AND REPRESENTATION

2.1 The following have no objections to the proposal: The Coal Authority, Transco, West of Scotland Water, NLC Director of Education.

2.2 The Transportation Manager has no objections subject to conditions relating to the required access improvements and provision of appropriate roads and footpaths serving the dwellinghouses.

2.3 One letter of representation was received from an adjoining landowner. The letter states that the proposed site access appears to cross land that is not within the applicant’s ownership and no approach has been made to secure this land to provide the access.

3. OBESERVATIONS

3.1 The site is within an area zoned for either improvement as an industrial site or general urban area in the Monklands Local Plan 199 1. ECON8 General Urban Area policy accepts the principle of a mixture of uses including residential, light industrial and commercial where development will not create an adverse environmental affect.

3.2 The previous uses indicate that there may be some made ground, shallow mine workings, contaminative materials and landfill gas from any made ground within the site. Therefore, further site investigations and possible remedial works may be required to ensure that the site will not be a hazard to future residents.

3.3 The Transportation Manager has concluded that subject to the revised access arrangements shown on the submitted plans the existing commercial uses and proposed residential development can be adequately serviced.

3.4 With respect to the letter of representation it is not uncommon for applications to be received prior to the ownership being secured. The applicants have indicated on the application form that all the land is in their ownership. In this instance should the development proceed the access improvements shown on the application plans require to be put in place prior to the construction of the houses. If the developer cannot undertake these improvements due to ownership difficulties then the proposed development could not proceed due to inappropriate access to the site.

3.5 The application is in outline and as such the indicative layout does not form part of the consent. The submission of relevant reserved maters addressing the form and layout of the properties, the proposed means of access, parking and open spaces within the proposed development will be the subject of a further application.

R0100036 115 4. CONCLUSION

4.1 Subject to the recommended conditions I consider that the proposed residential development can be accommodated within the site without adverse environmental impact to either the adjoining properties or any future residents.

Y

R0100036 116 Application No. C/ 0 1/00067/FUL Date registered 26" January 200 1 APPLICANT ASDA STORES LTD

Agent Britannia Security Group, Hampstead Park DEVELOPMENT INSTALLATION OF POWER FENCE ON TOP OF PERIMETER WALL LOCATION ASDA STORE, COATBRIDGE

Ward No. 34 Grid Reference 273313665047

File Reference C/F'L/CTIW03 O/GL/LR

Site History Applications over recent years include the installation of an automatic teller machine and erection of various illuminated signs. There are no significant applications in relation to this proposal.

Development Plan The site is zoned ECON 9 - Secondary Core Areas in the Monklands District Local Plan 1991.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply Strathclyde Police

REPRESENTATIONS Neighbours No Response

Newspaper Not Required Advertisement

COMMENTS This application relates to the erection of an electrified fence on top of the delivery yard perimeter wall at the Asda Store, Main Street, Coatbridge. The site is situated on the right hand side when entering the main customer car park from South Circular Road. In terms of The Monklands District Local Plan 1991, the Asda Store is zoned COM3 - Maintain Retail Core Areas, however, the site subject of this report is zoned ECON9 - Secondary Core Areas. The existing perimeter wall is prominent from South Circular Road, the main customer car park and the car park and Health Centre to the south. None the less, the site is situated to the rear of the Asda Store and the fence will not significantly detract from the visual amenity of the area. No formal written objections have been received and the Department of Planning and Environment is minded to grant permission subject to conditions.

RECOMMENDATION

Grant. subject to the following conditions

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

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

R0100067 117 1 I I .. I -1 I Government Offices Govern i 1 I Office 1 10 5 1 10 5 1I I

."i '/

L -__ 1 I __ -_ - _____ - _- ' Produced@-- Department of Planning and Environment PLANNING APPLICATION NO C/01/00067/FUL 1 Central Division Municipal Buildings INSTALLATION OF POWER FENCE ON TOP OF 1 Kildonan Street PERIMETER WALL COATBRIDGE ' 1 ML53LN ASDA STORES LTD, MAIN STREET, COATBRIDGE RBplodYCed lrsm !he Ordnance Survey mapp "g Wln lhe perm ssion of the COnlrolier 01 her Mqcaly 8 1 Telephone 01236 812222 Fax 01236 431068 ___ This copy has been produce may be made i os Licence ia 09041L I - NO further copies 2. That the upright posts as coloured red on the approved plans shall be attached to the inside of the delivery yard perimeter wall, and not the outside as indicated on the plans

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

3. That prior to the erection of the fence, the upright posts as coloured red on the approved plans shall be painted to match the colour of the existing wall, to the satisfaction of the Planning Authority.

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

List of Background Papers

- Application forms and accompanying plans received 17" January 200 1. - Adopted Monklands District Local Plan 1991. - Internal consultation from Environmental services received 6" March 2001 I - Supporting information from High-Line Security Power Fencing received 15" March 2001 - Supporting information from General Store Manager, Asda, received 14 March 200 1

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Gordon Liddell

R0100067 119 APPLICATION NO. C/01/00067/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application relates to the erection of a one metre high electrified fence on top of the Asda Store delivery yard perimeter wall, off South Circular Road, Coatbridge. The site is located on the right hand side when entering the main customer car park from South Circular Road.

1.2 The existing wall has a height of 4.0 metres along the south west elevation, 3.8 metres along the south east elevation (stepping down to a height of 3 metres at one point) and 3.6m along the north east elevation (rising to 4.8 metres towards the main building). The wall is constructed from dark brown brick with access gates situated on the south east elevation.

1.3 It is proposed to attach the fence to the inside of the existing wall, extending to 1 metre in height. The upright posts are to be set 3 metres apart with a total of 9 electric wires running horizontally around the full length of the wall. The fence has a metalic finish, although it is proposed to paint the posts to blend with the existing brick.

1.4 The site is zoned ECON9 - Secondary Core Areas in the Monklands District Local Plan 1991.

1.5 This application is put before the planning and environment committee on the request of Councillor Brooks.

2. CONSULTATIONS

2.1 No objections have been expressed from any of the consultees, although Strathclyde Police Architectural Liaison Officer has verbally intimated his informal preference for an alternative solution. No formal response or objection has been received.

2.2 The Environmental Control Manager has no objection.

3. REPRESENTATIONS

3.1 No objections have been received

4. ASSESSMENT

4.1 This application should be assessed in terms of the Development Plan and other material considerations. In this instance the site is Zoned ECON9 - Secondary Core Areas in the Monklands District Local Plan 1991. In such areas the principle of a mixture of uses is acceptable. Existing light industrial and commercial uses are encouraged, subject to there being no change of use or intensification of use that is likely to create adverse environmental effects.

4.2 A letter containing supporting background information has been received from the Asda General Store Manager. In summary: -

- Incidents resulting in arrest within the store have risen 6 1% year on year - Over 300 recorded incidents last year - Warehouse yard ‘easy-picking’ - Peak of 15 recorded warehouse incidents during October 2000 - Increase in the height of the wall would not detract thieves

4.3 The reasons for requiring an additional means of security are noted, however any such fence, wall or other security solution should be designed so as not to detract from the visual amenity of the area. The proposed fence is to be situated to the rear of the Asda Store and although the wall is prominent from South Circular Road the fence will not significantly detract from the visual amenity of the area.

R0100067 120 4.4 An alternative solution, to increase the height of the existing wall has been rejected by the applicant on grounds that this would not prevent further entry to the site. The applicant has however proposed to amend the exiting proposal by attaching the upright posts to the inside of the wall (previously proposed to attach the uprights to the outside of the wall) and painting the posts to blend with the existing brickwork.

4.5 The issue of the fence being electric is not a material consideration and does not come within the realms of planning controls. Some supporting evidence from Health and Safety Executive has been provided.

5. CONCLUSION

5.1 The proposed fence will not result in a significant adverse effect to the amenity of the area. The applicant has agreed to amend the proposal to reduce the visual impact and on balance, the application is recommended for approval subject to conditions.

RO 100067 121 Application No. C/O1/00086/FUL Date registered 19* January 200 1 APPLICANT MRS D BARRY, 3 ARTHUR AVENUE, AIRDRIE, LANARKSHIRE, ML6 9EZ

Agent C.R. Smith Glaziers, Gardeners Street, Dunfermline, Fife, KY 12 ORN

DEVELOPMENT REPLACEMENT EXISTING ROOF TRIMS AND RAINWATER GOODS LOCATION 3 ARTHUR AVENUE, AIRDRIE, ML6 9EZ

Ward No. 47 Grid Reference 276130664983

File Reference C/PL/AIA825000300001GLKH

Site History Permission was granted in 1984 for the erection of an extension to the dwellinghouse.

Development Plan The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991. The site also falls within the Victoria and Town Centre Conservation Area.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement No Response

COMMENTS This Application relates to the replacement of existing rainwater goods and rooftrims with PVCu alternatives. The extent of the work is to include the replacement of existing cast iron gutters and downpipes with black PVCu and the replacement of existing timber fascia’s, soffts boards and bargeboards with white PVCu fascia’s, soffts, bargeboards and trims. The site is Zoned HG9 in the Monklands District Local Plan 199 1 and also falls within the Victoria and Town Centre Conservation Area. The application should therefore be assessed in terms of the relevant Design Guidance on House Extensions and Conservation.

The general principle when altering or extending buildings in Conservation Areas is to retain or match external materials and architectural features. On the basis of the details supplied and the lack of justification for the loss of existing timber features, the proposals do not comply with the spirit and intentions of Conservation Area designation. The unnecessary loss of external timber, especially on the fkont elevation of the dwelling would be to the detriment of the Conservation Area, especially as surrounding properties all retain existing timber features.

R0100086 122

RECOMMENDATION

Refuse, for the reason that the proposed works will result in the unnecessary loss of original traditional features to the detriment of the dwelling and the wider Victoria and Town Centre Conservation Area.

List of Background Papers

- Application form and accompanying plans received on 19" January 200 1 - Monklands District Local Plan 199 1.

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Grodon Liddell.

R0100086 124 APPLICATION NO. C/ 01/00068/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application relates to the replacement of existing timber roof trims and cast iron rainwater goods with PVCu alternatives at 3 Arthur Avenue, Airdrie. The dwelling is located within the Victoria and Town Centre Conservation Area, situated on the left hand side when entering Arthur Avenue from Cairnhill Road.

1.2 The proposal is to replace existing painted timber fascia's, soffit boards and bargeboards with white PVCu fascia's, soffit boards, bargeboards and trims. It is also proposed to replace existing cast iron rainwater goods with black PVCu alternatives.

1.3 The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 199 1. In this area house extensions and alterations are acceptable in principle, subject to relevant design guidance.

2. CONSULTATIONS

2.1 Not applicable

3. REPRESENTATIONS

3.1 No representations received

4. ASSESSMENTS

4.1 3 Arthur Avenue is located within the Victoria and Town Centre Conservation Area. In this area higher design standards are expected for all aspects of development. No details of the PVCu have been provided nor any justification for the need to replace the existing timber fascia, soffit boards and bargeboards. The existing external timber is prominent on the fi-ont and side elevation, in character with neighbouring dwellings. The loss of traditional timber features will be to the detriment of the building and the wider Conservation Area, especially where surrounding properties all retain their original features.

4.2 Details of the proposed rainwater goods have been requested, as such alternatives can be acceptable where they match originals in profile, colour, style and fixings. This information has not been received and the agent has requested that the application is determined in its current form.

5. CONCLUSION

5.1 The unnecessary loss of original timber fascia, soffit boards and bargeboards does not comply with the spirit and intentions of Conservation Area designation and should not receive the general support of the Planning Authority. On the basis of the information submitted, the proposed alterations have no justification and would be to the detriment of the dwelling and the wider Conservation Area.

RO 100086 125 Application No. C/01/00159/FUL Date registered 12 February 200 1 APPLICANT MR A WOOD, 47 CORNHILL DRIVE, COATBRIDGE

Agent DEVELOPMENT RETENTION AND EXTENSION OF PIGEON LOFT (PART RETROSPECTIVE) LOCATION 47 CORNHILL DRIVE, COATBRIDGE

Ward No. 32 Grid Reference 272575665620

File Reference C/PL/CTC6560047000/ML/KH

Site History No relevant Site History

Development Plan Under the terms of the Monklands District Local Plan 199 1 the site is located within an area covered by policy HG9 Housing policy for existing residential area.

Contrary to Development Plan No

CONSULTATIONS

Objection Housing and Property Services No Objection Conditions No Reply

REPRESENTATIONS Neighbours Two letters of objections

Newspaper Advertisement Not Required

COMMENTS The application relates to the retention and extension of a pigeon loft (part retrospective) at 47 Comhill Drive, Coatbridge. The pigeon loft is sited to the rear of the garden of the flatted dwellinghouse, close to the common drying area shared with the adjoining flat. The existing pigeon loft is approximately 3.5m x 2m and it is proposed that this will be extended or demolished and a new pigeon loft erected. The new proposed pigeon loft would be 7.3m x 1.8m. Following neighbour notification 2 letters of objection were received details of which are contained in the attached report.

Protective Services and the Housing and Property Services were consulted. Protective Services have no objection provided the neighbours are satisfied with the noise levels fi-om the existing loft. Housing objected on the grounds that the extended loft is too large and would not be appropriate within the garden ground pertaining to this property. Also the size of the loft would hinder the use of the existing common drying area. The policy covering the area is HG9 which states that there will be a presumption against development which is likely to adversely affect the amenity of the area. I therefore recommend that the proposed development (both in it’s existing and extended form) be refused as it is contrary to local plan policy and would significantly impact on the amenity of the neighbours sharing the garden area.

RO 100159 126

RECOMMENDATION

Refuse for the following reasons:

1. Refuse for the reasons that the proposed development is contrary to policy HG9 in the Monklands District Local Plan 1991 as the pigeon loft in its current and extended form is likely to adversely affect the amenity of the surrounding residential area by virtue of location, smell, and noise.

List of Background Papers

- Application Form and Plans. - Adopted Monklands District Local Plan 199 1. - Consultation Response fi-om Protective Services. - Consulation Response from Housing and Property Services. - Letter ftom Mr J McMahon dated, 20 February 200 1. - Letter from Irene Fox dated, 17 February 200 1.

Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Marlaine Lavery.

R0100159 128 APPLICATION NO. C/01/00159/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application is for the retention and extension of a pigeon loft (part retrospective) at 47 Cornhill Drive, Coatbridge. The loft is sited at the rear of the garden of the flatted dwellinghouse. This is adjacent to the common drying area for flats 45 and 47 Cornhill Drive.

1.2 The existing pigeon loft measures approximately 3.5m X 2m, however it is proposed that this be extended or demolished to construct a new larger loft measuring 7.3m X 1.8m.

1.3 The site is located within an area covered by policy HG9 Housing policy for existing residential area which states that there will be a presumption against development which is likely to adversely affect the amenity of the area.

2. REPRESENTATIONS & CONSULTATION

2.1 Following neighbour notification two letters of objection were received. The letters of objection were f?om Mr J McMahon, the neigbouring property at 45 Comhll Drive and Irene Fox of 28 Cornhill Drive.

2.2 The grounds of objection raised are as follows :

(a) That the pigeon loft is situated close to the common drying area and the laundry is polluted with smells and droppings from the pigeons. (b) There are also other animals housed within the development rabbits, hamsters etc (c) The bedroom windows of No.45 overlook the pigeon loft and there is a substantial noise from the pigeons. (d) The loft has over ground electrical cables leading to it which runs across the communal lawn and is a danger to the neighbour’s four-year-old child (e) That the pigeons will attract vermin to the area and the applicant will use poison to control this, thus endangering the young child sharing the common garden space. (f) The development of a driveway to the front of the flatted dwellinghouse and the removal of a fence and gate has left both flats open to dogs and the gardens has been used as a toilet by passers by on several occasions. (g) The construction of the driveway and the removal of the fence and gate has led other drivers to use this area as a turning point and has led to congestion in the street.

2.3 Protective Services and Housing and Property Services were consulted. Protective Services stated that there were no objections provided that the neighbours were satisfied with the noise levels. Housing and Property Services objected on the grounds that the size of the pigeon loft as extended is not suitable for the garden and will hinder the use of the common drying area.

3. OBSERVATIONS

3.1 In assessing this particular proposal, it is considered that the relevant determining factor is whether the pigeon loft would accord with the relevant policy and whether it is acceptable at that particular location. Also, it requires to be considered whether the pigeon loft would have a detrimental impact on neighbours particularly in view of the points of objection mentioned.

3.2 In the latter respect many of the points of raised by the objectors are not material to the consideration of this application. However, the pigeon loft in its current and extended form is not suitable within the garden of a flatted dwellinghouse. The neighbour at No.45 is adversely affected by the noise as their bedroom windows overlook the loft. Also, they share the common drying area adjacent to the pigeon loft and are adversely affected by the smell and droppings from the pigeon loft.

3.3 Protective Services have no objections to the loft in its existing or extended state provided the neighbours are happy with the noise levels, however, it is clear from the grounds of objection that the neighbours are not satisfied. Housing and Property Services are objecting on the grounds that the

ROl 00159 129 proposed extended loft is too large for a shared garden and that in its present and proposed location it will hinder the use of the common drying area.

4. CONCLUSION

4.1 In conclusion I consider the proposal unacceptable in its existing and extended form. The location within the garden is not suitable as it is in close proximity to the common drying area. The neighbours are not happy with the noise levels at present and this could increase if the loft was extended to house more pigeons. This will adversely affect the residents at No.45 Cornhill Drive as their bedroom windows will overlook the loft and they share the drying area with No.47. It is my opinion that any pigeon loft is unsuitable in the garden of a flatted dwellinghouse where the garden ground is shared.

RO 1001 59 130 Application No, c10 1/0020 1RUL Date registered 19th February 200 1 APPLICANT Mr P Ferguson, Gracies Wynd, 36 Lauchope Street, Chapelhall, Airdrie, ML6 8SW

Agent DEVELOPMENT PART CHANGE OF USE OF DWELLINGHOUSE TO CAWVAN HIRE BUSINESS WITH ANCILLARY PARKING AREA LOCATION GRACIES WYND, 36 LAUCHOPE STREET, CHAPELHALL, AIRDRIE LANARKSHIRE, ML6 8SW

Ward No. 51 Grid Reference 278086663008

File Reference CIPLKHL 195003600001DB1LR

Site History Planning Consent has been granted for Dormer Extension & Erection of Garage 791108 and for Formation of an Access 811175

Development Plan The site is zoned ECON8 General Urban Areas in the Monklands District Local Plan 1991.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Not Required Advertisement

COMMENTS The application relates to the part change of use of a dwellinghouse to car and small van hire business with ancillary parking area. The site is zoned ECON8 General Urban Areas in the Monklands District Local Plan 1991 which accepts the principle of mixed uses subject to consideration in terms of access, plot size, built form and impact on amenity. There is no objection subject to a limit on the number of vehicles for hire, provision of residential parking spaces and appropriate access, parking and manoeuvring areas. Subject to the attached conditions to cover these matters I consider that the proposal can be accommodated within the site without significant loss of amenity or adverse impact on traffic safety.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That the premises shall be used for the hire of no more than 10 vehicles. These vehicles should be limited in size to a type capable of being parked within a maximum 2.5 metre x 5.0 metre parking bay.

R010020 1 131 Produced by Department of Planning and Environment Central Division Muniupal Buildings Kildonan Street COATBRIDGE ML5 3LN Telephone 01236 812222 Fax 01236 431068 I OS Licence LA 09041 L Reason: To define the consent in order to ensure that the site is not over used preventing appropriate parking and manoeuvring facilities to the detriment of traffic and pedestrian safety.

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

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

4. That before the development hereby permitted is brought into use, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellinghouse and cadvan hire business.

5. That before the development hereby permitted is started a scheme of bollards to be erected on the footway for the entire width of the property frontage (including details of the number and position) shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

6. That prior to the start of the development hereby permitted the scheme of bollards agreed under the terms of condition 5 above shall be implemented to the satisfaction of the Planning Authority.

Reason: To restrict vehicles parking on the footway along the frontage of the application site in the interest of traffic safety.

7 That the carhan hire business shall be restricted to the following times:- Monday to Sunday (inclusive) - 09.00 - 18.00 hours.

Reason: In the interest of residential amenity

List of Background Papers

- Application forms, plans and supporting statement submitted on 22 February 200 1 - Monklands District Local Plan 199 1 - Consultation Response from Transportation Manager dated 5 March 2001 - Consultation Response from Protective Services Manager dated 3 March 2001 - Letter to applicant dated 14 March 2001 - Amended plans and statement submitted 26 March 200 1

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr. Baxter

R0100201 133 APPLICATION NO. C/OO/00201/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application relates to the part change of use of 36 Lauchope Street, Chapelhall. The property is a bungalow with substantial residential garden area. The site is within an area of mixed uses including residential properties, doctor’s surgery, shops and other commercial uses.

1.2 The applicant proposes to operate a car and small van hire business from the house using the large rear garden area for the storage of vehicles. The supporting statement indicates that the business would operate from 9am to 6pm Monday to Saturday and by appointment on a Sunday. It also indicates that a vehicle delivery and uplift service would be included.

1.3 The site is zoned ECONS General Urban Areas in the Monklands District Local Plan 1991 which accepts the principle of mixed uses subject to consideration in terms of access, plot size, built form and impact on amenity.

2. CONSULTATION RESPONSES

2.1 Following consultation through neighbour notification no representations were received.

2.2 The Transportation Manager has indicated that subject to a restriction of the number and size of vehicles for hire and provision of appropriate access, parking and maneuvering areas the site could operate without adverse impact on traffic and pedestrian safety.

2.3 The Head of Protective Services has indicated no objection to the proposal subject to a restriction on the hours of operation.

3. ASSESSMENT

3.1 The application site is located within an area of mixed land uses and in terms of the local plan policy ECONS General Urban Areas such commercial uses are generally acceptable subject to consideration in terms of access, plot size, built form and impact on amenity.

The yard is well screened from surrounding properties by large pine hedging and is quite remote from other residential properties.

3.2 In this instance the applicant has provided amendments to the proposed access and layout of the site to meet the requirements of the Transportation Manager that should enable the site to accommodate up to 10 hire vehicles and 2 cars related to the use of the house as a domestic property.

3.3 Subject to a restriction on the hours of operation and the number of vehicles available for hire I consider that the site should not adversely impact on the amenity of the surrounding properties.

4. CONCLUSION

4.1 In conclusion I consider that subject to the attached conditions the proposed car and van hire use can be accommodated within the site without significant loss of amenity or adverse impact on traffic safety.

R0100201 134 Application No. S/OO/OO2 8O/OUT Date registered 20 March 2000 APPLICANT LOTHIAN INVESTMENTS LIMITED, MOSSBAND FARM, NEWHOUSE, MLI 5SB Agent DEVELOPMENT HOUSING AND SPORTS/RECREATION DEVELOPMENT FOLLOWING RESTORATlON OF OPENCAST COAL SITE LOCATION MOSSBAND FARM, NEWHOUSE, LANARKSHIRE

Ward No. 19 Grid Reference 279585 - 660669

File Reference

Site History There is a significant history attached to the Mossband Farin opencast site i tic I ud i ng : -

Planning applications

(a) M/2/90 - Planning perinission granted for opencast coal extraction on 91/7/91 subject to Bond of Caution of &3000,000. Works started in September 199 1 with a 6 year timescale. (b) M/2/90 - Planning permission granted on 5/7/95 for tlie extraction of250,OOO tonnes of rock aiid importation of soils. (c) S/96/00562/MlN - Planiiing permission granted for extension of timescale of opencast operations until December 1999 and extraction of additional 500,000 tonnes of rock sub-jectto additional Bond of Caution for &130,000. (d) S/00/00099/FUL - Planiiiiig Perinission granted for the removal of 500,000 tonnes of clay stockpiled on 1 1 .O acre (4.4 hectare) site, over a period of 10 years.

General

(a) The previous site operator (Cochrane Mining Lanarkshire Ltd) went into administration in September 1998 aiid the site was dormant for around 6 months. (b) The site was taken over by Lothian Mining Ltd in spring 1999 (c) Lothian Mining have continued to operate beyond tlie December 1999 time limit for the site operations. They have given an undertaking to stop tlie extraction of boulder clay by the end of March and appropriate powers have been authorised by the Council to ensure that this is adhered to.

Development Plan Zoned Green Belt on Northern Area Local Plan Zoned Green Belt on Finalised Draft Southern Area Local Plan

Contrary to Development Plan Yes

135 13 OBJECTORS - PLANNING APPLICATION No. S / 00 / 00280 / Ocrr N HOUSING AND SPORTS / RECREATIONAL DEVELOPMENT A WUOWING RESTORAT1 PENCAST COAL SITE rn 1:lO MOSSBAND FARM, NEWHOUSE. CONSULTATIONS

Objection Scottish Natural Heritage, Glasgow and the Clyde Valley Joint Structure Plan Comiii ittee No Objection West of Scotland Water, Scottish Power, The Scottish Greenbelt c o Ill Ilally Conditions SEPA, Coal Authority, ‘The National Greylioiind Racing Club. S portscot land No Reply

REPRESENTATIONS

Neighbours Newspaper Advertisement Thirteen letters of objection, including two petitions have been received containing 331 signatures

COMMENTS ‘rhis proposal seeks permission to develop the Mossbarid and Windyedge opencast coal sites and adjoining land for residential and sports/leisure use. The proposal involves the development of 9.4 hectares of land for housing, aiid tlie developiiient of an international standard harness racing track, a greyhound track and other sports facilities as part of the restoration of the former opencast sites. The total area of tlie site is 74 hectares, aiid Meiiibers will recall that 1 presented a position statement on the totally unacceptable conditions pertaining at the two opencast sites to the March meeting of the Coiniiiittee.

The residential element of this proposal is contrary to the Greenbelt and Housing policies which cover the site. It is recommended, therefore, that 13lann ing perm iss ion be refused. ‘flie Committee is reminded that if they wish to approve this application. then it will be necessary to refer tlie matter to tlie Scottish Ministers in accordance with the relevant formal notification procedures.

RECOMMENDATION

Refuse for the Following Reasons:-

1. That tlie residential element of tlie proposal is contrary to tlie policies of the Adopted Northern Area Local Plan aiid tlie Finalised Draft of tlie Southern Area Local Plan in which the land is zoned for Green Belt.

2. That tlie residential element of tlie proposal is contrary to the Strathclyde Structure Plan Policy STRAT 1 which concentrates on the re-use of infill brownfield sites within tlie conurbation in preference to fiirtlier development of peripheral greenfield sites.

That the residential element of the proposal is contrary to the Strathclyde Structure Plan Policy RES 1 which sets the overall context for private housing development and stresses a preference for such developiiient 011 “brownfield” infill or redevelopment sites within iirban areas rather than “greenfield” sites.

137 4. That the residential element of tlie proposal is contrary to the Stratliclyde Structrrfe Plan Policy RES IA wliicli sets the criteria for the justification of greenfield release Ior residential development.

5. That tlie residential element of the proposal is contrary to the Structure Plan Policy CB 1 which seelts to limit tlie spread of built up areas and tlie encroachmeiit of development into tlie coil ntrys i de.

6. That tlie residential element of tlie proposal cannot be justified against tlie criteria in the Strathclyde Structure Plan policy GB 1 A which permit exceptions to the general presumption against development in the Green Belt.

7. That the residential element of tlie proposal would be contrary to the existing Glasgow aiid tlie Clyde Valley Structure Plan in that tlie proposal involves residential development in tlie Green Belt and would weaken the Couiicil's attempts to direct new Iio~ising developiiient to vacant and redevelopment sites witliin existing iirban areas.

List of Backgrouiict Papers

Application form and plans and supporting statement dated April 2000 Letters from Applicant dated 7 August 2000 and 30 January 2001 Supporting Statement from Applicant, dated August 2000 Strathclyde Structiire Plan I995 Adopted Northern Area Local Plan 1986 Southern Area Finalised Draft Local Plan 1998 PAN 38 Letter from tlie Coal Authority dated 3 1 March 2000 Letter from West of Scotland Water dated 10 April 2000 Letter fiom Sport Scotland dated I2 April 2000 Memo form Head of Sport, Parks and Transport dated 27 April 2000 Memo from Head of Parks and Catering dated 22 January 200 I Memos from Director of Education dated 25 April 2000 and 4 January 2001 Letter from Scottish Enterprise Lanarkshire dated 7 April 2000 Memo from NLC Protective Services dated 18 April 2000 Letter from tlie Scottish Greenbelt Company Ltd dated 10 July 2000 Memo from Sorrtliern Division Transportation Manager dated 26 July 2000 Memo from Service Manager Planning and Building Control dated 3 1 August 2000 Letter from National Greyhound Racing Club dated 5 September 2000 Letters from Maclnnes Medical Centre. 60 High Street, dated 30 March 2000 aiid 3 1 March 2000 Letters from Bidwells on behalf of Wiii Forrest & Son (Paisley Ltd dated 4 April 2000 and 10 April 2000 Letter from Brian Ward, 32 Biggar Road, Newarthill dated 27 March 2000 Letter from Dr & Mrs Brougli, 30 Biggar Road, Newarthill dated 29 March 2000 Letter froin David Sr .lacqueline Andrews, 436 High Street, Newarthill dated 27 March 2000 Letter from Mr Lawrence Ward, 20 Biggar Road, Newarthill dated 3 April 2000

138 Petition (containiiig 20 signature) froni occupier, 4 Melford Quadrant, Newarthill dated 30 March 2000 Letter from Mrs E MacPhail 432 High Street, Newarthill received 10 April 2000 Petition (containing 3 I) signatures from Mr Delany, 97 Chapel Street Cleland, dated I4 April 2000 Letter from Mr .lames Boyle, 501 High Street. Newarthill dated 19 December 2000 Letter from Mrs A Boyle, 50 I High Street, Newarthill dated 19 December 2000 Letter from CIIr James Martin dated 14th April 2000

Any person wishing to inspect the above background papers should telephone Motherwell 302 127 and ask for Mrs. L. Bowden.

139 Application No : S/00/00280/0UT

1.0 SITE AND PROPOSALS

1.1 Tlie applicant seeks outline consent for residential and sports/recreational uses on a 74.15 hectare site at Mossband, between Newarthill aiid Newhouse.

1.2 Tlie application site, which currently comprises two uii-restored opencast coal sites. is bounded by tlie A73 to the east, High Street, Newarthill to the north west, farmland to tlie west, north and south. There is also a 0.84 hectare site on tlie north west side of High Street which is bounded to the north by agriciiltiiral land aiid to its north east is lionsing. On its south western boundary is a haulage yard which has planning permission for residential developmeiil (Ref 99/0093 1 /OUT).

1.3 The applicant is proposing that the 0.84 hectare site be developed for residential use along with an area of 8.6 hectares ad-jacent to Biggar Road. The applicant’s original submission proposed iiiiicli larger areas of residential development, but this was revised after discussions with officers.

1.4 Tlie remainder oftlie application site is to be in leisure and recreational we. To tlie north of tlie site there are proposals for a sports area with associated car parlting. To tlie south of this area tlie applicant is proposing to constriict a half mile harness racing track and within that a greyhound racing track aiid a full size grass football pitch aiid two all-weather sliow-jiiiiiping arenas within these tracks. The tracks are to be sunlten into tlie ground with viewing areas for cars arranged in tiers around them. There are also two fishing ponds shown to the south oftlie area.

2.0 DEVELOPMENT PLAN

2. I Tlie site is covered by policies El. E2 and E3 of tlie adopted Motherwell District Northern Area Local Plan, 1986. Policy El defines tlie area as Green Belt. This policy permits only development which is clearly required in connection with agriculture, forestry, outdoor sports and open space uses.

2.2 Policy E2 recognises that the site lies within tlie urban fringe which is subject to pressure for developiiieiit. Policy E3 promotes tlie improvement of derelict and under used areas within the Green Belt by means of woodland planting and iiianagement schemes.

2.3 In tlie Southern Area Local Plan Finalised Draft, 1998 the site is covered by policy Env. 6 wliicli identifies tlie site as Green Belt. Policy Env. 6 states that the character and function of tlie Green Belt will be safeguarded and within it there will be a presuiiiption against development or change of use other than that directly associated with and required for agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses.

2.4 The proposal must also be assessed in terms of the wider Regional Developiiient Strategy. The Stratliclyde Structure Plan 1905, was approved, with modifications, by tlie Secretary of State in October 1907. The approved Structure Plan recognises the need to take account of principles of sustainable developiiieiit as an integral part of tlie Regional Development Strategy.

2.5 The proposal requires to be examined against the Structure Plan policies STRAT 1 RES I. RES 1 A. GB 1 and GB I A.

140 2.6 The emphasis of Policy STRAT 1 is to iinprove tlie economic, social and environmental well being of the region through a sustained effort to treat derelict and degraded land and by identifying vacant land which should be brought into beneficial use. Tlie Structure Plan’s clevelopnient strategy therefore concentrates on tlie re-use of iiifill brownfield sites within tlie conurbation in preference to fiirtlier development of peripheral greenfield sites.

2.7 In tlie assessnient oftlie Housing eleiiient of the proposal the Structure Plan is coiiiniitted to ensuring that provision is made for an adequate supply of land for private housing. Policy RES 1 sets the overall contest for residential development and states a preference for siich developinent on “bi.ownfield” iiitill or redevelopment sites within tlie iirbaii area rather than “greenfleld” sites.

2.8 Policy RES1 A outlines tlie criteria against which proposals require to be justified iftlie greenfield lionsing supply is to be increased. The criteria are as follows:-

a) Clear evidence ol‘a shortfall in effective housing land stipply in the relevant liousiiig market area:

17) Tlie evicleiice of need Ibr social or rented lioiising establislied in tlie relevant local authority’s approved housing plan; c) Accessibility to the piiblic transport network and town centres; d) Infrastructure implications; and e) Impact 011 environmental qiiality and policy for tlie Green Belt, greening tlie conurbation or coil lit rys i cle aro iincl towns.

2.9 With reference to criterion a) above, the Glasgow and the Clyde Valley Joint Structure Plan 2000 Fiiialised Written Statement states that there is an adequate supply of effective Iioiising land to meet locally generated demands within each of the Sub-Market Areas.

2.10 Tlie GCVJSP 2000, in accordance with PAN 38, makes provision for a inininiuin five year land supply at all times which is effective or capable of becoining effective to meet tlie pro-jected demand for new housing. Tlie recycling of brownfield land for housing which has underpinned the wider regeneration process, continues to be central to the new structure plan through Strategic Policy 9(B)(ii). Priority continues to be given to the recycling of urban land using ‘brownfield‘ laiicl in preference to ’greenfield’ sites in tlie provision of future housing.

,/ 3.0 CONSULTATIONS

3.1 Coal Authority have stated that tlie application site is within tlie likely zone of influence on tlie surface from workings in I0 seams of coal at shallow to 2501n depth, and from \wrkings in 3 seams of ironstone at shallow to 1 1Om depth, the last date of working being 1900. ‘They have also stated that within 20 metres of tlie application site there are 39 mine entries. In view oftlie mining circumstances a prudent developer would seek appropriate technical advice before works are undertalten 011 site.

3.2 West of Scotland Water have advised that a water supply can be made available for tlie proposals. With regard to sewerage there are public sewers in the vicinity to which drainage from tlie proposals can be discharged.

3.3 Sportscotland have responded that greyhound racing and harness racing are not sports that the) recognise for grant aid purposes arid therefore they have no comments oii these aspects of the proposals. The absence of any cletail on the proposed sportsfields and indoor sports arena mean that they are Linable to comment in any depth on these proposals. As a general principle,

141 Sportscotland recognises that the restoration of former mineral workings offers considerable potential for various sports. particularly those which require extensive land area or are best located away from residential areas. Such uses might include golf courses, motor sports and water sports facilities. They would siipport the re-use of the Mossbaiid site for appropriate sports aiid recreational use.

3.4 The Council‘s Countryside and Landscape Manager lias indicated that, from a landscape point of view, he is glad to see that the after useidevelopiiieiit potentials are being explored prior to the restoration, which wil I determine the eventual landforiii and vegetation. He states that he has no ol>.jection to the after use of some of the extracted areas converted to housing and the reiiiaining areas to recreation with conservation to be incorporated into the restoration scheme. ‘There may be good opportunities to improve the overall appearance of the siirroundiiig landscape as much of it is owned by the applicant. A landscape master plan should be submitted for approval at an early stage as little detail of what is proposed is given on the current p lam.

3.5 From an ecological viewpoint he states that tlie Tillan Burn which crosses tlie site should be retained including its mature trees 011 unaltered ground, notably some oak trees. Whilst there may be potential for pond creation in the Tillan Burn area, this could be by landscaping and -joining the two deep ponds at the east side rather than creating a pond “on stream” as sliowii on the plan. Whether this should be as a fishing concern or for wildlife purposes would require d i scu ss i on.

3.6 SEPA (West) have indicated that they have some reservations about the proposed housing development. The site is close (and frequently down-wind of) the rendering plant at Omoa Works. The rendering process is inherently sinelly and currently gives rise to frequent complaints from residents of Newarthill and Cleland. The operator has appealed SEPA’s aLithorisation condition which is designed to control odours from tlie site. If this appeal is successful, iinpleasant odours from the plant will be permissible. It is also noted that one ofthe proposed fishing areas is formed by widening the Tillan Burn. It will be necessary to maintain a route for fish to migrate up and down the Tillan Burn aiid it would safeguard this requirement if the fishing lagoon was formed off-line of the stream.

3.7 Scottish Natural Heritage (SNI-I) have objected to tlie proposed development, reiterating their comments that the site should be restored in accordance with tlie terms and conditions ofthe most recent planning permission and associated Bond of Caution including tlie content of the indicative restorative plan submitted in siipport of that application and granted in 1997. Restoration slio ii Id therefore provide for general reinstatement to agr icu I tu re with wood land planting within and ad.joining the site boundary, and reinstatement ofthe public right of way between Biggar Road and tligh Street, Newarthill. Such reinstatement would be consistent with tlie site’s inclusion within the Green Belt and the associated planning policies and the Planning Authority’s .jiistitication for granting permission in 1997. Consequently SNH do not support the proposed development as the appropriate meam for securing satisfactory completion of extractive operations.

3.8 The SNH detail the reasons for their objections which are as follows:-

a) The proposal constitutes development in tlie Green Belt. This particular part of the Green Belt is considered by SNH to be a strategically important visual buffer between the A73 and existing built clevelopinent. It also has an important role as a physical b 11ffe r se parat i n g sett I eiii e lit s.

142 13) Tlie extension to the eclge of Newarthill which tlie proposal represents will result 111 the further cumulative deterioration of the character and function of tlie Green Belt at this location. This may lead to fiirtlier implications for nature conservation and impose constraints on opportunities for informal recreation and eiijoyiiient of tlie Countryside.

c) It is highly likely that there are badgers present within the site and a survey of tlie site would be required and mitigation measures agreed with SNH prior to tlie comiiieiicenieiit of any worlts on site.

3.9 North Lanarltsliire Cotincil's Director of Education lias advised that there is sufficient capacity in the neighboilring iiriinary schools to accomiiiodate tlie projected pupil increase. The secondary schools associated with tlie clevelopnient are Coltness High, Braniioclc High and 'Taylor High. Should tlie developnient proceed, there is a possibility that some pupils niaq iiot be accommodated within these schools. This would result in tlie authority having to transport c li i Id re 11 to neigh bo11 ring sc li 00 1 5 with ava i 1ab le acconi in odat i on.

3.10 The Scottish Greenbelt Company have indicated that they are willing to become involved in the project .

3.1 1 Tlie National Greyhound Racing Club lias stated that there is not sufficient information on the application to fiilly assess the proposal. Tlie initial observation is that there may be a serious drainage problem. In addition, if tlie promoter wants to race iinder rules. provision \\/iII Iia\/e to be made for a Stewards' box. a kennel bloclt and a veterinary room.

4.0 OBJECTIONS

4.1 The proposal was advertised iinder Article 18 of the Town and Country Planning (General Permitted Development Procediire) (Scotland) Order 1992 aiid tlie Development Contrary to Development Plans (Scotland) Directiori 1996. Neigliboiir notification was undei-talten by tlie applicant. Twelve letters of ob-jection have been received, including one from tlie local Councillor. and two petitions containing approximately 33 1 signatures.

4.2 An ol?.jectioii lias been submitted by property consultants representing William Forrest aiid Son (Paisley) Ltd. who operate the aniiiial by-products processing plant off Biggar Road. They ;ire ob-jectingto tlie proposals for tlie following reasons:-

i) The proposal is contrary to tlie site's Local Plan zoning as Green Belt, ii) Their clients business requires 100 heavy vehicle movements per day aiid this is incompatible with safe residential me, i i i) The applicant lias an existing consent which requires reinstatement of the land. Reinstatement should not be tied to the granting of a fiirtlier consent for an inappropriate use, iv) Tlie applicant already has a poor record fo: complying with planning conditions and this is merely a device to allow them to default on their obligation to reinstate tlie site. v) The sports development appears to have little merit or proven demand. Additional traffic generated by tlie sports facilities will conflict with their client's vehicles. Any delays in journey times may result in a local accumulation of odours. vi) A rise in residential population in tlie area will lead to a rise in calls for their client's plant to close resulting in substantial -job losses and increased costs for tlie Scottish Meat Processing and Fariiiing industries.

143 vii) It is suggested that tlie application slioiild be refused as it is contrary to tlie following Local Plan Policies: I-ISG I, HSG2. HSG3(4), HSG 12, ENVG

4.3 One petition which contains 3 I 1 signatures conies from an employee of William Forrest & Son who is concerned about tlie implications that tlie proposal might have for tlie company if housing aiid leisure development is allowed nearby.

4.4 Scottish Enterprise Lanarldiire have expressed concerns about tlie provision of further housing sites in tlie vicinity of’ Ravenscraip and, indeed tlie provision of any housing other than on derelict siles. Concern is also expressed about the level of traffic this proposal will generate.

4.5 Tlie reasons given lor ol?jecting to tlie proposals by the remaining objectors can be fairly s LI m iii ar i sed as fo I 1 o w s :-

The residential elemeiit of the proposal is contrary to tlie sites’ zoning as Green Belt in tlie Local Plan; The proposal will result in loss of tlie rural landscape and a reduction in tlie visual amenity of tlie area: The existing road network in tlie vicinity of tlie application site is already iinder strain. There is an accident blaclispot on High Street, Newarthill and tlie proposed development will exacerbate tlie situation; Tlie existing drainage system has difficulty coping with run-off from William Forrest & Sons and it will not be adequate to cope with the proposed development: Tlie demand for housing in this area is questioned and tlie slowing down of construction work at tlie nearby housing site at Cliapelliall because of lack of demand is quoted by some objectors as an example; There are other sites within tlie Council area which have planning permission for housing that haven’t yet been developed. These sites are identified iii Local Plans and are priorities by local and national government. Granting planning periiiission for housing is other areas will pre.iiidice these priority sites; The proposed development will result in a reduction of residential amenity for existing residents by reducing light levels and blocking views. There will also be an increase in noise levels froin tlie increased traffic generated by tlie sports development. There may also be probleiiis with litter aiid pollution from people using these facilities; Tlie demand for tlie greylioundihorse racing facility is questioned by some ob-jectors. They cite tlie recent closure of Carfin Dog Track as an example of lack of demand and it is suggested that the developer is only proposing these facilities to avoid having to infill tlie large void created by opencast mining; There is concern about the ability of tlie local schools and medical practices to cater for tlie increased demand which tlie proposal would bring; and Finally there is a great deal of concern expressed about tlie loss of accessible countryside and tlie proposal’s failure to reinstate tlie Right of Way that crosses tlie site to its original 110s it i o 11.

5.0 PLANNING CONSIDERATlONS

5.1 Tlie residential development proposed on this site within the Green Belt is contrary to tlie policies in tlie Local and Striictnre Plans which cover this area and to current National Planning Guidelines. Whilst tlie applicant has reduced the amount of residential development from what \vas originally proposed, any residential development in this location is contrary to policy. 5.2 The general emphasis of these policies is tlie presumption against new residential development iiiiless it is required in relation to agriculture, forestry, tourism, outdoor recreation and ’ I and sca pe i in p rovem en t . Con t rary to tlie ap p I icant ’ s locatio iia1 j 11st i ficat i o 11, tlie in a i n st ream private lioirsing proposed iii this application cannot bejustified against these criteria.

5.3 ‘The policies also presume against the spread of built tip areas, encroachment on the countryside and the importance of maintaining wildlife habitats. ShoLild this development be grantecl ii would set an iindesirable precedent resulting in tlie loss of Green Belt land.

5.4 Depaitiires from the development plan can only be justified if there is a strong argument in favour oftlie development wliicli is compatible with tlie criteria contained in tlie development plall.

5.5 The applicant lias siibmitted a supporting statement in which it is claimed that tlie residential element of tlie proposal conforms to tlie criteria because of ‘special locational need’ and because of local sliortfalls in tlie housing hid supply. In addition it is argued tliat tlie impact of the proposal on the Green Belt will be a positive one as it will ensure the restoration of workings for tlie benelicial use oftlie coininunity as a whole and tlie local area in particular.

5.6 It is niy view that tlie applicant’s opinion of tlie Housing Land Supply within North Lanarltsliire lias not been accurately interpreted and there is no case for Green Belt release for housing in this area.

5.7 ‘The desirability of housing built in close proximity to tlie Williaiii Forrest & Son site is qtiestioiiable, as many of tlie oL>.jectorshave stated there are already complaints about tlie ability of the existing infrastructure to cope. Building Iiouses even closer to the plant will inevitably lead to increased complaints and woiild put into question any fiiture expansion proposals.

5.8 Whilst many of tlie ob.iectors have questioned tlie conimercial demand for some elements of the recreational developnient, these proposals do accord with tlie development plan and if they were to be submitted without tlie accompanying residential element they would likely be recommended for approval sub.ject to conditions regarding access aiid wildlife and conservation considerations.

5.9 The restoration of Mossband Farm and Windyedge, in accordance with tlie terms ofthe e existing open cast mining consents, would, in my opinion, be of greater benefit to tlie local comiiitinity. notwithstanding tlie current deplorable condition of tlie two sites, as siiiiiniarised in my report to the March meeting of tlie Committee.

6.0 CONCLUSIONS

6. I In concluding. tlie housing proposals are contrary to tlie Green Belt and Housing Policies set out in the development plans that cover tlie site. hi addition there is sufficient housing land to meet the estimated demand over the plan period aiid, therefore, 110.justification for additional greenfield release for residential development in this inarltet area. It is therefore recommended tliat planning permission be refiised.

6.2 Finally, it slioiild be noted that, should tlie Coninlittee reject my recommendation. it will be necessary to refer the application to tlie Scottish Ministers in accordance with tlie “Development Contrary to Development Plans” procedure. The Scottisli Ministers have tlie riglit to call in the application and determine it following a public inquiry. Application No. SI0010 144 I IFUL Date registered 14"' December, 2000 APPLICANT: MR AND MRS SMITH, 33 THORNDENE AVENUE, CARFIN, MOTHERWELL, MLI 4DT Agent Tini Rae (Rae Design), 26 Jamaica Drive, Westwood, East Kilbride, G75 8NU DEVELOPMENT EXTEN S ION TO D WELLINGHOUSE LOCATION 33 TI-IORNDENE AVENUE, CARFIN. MOTHERWELL

Ward No. 5 Grid Reference 277199658762

File Reference S/PL/Bl5/42(3 O)lARlLR

Site History

D eve1o p in e nt PI a 11 Housing - Northern Area Local Plan Established Housing Area - Southern Area Local Plan (Finalised Draft) I998 Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Two letters froiii neighbouring proprietor. Newspaper Advertisement Not Required

COMMENTS The applicants seek planning permission for the construction of a two storey rear extension to their dwellinghouse at 33 Thoriideiie Avenue, Carfin. Two letters of representation have been received from an adjoining neighbour. The neighbour has requested in writing that the Coininittee visit the site before reaching a decision. Notwithstanding the representation made, 1 recoininend that permission be granted.

RECOMMENDATION

Grant, sub-ject 10 the following conditions:-

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

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

146

2. 'That tlie facing materials to be used for the external walls and roof shall match in COIOLII. and texture those ofthe adjoining building.

Reason: 'To ensure that tlie development hereby approved complements tlie ad-joininp dwellinghouse in the interests of amenity.

List of Background Papers

Application forni and plan dated 13"'December, 2000 Southern Area Local Plan (finalised Draft 1998) Northern Area Local Plaii Letter from Mr. P. Byrrie. 35 'Thorndene Avenue: Carfiii (undated) received on 18"' Jaiiuary, 200 I Letter from Mr. P. Byrne, 35 'l'horndene Avenue, Carfin, dated 22'ld February, 2001

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Miss. A. Russell.

148 Application No. S/00101441/FUL

1. SITE AND PROPOSAL

1.1. The application site is 33 Thoriidene Avenue, Carfin. This site is located within an established residential area, originally constructed by the local authority.

1.2. The applicants are ~iroposingto construct a substantial two storey extension on to the rear of their semi-detached dwellinghouse. The proposed extension will comprise of a lounge, utility room and two additional bedrooms on the upper floor.

1.3. Overall, the extension will provide 50 square metres of tloorspace. Its height will be 6.9 metres. within 0.2 iii from the boundary of 35 Tliorndene Avenue.

2. REPRESENTATIONS

2.1. Two letters of representation were received from the neighbours at No. 35 Tliorndene Avenue regarding this proposal. ‘Hie basis of their concerns are as follows:-

(a) The size oftlie proposed extension.

Comments: The neighbours are concerned that the proposed extension is excessive in size. There are no guidelines adopted by tlie Couiicil stating at which point a house-extension beconies excessive. and therefore each case must be considered individually and subjectively. In this particular case there will be ample residual garden ground. I do acknowledge however. that the proposed extension is ofs~iclia scale that the neighbours will be aware of its presence, although I do not believe that the biilk and scale is such that it warrants a refusal.

(13) The proposed extension would significantly reduce all available sunlight to the rear of the neigh boil r i ng property and garden.

Comment: A sunlight/clayliglit test has been carried out and it iiiiist be conceded that there will be a reduction in the amount of sunliglit/dayliglit received at No.35. However. a single storey extension could be constructed at No33 iinder permitted development rights and tlie impact on siiiiliglitidaylight at No35 would be almost identical at ground floor level (ie at the kitchen window).

(c) The noise generated during construction work would be iiiiacceptable.

Comments: As with any development, some noise is to be expected during construction. It is assumed that all work would be carried out in a responsible manner.

3. PLANNING AS SES SMENT

3.1 Two storey rear extensions ofthis size and scale are now becoining iiiore and more popular. At tlie same time. adjacent neighbours are concerned about the potential impact that such extensions will have upon their property. It is for tlie Council to decide when the impact is so negative that the proposal .justifies a refusal, and each application must be considered on its individual merits. The Committee is reminded that similar proposals, with a similar impact on neighbouring properties. have recently been approved.

3.2 The overriding issue with this application is siiiiliglit/dayliglit. The test carried out does show a reduction in available light, but it slioiild be remenibered that tlie applicant could construct it single storey extension iinder his ’permitted development’ rights that woiilcl also reduce his

149 neiylibour’s available light to almost tlie same level as this proposal in respect of the ground floor.

3.3 It should also be borne in mind that the properties on this side of Tliorndene Avenue benefit fro111generous rear gardens. Tliis favours this proposal on two accounts; firstly. the proposctl extension only removes a small part of the applicant‘s garden ground and secondly, the owners ofNo.35 will still have part oftlieir garden ground unaffected by tlie extension.

3.4 f-favingconsidered tlie impact oi’tlie proposed extension to 33 Thorndene Avenue on No.35.s siiiiliglit/clayligli~levels: its design; and its impact on the amenity of No.35’~rear garden. 1 recommend that planning permission be granted. Please note that tlie proprietor of N0.35 has requested that the Committee visit tlie site before they determine the application.

150 Application No. SI0 1 1000431FuL Date registered 1 8 January 200 1 APPLICANT MR & MRS D FENTON, 183 OLD EDINBURGH ROAD, UDDINGSTON Agent laii M Deiiney, 2 Melbourne Avenue, East Kilbride DEVELOPMENT EXTENSION TO DWELLINGHOUSE LOCATION 183 OLD EDINBURGH ROAD. UDDINGSTON

Ward No. 21 Grid Reference

File Reference S/PL/B/9/73(79)/GL/AB

Site History No site history

Development Plan Residential on the Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 1 objection Newspaper Advertisement Not Required

COMMENTS The applicants propose the erection ofa side and rear extension at their property. There has been an objection relating to the loss of a view and daylight, however, for the reasons contained in the attached report it is my recoininendation that permission is granted.

RECOMMENDATION Grant, subject to the following conditions:-

I. That the development hereby permitted shall be started within five years of the date ofthis perm issioii

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

2. That the facing iiiaterials to be used for the external walls and roof shall inatcli in colour and texture those ofthe existing adjoining building.

151

Reason: To ensure the extension matches the external appearance of the existing building and thereby maintains the visual quality of the area.

List of Background Papers

Application form and plans registered 011 18/01/01 Southern Area Local Plan Finalised Draft Letter of objection from Mrs M Penman dated 24/01/01

Any person wishing to inspect the above background papers should telephone Motherwell 3021 04 and ask for Mr Laing.

?

153 APPLICATION NO. S/O 1 /00043/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is a two storey end terrace dwelliiig at 183 Old Edinburgh Road, Uddingston. The property lies within a residential area with the rear of tlie house having a northerly aspect and the rear garden falling away from the Iiouse.

1.2 The proposal is for tlie erection ofa single storey rear and side extension wrapped around tlie existing rear ground floor ofthe house to provide two additional bedroom and a dining rooiii. The extension will be 0.9 metres from the eastern boundary and 0.2 metres from tlie western boundary.

2. OBJECTIONS AND COMMENTS

2.1 The neighbouring proprietor to the west, at 18 1 Old Edinburgh Road, has objected on the grounds that the view over the gardens to tlie east will be blocked by tlie extension and that there will be a diminution in the amount of light received at the rear kitchen windows and garden of the ob-iectors house.

2.2 Taking into account the relative heights of the windows and the extension and after carrying out the appropriate tests, it is clear that the extension will have an effect on the amount of daylight received at tlie rear windows of the objectors property. However the amount of liglit received, will still exceed the Biiilding Research Establishinent Standards used by tlie Coiiiicil to assess these proposals. With a north facing aspect there is little direct sunlight received at the rear of the dwellings and this will, tinfortunately be lost as a result of the proposal There is no facility to measure the loss of liglit in open areas and while there will be some effect at tlie area closest to the extension, the rear gardens of these properties are relatively open and the effect would be similar to the erection of a garage or smaller extension, which may not need planning permission at all.

? 3. CONCLUSIONS

3.1 This proposal relates to a reasonably coiiiiiioii style of extension to a dwellinghouse and raises no design or privacy issues. Having taken into account the objections and for the reasons gibe11 above 1 find that the impacts as a result of this proposal would not justify a refbsal of permission particularly as an extension could be erected which would have exactly the same effects but which would be permitted development. It is my recomiiiendation, therefore, that planning permission is granted for this proposal.

154 Application No. SI0 1 /00058/FUL Date registered 23"' January, 200 1 APPLICANT JOHN CAMPBELL, 17 TARBRAY WAY, HAMILTON, ML3 9" Agent DEVELOPMENT SITING OF HOT DOG CART LOCATION MOTHERWELL RAIL STATION, MUIR STREET, MOTHERWELL

Ward No. 11 Grid Reference 275069657169

File Reference S/PL/B/I 31 14

Site History Plaiining permission for siting of portacabiiis at Motlierwell Station granted 19/7/83 (Ref. No. 300/83) Plaiining permission granted for installation of photography kiosk granted 28/3/83 (Ref. No. 1 15/83)

Development Plan Southern Area Local Plan (Finalised Draft) - Existing Rail Services and I ri frastructure

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS This application relates to the siting of a cart for the sale of hot food in the pedestrian forecourt at Motlierwell train station. The proposed cart would be sited at the front ofthe entrance to tlie train station, next to the area allocated for the picking up and dropping off of passengers.

The site is included within the area zoned for existing rail services and infrastructure in tlie Southern Area Local Plan (Finalised Draft).

No objections from nieiiibers of the public have been received in relation to this application.

1 do however have serious concerns about the proposal from a road safety point ofview. It is considered that the proposal would attract an additional volume of traffic into the station car park, thereby reducing tlie already niodest capacity of this area. At present tlie car park is designated as both a picking up and dropping off point for passengers arid as a taxi rank. It is considered that such an increase in traffic caused

155

by customers visiting the proposed snack bar woiild lead to an obstruction to the flow of traffic, both withiii the car park and on the adj o i ii i ng pub 1 ic Ii igliway .

I am concerned that any obstructions of this nature would be hazardous to the safety of pedestrian and vehicular traffic iii this busy area. For the above reasons, it is therefore considered that the application shoiild be refiised.

RECOMMENDATION

Refuse for the Following Reasons:-

I. That the increase in the volume of traffic caused by customers visiting the proposed inobile snack bar, would cause an obstruction to the flow of traffic, both within the station car park and the ad-joining public road, to the detriment of the safety of both pedestriaiis and vehicular traffic.

List of Background Papers

Applicatioii form and plans dated 23/I/O I Finalised Draft North Lanarkshire Southern Area Local Plan

Any person wishing to inspect the above background papers should telephone Motherwell 302 138 and ask for Carla Parkes.

157 Application No. SI0 1 I00 122/AMD Date registered 7th February 200 1 APPLICANT H.J. BANKS & CO LTD, SUITE 71-73 FOUNTAIN BUSINESS CENTRE, COATBRIDGE, NORTH LANARKSHIRE, ML5 3AA Agent DEVELOPMENT AMENDMENT TO CONDITION NO. 3 1. PLANNING CONSENT NUMBER Sl99/01661/AMD, TO ALLOW FOR CONTROLLED BLASTING. LOCATION WATSONHEAD OPENCAST SITE, MORNINGSIDE, NEWMAINS

Ward No. 16& 17 Grid Reference 284100654409

File Reference S/PL/BI3/10 l/AMDlCPlLG

Site History Planning Permission for extraction of coal and fireclay by opencast methods at Watsonhead granted 25tl1 February 1998 (Kef. S/97/00/025/MIN). Planning Permission for establishinent of Rail loading facility at Opencast site granted 13th January 1999 (Ref. S/98/00 1 1 72iFUL). Planning Permission granted for Aiiieiidineiit to Consent Ref. S/97/00625/MIN, to allow for an extension of operational activity within site boundary at Watsonhead Opencast site granted 1 st June 2000.

Development Plan Southern Area Local Plan, Finalised Draft - Preferred Area for Opencast Extraction

Contrary to Development Plan No

CONSULTATIONS

0b j ect io 11 Morningside Residents Association No Objection R.S.P.B Conditions S.N.H No Reply

REPRESENTATIONS

Neighbours 1 letter received Newspaper Advertisement Wishaw Press l6tll February 2001,33 letters received and a request for a public hearing

COMMENTS This application relates to an amendment to previous applications for Opencast coal extraction at this site, the most recent of which was approved in June 2000 (Ref. Sl99/0 166 1 IAMD). The applicant is currently seeking an amendment to Condition no. 3 1 of the latest PI a ii n i iiy Pe rin i ss i on, w I1 i cli prec I iid es b I ast i iig at the site.

158

The applicant is initially applying to carry out a test blast in one area of the opencast site. The results of this test would be reported back to tlie Council and if considered satisfactory, tlie applicant would then seek approval to carry out controlled blasting operations, within that part of the site, identified on the submitted plans. A number of objections have been received from neighbouring residents aiid local cominiiiiity groups, in relation to this application. My detailed coiniiieiits in relation to this application and tlie views of both consultees and neigh boil r i iig representat ions, are inc 1 tided i ii the accoin pan y ing report.

RECOMMENDATION Grant, subject to tlie following conditions:-

I. No site test blasting shall take place until an approved blast design has been submitted and agreed in writing with tlie Planning Authority. The precise details of which shall include a specification incorporating tlie number and location of test blasts, charge heights, number and position of drill holes. charge packing material and niiniber and location of monitoring stations.

Reason: In the interests of site safety and the amenity of tlie area generally.

2. No blasting will take place witliin 150 metres of any badger sett (as shown on plan HJB/271/92) except in accordance with proposals agreed in writing with tlie Planning Authority. such proposals to include:

a) an assessment. in tlie light of the proposed test blast, of the impact of tlie test blast upon any badger setts within 150 metres of the area proposed for blasting on plan HJB/27 1/92;

b) the cleteriiiination in tlie light of (a) above of levels of ground vibration which can be regarded as acceptable at each badger sheet;

c) cleteriiiination, in the light of (a) aiid (b) above, of any areas witliiii 150 metres of any badger sett shown on plan HJB/27 1/92 where blasting will be undertalten and tlie ground vibration limits which should apply to any such blasting.

Reason: In the interests of local wildlife and general amenity of tlie area.

3. Apart froni site test blasting no other site blasting shall take place until an approved blast design has been subiii itted and agreed in writing with the Planning Authority and this shall only be given after the results of the test blasting have been submitted to and agreed with tlie Planiiing Authority. The precise details of which shall be specified in a site working prograinme to include tlie number and location of blasts and full description of all site aiid off site monitoring and impact mitigation m easii res.

Reason: ‘To acctirately defjne the extent of tlie permission in the interests of the ainenity of the area genera II y .

4. That the Planning Authority shall be given a iiiiiiiiiiiiiii of 7 days notice prior to any site blasting.

160 Reason: To allow the Coiincil to adequately prepare for proposed site blasting operations.

5. That notwithstanding tlie terms of tlie approved application all occupiers of monitored properties during test and other site blasting shall be notified in writing a minimum of 24 hours prior to an\' operations.

Reason: In the interests of tlie residential and general amenity of tlie area.

6. That occupiers of all noise sensitive properties identified by the Planning Authority in tlie area shall be given prior notification in writing of tlie intended dates for any trial blasts and any subsequent general blasting and submit any changes to these dates a minimuiii of 24 lioiirs prior to tlie carrying out of any blasting operation.

Reason: In tlie interest oftlie residential and general amenity of tlie area.

7. No more than one approved site blasting operation shall be carried out on site each day.

fteason: In the interests of tlie residential and general amenity of tlie area.

S. That no explosives in connection with site blasting shall be stored on site at any tiiiie.

Reason: In tlie interests of public safety.

9. No site blasting shall be permitted outwith tlie hours of 10.30 ani - 12.30 pm and 1.30 pm - 4.00 pm Monday to Friday.

Reason: In tlie interests ofthe residential amenity of the area.

i 10. No site blasting shall be permitted on Saturdays, Sundays or Bank Holidays.

Reason: In the interests oftlie residential amenity of tlie area.

1 I. No site blasting shall be carried out during weather conditions which are likely to direct tlie blast air overpressure towards noise sensitive properties and such conditions shall be agreed with tlie Planning Authority prior to blasting taking place..

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

12. Site blasting shall only be carried out after suitable audible and visual warnings have been given and that prior to coniiiienceiiient of site operations the occupiers of all noise sensitive properties around tlie site shall be notified in writing of tlie nature of tlie warnings.

Reason: In tlie interests of public safety and residential amenity of tlie area.

161 13. All site blasting shall be carried out using best practical means available to eiisure that resultant noise, vibration and air overpressure are minimised to tlie satisfaction of tlie Planning Authority in nccordance with current British Standards and Minerals Guidelines.

Reason: In tlie interests of piiblic safety and residential amenity of tlie area.

14. Appropriate site blasting tecliiiiqiies shall at all times be adopted and instantaneous charge levels selected such that the predicted peak particle velocity shall not exceed 6 mm/sec in any plane in 05% of all blasts and no individual blast shall exceed a peak particle velocity of 1 iiiiiiisec as measured on tlie ground adjacent to any vibration sensitive building.

Reason: in [lie interests of pLiblic safety and residential amenity oftlie area.

15. All site blasts sliall be monitored and records maintained sotliat tlie measurements of peak particle velocity as restricted under tlie terms of condition 12 above, can be identified and these records shall be made available for inspection by any authorised party during quarry site office hours and vibrograph analysis charts shall be stibiiiitted to tlie Planning Authority on a iiioiitlily basis.

Reason: In tlie interests of proper site management.

16. All site blasting operations shall have regard to safe quarrying practices and be such that ~inder normal atiiiospheric conditions tlie peak linear and air overprewire level of 120dB shall not be exceeded as measwed at any noise sensitive properties.

Reason: In tlie interests of public safety and residential amenity of the area.

List of Background Papers

Applications forms accompanying details plans rec. 7th February 200 1 Supplementary statement from applicant dated 6th March 2001 Report dated March 200 1, from applicant, prepared by Huinphries Rowel1 Associates Southern Area Local Plan Finalised Draft Natioiial Planning Policy Guidance 16, Opencast Coal and Related Minerals. Planning Advice Note 50 - Controlling the effects of dust and noise at opencast sites Draft Report on this application from Babtie Group Consultants, on behalf of the Council dated 26th March 200 1 Letter dated 25th February 200 I, from Morningside Residents Association Letter dated I It11 Febr~iary2001, from R.S.P.R. Letter dated 15th March 2001, from H.S.G. Letter dated 15th March 2001, from S.N.H. Letter dated 8th March 2001 from W. Milne, 241 Morningside Road, Newmains Letter dated 18tll Marcli 2001 from A. Iliglis. 232 Mornhgside Road, Newmaiiis Letter dated 18tl1 March 2001 from .I.Storie, 232 Morningside Road, Newmains Letter received I3tl1 March 200 1 from Cordon Davidson, 327 Morningside Road, Newmains

162 Letter datecl 8tli March 200 I from H. Paton. 329 Morningside Road, Newinains Letter dated 7th March 200 I from G. Kelly, I0 Catliburn Holdings, Morningside, Newmains Letter dated 3rd March 2001 from H & J Smytli, 297 Morningside Road, Newmains Letter dated 7th March 200 1 froni F. Taylor. I 7 Catliburn Holdings, Morningside, Newmains Letter dated I SI March 200 1 from S. MacFarlane, 209 Morningside Road, Newmains Letter dated 5th March 2001 from M. MacFarlaiie, 209 Morningside Road, Newmains Letter dated 28th February 200 1 from E. Boyd, 333 Morningside Road, Newmains Letter received 5th March 200 I from K. Blyde. 333 Moriiingside Road, Newiiiains Letter dated I st March 200 1 from Adain Mcl

163 APPLICATION NO. S/O 1/00 122/AMD

REPORT

I. INTRODUCTION

1.1 This application relates to an aniendment to the most recently approved application for opencast coal extraction. at tlie Watsonlieacl site, near Morningside, Newmains. Tlie applicant is seeking an amendment to condition 110.31 ofthe latest plaiining permission, \vhich currently prohibits the carrying out of blasting operations at the site.

2. APPLICATION SITE AND HISTORY

2. I ?_1 lie original planning npplicotion for opencast operations at the Watsonliead site, related to tlie worliinp of 78 hectares of land to the south east of Morningside Village, Newmains, to allow for tlie removal of coal and fireclaq reserves by opencast methods. This applicatioii wliicli was approved iii February 1998 (Ref. S/97/00625/MIN), related to the extraction of up to 400,000 tonnes of coal and fireclay within a 3 year time period. The site was to be worked in 3 phases, with tlie northern iiiost area (Area 'A') South of Mill Road being worked first. This would be followed by Area 'B' to tlie West of Watsonliead Farm aiicl Area 'C' the sniallest site, located between areas A and B.

2.2 In January 1909- an application relating to tlie establishment of a rail loading facility on land to tlie west of Morningside Road, to serve tlie above opencast site, was approved (Ref. S/98/01 172/FUL).

2.3 A more recent application, for an amendment to the boundary of tlie opencast site, to include an additional area of extraction (approx. 1.65 hectares of land), near Watsonliead Farm was approved in June 2000 (Ref. S/99/0166 I/AMD). Tlie current application relates to an amendment to Condition No.3 1 of tlie latest planning consent for this site. Planning Condition no. 3 I, currently precludes tlie carrying out of blasting operations, at aiiy time within the site. reflecting tlie original wishes ofthe applicants.

->9 CURRENT PROPOSALS

,3.1 Coal estractioii activities began at tlie Watsonliead site in June 2000 and up until January of this year works were proceeding within tlie appropriate time schedule. However, the operators have recently encountered a thick seam of sandstone, whicli they state, has become increasingly difficult to excavate. The operators are therefore faced with significant operational difficulties, which they claim were not anticipated during site design or tlie planning process.

3.2 After carrying out tiii-tlier investigations and seeking advice from independent coiisultants (Vibroclc Ltcl). they have now concluded that the controlled fractioning of this band of sandstone, using iiiiiiiiiial explosive charges, would be both a safe and effective iiieaiis of achieving tlie required result.

I1 .I .3 The current application therefore relates to an amendment to colidition no. 3 1 of planning consent no. SI99iO 166 1 IAMD, to allow for tlie carrying out of controlled and monitored blasting operations at the Watsonheacl site. The area ofthe site affected by the proposed blasting operations, includes the western sections of areas 'A' and 'B' and is higllliglited on the relevant Coiiiiiiittee Plan.

3.4 Tlie proposed blasting would be done by setting out a series of boreholes, within a restricted area of the sandstone bancl. Limited explosive charges would then be inserted directly into these holes

164 (mas 2 I kg), prior to their controlled and inonitored detonation. It is proposed that blasting will not take place on Saturdays, Sundays or Bank Holidays and that no more than one blast will be initiated each clay and only used where site conditions are appropriate.

3.5 The applicant proposes that a condition be imposed on any consent relevant to this application, requiring that a test blast be carried out within an agreed area of tlie site. This test blast would be monitored by Vibrock Ltd, in liaison with the Council and tlie local site Liaison Coiiiiiiittee, to enable a formal graritiiig of consent, to blast within tlie designated area, providing that tlie results of this test are satisfactor), Thc applicant has also requested that detailed conditions relating to blasting limitations bc imposed. oiice tlic review of test blast operations lias been completed.

4 CONSULTATIONS

4.1 The Royal Society for tlie Protection of Birds and the Health and Safety Executive were consulted and have no ob-jections in respect of this application.

4.2 Scottish Natiiral Heritage raises no ob-jectionsto tlie application providing that tlie following factors are taken into consideration:- ‘That care is taken during blasting operations to eiisure that the resulting dust eiiiissioris are prevented from entering local watercourses or damaging tlie surrounding semi natural vegetation. ‘rliat the methods to be employed. in order to iiiinimise tlie disturbance of protected species, e.g. badgers. Iiarticularly at sensitive periods in their lifecycle, sliall be to tlie satisfaction of S.N.H. That tlie proposed blasting operations shall be designed so as to avoid disturbance to tlie area of peat, to [lie \vest of excavation area ’B’.

4.3 Morningside Residents Association object to this application as it considers that tlie original planning condition to prevent blasting at the site was necessary, in order to protect the amenity of the area. It also states that the area around Morningside is heavily undermined and prone to collapses witlioiit warning. It fiirtlier considers that tlie proposals are contrary to tlie guidelines contained in N.P.P.G 16, which recommends that planning permission relating to opencast sites should tiorinally be refused, where there are residents living within 500 metres oftlie site blasting, unless it can be established that there is a clear benefit to the local comiiiiinity. The Association considers that tlie current application is of no benefit to tlie Coiiimiinity and is submitted for piirely coiiiniercial reasons.

5. IiEPRES ENTATI ON S

5.1 Thirty-one letters of ob-jection have been received froiii local residents in relation to this application. A letter of ohjection has also been received froiii Newinailis Coininunity Coiincil and froiii tlie Scottish Opencast Action Group, concerning this proposal. Karen Whitefield M.S.P. has also written to express coiiceriis. 011 behnlf-’of one of her constituents. Tlie main grounds of objection are as follows:-

1 ) Tlie planning condition to preclude blasting at this site was imposed on both previous planning consents for the relevant opencast worltings. This condition was required iii order to protect tlie amenity of the area and should be retained for such purposes. 2) Tlie initial surveys carried out by the operator should have identified tlie need for blasting this site and siicli information should have therefore been available with the original planning application 3) That the cletails included with this application are both sparse and contradictory, in terms of tlie proposed size and frequency of blasting operations. 4) That the ground around Morningside is heavily Lindermined and lias had a history of several collapses without warning in recent years. Residents fear that tlie proposed blasting will increase the incidence of fiirtlier collapses, thus exposing their lives and properties to danger. 5) That the risk ol’subsidence, as a result of the proposed blasting would affect the value of local

165 properties 6) That the proposed blasting operations at the site would restilt in a significant increase in noise.and disturbance. Residents have conimented that they are already subjected to a considerable aniount of noise ntiisaiice, owing to tlie operation of heavy plant and equipment at tlie site. 7) l3lasting will increase tlie levels of dust emissions froiii tlie site, thereby causing a hazard to tlie health 01’ local residents and in particular, young children. 8) The storage ol’explosives at the site would represent a threat to tlie safety of tlie public. 9) The proposecl blasting operations would encourage younger members of tlie commiiiiity to gather near the site, exposing tliem to danger. 10) That the proposnl is contrary to government guidance contained in N.P.P.G. 16. which states that opencast coal workings shoiild not come within 500 metres of residential properties. 1 1 ) Further clisruptions to tlie local water supply, sucli as burst and contaminated water supplies, coiilcl result froni increased operational activities at the site. 12) The operators have a history of‘ not complying with existing planning conditions relating to tlie ongoing opencast operations, particularly in respect of wheel washing and site start times.

5.2 A local resident lias foriiially requested that this application be referred to a public hearing, in view of the serious implications it raises, and the level of public concern it has caused.

6. PLANNING OBSERVATIONS

6.1 The ciirrent application relates entirely to the principle of allowing blasting operations, which are precluded iincler the terms of the original and subsequent planniiig consents and this application must be considered entirely on this basis.

6.2 This report outlines tlie planning policy context in respect of tlie proposed operations and then goes on to look at the issues raised by both local representations and coiisultees in respect of tlie application. As stated above, tlie applicant lias appointed consultants, to identify tlie need for blasting operations and to give considcratioii to tlie best nieans of carrying out such. in consideration of this planning application. the Council lias appointed consultants (the Babtie Group), to provide independent advice on tlie fo I I o\v i iig matt e rs :-

I) To consider tlie need for blasting operations and whether or not tlie applicant shoiild have been aware of’this need, prior to tlie start of opencast works at the site. 2) To review the blasting report siibiiiitted in respect of this application and in particular, to assess the predicted vibrational effects on surrounding properties. The consultants findings are referred to chriiig consicleration of tlie issues identified in paragraph 6.6 below.

0.3 The application site lies within the Greenbelt and the area allocated for blasting lies entirely within the preferred area t’or opencast extraction. as designated in the Southern Area Local Plan. Finalised Draft.

6.4 The Local Plan seelts to direct mineral extraction activities to such areas, in order that marltet deiiiands can be satisfied, in accordance with national requirements and that any adverse environmental effects can be minim ised. There are no policies within tlie Local Plan specifically related to blasting operations. However, the Local Plan states that when assessing applications relating to opencast operations, the Planning Authority should give consideration to several criteria, including tlie following:- - the impact of tlie proposal 011 tlie residential amenity of nearby commiinities. - the environmental implications of tlie proposal. including tlie iiiipact on landscape quality,visual a iii e ii it y, 11a I 11re CO 11se rv at i o 17 and w ate rco iirses.

166 6.5 National Planning Guidance provided in Planning Advice Note (P.A.N.) 50, gives advice to both Planning Aiitliorities and opencast operators, in respect of the best available means to ensure that tlie impact of noise ancl dust emissions from siicli operations are kept to acceptable levels and gives guidelines in relation to noise and vibration levels associated with blasting operations. National Planning Policy Guidelines N.P.P.C. 16, also gives government policy guidance, in respect of opencast coal operations. Tlie guidance contained in both local and national planning documents is referred to when appropriate, in tlie consideration of tlie main planning issues identified in respect of this application, as discussed below.

6.6 The priiiciple planning issties which have been raised in respect oftliis application and which require to be talmi into account in its determination include tlie following-

I ) ‘The need lbr blasting 2) Ground vibration and in particular its affects on tlie stability of surrounding properties. 3) Airhorne vibration and associated noise problems. 4) Effects ol’dust emissions. 5) Effcc~son local wildlife. 6) Public safety issiies.

Tlie consultaiits appointed by tlie Cotiiicil have produced a report which covers tlie first three of these Issues.

NEED FOR BLASTING

6.7 Tlie applicant has stated that they need to carry out blasting operations to remove coal from tlie site (approximatcly 2S% ofthe estimated total otitpiit), as tlie coal lies beneath a band of very strong sandstone wliicli carinot be practically or econoiiiically excavated using even the heaviest plant on site and that blasting is therefore necessary. to continue excavation and maintain production levels. Tlie applicant also claims that this difficulty could not have been foreseen during initial geological surveys of tlie site and. if allowed, will complete coaliiig operations in early 2002 and final site restoration later tlie same year, one year earlier than currently allowed tinder tlie terms of the present consent. The COLII~CIIs. coiisiiltants have studied samples of tlie sandstone rock referred to, on site, where it hiis been exposecl as a result of current opencast worltings. From observations they have identified that tlie band width ol‘this rock is very thick (tip to six metres in places) and tlie joint spacing is wide (approximately two metres). Tlie resulting block size would therefore be too large to perinit digging by mechanical excavation. They have also studied borehole and site investigation information, prepared by tlie applicant prior to tie commencement of opencast operations at this site. From this inforiiiatioii, tlie consultants havc concluded that tlie applicant would not have been able to establish such difficulties, in advance of sitc operations and conclude that tlie need to blast could not reasonably have been predicted from tlie origiiial site prospecting information.

GROUND VIBRATION

6.8 The applicants claim that blasting will be designed to restrict any ground vibration to levels well below that at which clLiniage to property could OCCLI~and state that proposed blasting will be designed well within the acceptability range recommended in PAN50 of 0 to I5 iiiiiiisec at 40 Hz.

The presence of old worltings is coiiiiiioii at many opencast sites within the UK. Extensive monitoring by Vibroclc Limited of blast induced vibration at sites with old workings has established that the presence ol’tliese features does not significantly affect tlie transmission of seismic waves generated bq blasting on opencast coal sites in this country. Furthermore, it makes no difference to a property or structure whether or not it is situated over an area of old workings when blasting of this iiiagiiitiide is

167 being iiiidertalwi as the seismic wave will not collapse tlie remaining coal pillars nor will tlie workings increase tlie vibratiori effects.

The Council’s consultants contiriii that ground bourne vibrations are tlie most likely cause of structiiral clainage in any blasting operation. Guidance on measurement and level at which damage can be expected is contained in British Standard 7385 which sets the limits in terms of vibration force to between 15 to 50 minisec at 40 Hz at wliicli cosmetic damage to property may occiir. In terms of striictiiral damage to property, tlie consultaiits conclude that there is no justification for seeking to lower this tliresliolcl in this case confirming that adequate control can be exercised tliroiigli tlie production ancl implcmentation of an appropriate blast design which would restrict any resultant vibration force to within the limits stntccl. ‘I’lie applicants have stated a niid range figure of 6 iiimisec which is consiclered acceptab I e.

AI RBORN E VI BRATION

6.9 The Council’s consi~ltantsview the possibility of airborne vibrations as less likely to lead to structural clainage but may be of niore coiicern to local residents in terms of possible disturbance and perceived intrusion OF privacy. The precise level of iinpact relative to vibration aiid noise generation can only be accurately assessecl following the production and iniplementation of an approved and monitored test blast which will allou; further refiiiements to be made to future blast design to minimise still further off site impacts associated with these operations. The Council’s consultants welcome this proposal and have recoininended some changes to the test blast design in order to maximise tlie information obtained in relation to rock strength, noise. dust and vibration levels analysis of which will aid future blast design at tlie site. Weatlier conditions are also judged to be an important factor which can strongly influence the transmission of air blast and shoiild not be allowed during adverse weather conditions or periods of low cloud cover.

6.10 The consultants conclude that sub-jectto tlie successful impleinentatioii of a site test blast that all of the above issues have been adequately addressed by the applicants subiiiissioii aiid provided that tlie full design parameters of aii agreed test blast regime are adhered to then there is no technical reason not to ~iermitblasting at this site as it will have no adverse structural iiiipact on properties outwith tlie opencast s i te bo LI ncla r ies .

DUST EMISSIONS

6.1 1 The control of dust emissions and flyrock within tlie declared working area is a prodiict of a blast specification tailored to meet tlie actual site circiiiiistaiices within which blasting operations will take place. Strictly controlled iinder tlie term of the Health and Safety Comiiiission Quarries Regulations 1999, these matters iiiiist be assessed aiid state any special precautions required to achieve adequate control over these matters. The operation of a suitably designed test blast would allow the vibration characteristics of the rock strata within and aroiiiid the site to be accirrately determined which will assist in tlie foriiiulation of later blast design which will take all reasonable steps to control dust and particle emissions both within and outwith tlie site.

LOCAL WILDLIFE

6. I2 Scottish Natural Iieritage have been involved with these opencast proposals from tlie outset and have worked closely with the developers to niininiise tlie impact of opencast operations on a badger colony living nearby. SNI-I have again been consulted in respect of this current proposal and have offered no ob.jection in principle to blasting at this site siib-iect to an exclusion distance of 150 metres from any baclger sett. Any blasting proposed within this zone to be subject to satisfactory test results relative to groiind v i brat i on.

168 PUBLIC SAFETY

6.13 The use ofcsplosives and site blasting is strictly controlled by the Health and Safety Coiiiiiiission Quarries Regiilations. The applicants liave cont?rined that they are bound by the current code of practice ancl that there will be no public safety issues arising out of these proposals. The applicants have fiirtlier confirmed that explosives will not be stored on site and that all required iiiaterials will be transpoi-ted to tlie site tlie day of use.

7. CONCLLJ S I ONS

7.I There are 110 planning policy ob.jections that would prevent blasting at this site and on tlie basis oftlic above en\~irotimriitaland amenity assessment of tlie proposals there would appear to be no jiistil'iable reason for not allo\ving this development. On the basis of tlie teclinical assessment by the CoLincil's consultants, 1 am fiirtlier satisfied that tlie coiiceriis expressed by local residents can be addressed through the i~npositionof appropriate planning conditions and would therefore recommend conditional approval to the application, sihject to the satisfactory completion of a suitably designed site test blast. The results of which will require to be assessed by the Council and its consiiltants and shall influence the design of any subsequent operational site blasting programme.

169 Application No. S1011001341FUL Date registered 12th February 200 1 APPLICANT ALAN FRAME, I07 BENHAR ROAD, SHOTTS, ML7 5EP Agent George Simpson, 40 Main Street, Braehead, Lanarltshire, ML1 I 8EZ DEVELOPMENT EXTENSION TO DWELLINGHOU SE LOCATION 107 BENHAR ROAD, SHOTTS

Ward No. 20 Grid Reference 288004 660467

File Reference SIPLIBI 1 7140(94)lARILG

Site History Construction of garage - S/97/00203lFUL - Approved

Development Plan Shotts Local Plan - Residential Southern Area Local Plan (Finalised Draft) - Residential

Contrary to Development Plan No

CONSULTATIONS

0b j ection No Objection Conditions No Reply

REPRESENTATIONS

Neigh bo u rs One letter Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning permission for a proposed extension to his dwellinghouse at 107 Benhar Road, Shotts. One letter of ob.jection has been received from a neighbouring owner. The grounds of objection and my coiuments regarding this application are contained in lily accompanying report. Notwithstanding the objection, I recommend that permission be granted.

RECOMMENDATION

Grant subject to the fo I I ow i ng cond it i oils :-

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

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

170 --_------I 2 That the facing materials to be used for the external walls and roof sliall match in colour and texture those of the existing adjoining building.

Reason: To ensure that the development hereby approved complements tlie existing adjoining d we I i i n glioii se

List of Background Papers

Application form and accoinpanying plans dated 12tIi February 2001 Sliotts Local Plan Soiitlierii Area Local Plan (Finalised Draft) Letter dated 2Otl1 February 2001 from William & Elaiiie McCaffei-ty, I05 Benliar Road, Sliotts

Any person wishing to inspect tlie above background papers should telephone Motherwell 302099 and ask for Allison Russell.

172 APPLICATION NO: S/O 1/00 134/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is I07 Benliar Road, Shotts located within an established residential area.

1.2 The property is a traditional one and a half storey terraced cottage.

I .3 The application is for the coiistriictioii of a single storey rear extension, coin prising of a sitting room and toilet. The proposed extension is one inetre froin the boundary with 105 Benhar Road.

2. REPRESENTATIONS

2.1 One letter of objection has been received from a neighbour. The grounds of the ob-jectioii are:-

(A) Lack of privacy.

Coin in en t : The proposed extension will have only oiie siiiall window on the elevation closest to the boundary with 105 Benhar Road. In my opinion there are no overriding privacy reasons for recoinmending a refiisal.

(B) Extension is out of character with existing property.

Coin men t : I am satisfied with the design and scale of the proposal. A condition has been attached to ensure that the proposed extension is finished in inaterials to match the existing dwellinghouse.

(C> Restricted access for window cleaning.

Corn iiient: ,.I his is not a material consideration.

7 3. PLANNING ASSESSMENT

3.1 The proposed extension is acceptable in term of design, privacy and sunlight / daylight 1 iii p Ii cat i on s.

3.2 Overall I ani satisfied with this proposal and recominend that permission is granted.

173 Application No. S/O 1 /00 1 53/FUL Date registered I3 February 200 1 APPLICANT BERNARD BROGAN LTD., NETHAN STREET, MOTHERWELL Agent DEVELOPMENT ERECTION OF 2.54 METRE PALISADE FENCE AND SITING OF PORTACABIN LOCATION NETHAN STREET. MOTHERWELL

Ward No. 3 Grid Reference 3741 86 658681

File Reference SIPLIB/ 131 14( 1 75)DJ/AB

Site History Plaiining permission (ref. no. 96/00263/FUL) granted August 1996 for change of use from vacant site to overnight parking lot and extension to existing hardstanding operations. Plaiiniiig permission (ref. no. 95/00788/AMEND) granted in May 1996 for provision of 4 no. new fuel storage tanks within build wall and new landscaped area to screen tanks. Planning permission (ref. no. 95/00540/FUL) granted in November 1995 for erection of new fencing and regradiiig of land forming vehicle hardstand ing. Planning periiiission (ref. no. 184/95) granted in July 1995 for 4 new fuel storage tanks and associated landscaping. Planning permission (ref. no. 485/91) granted in January 1992 to extend yard and provide new access. Planning permission (ref. no. I81/78) granted in June 1978 for alteration to stores building and erection of oil tank. I’laniiing permission (ref. no. 41 34) granted in December 1974 for extension to office premises. Planning permission (ref. no. 3726) granted in October 1972 for erection of oil storage tanks. Planning permission (ref. no. 322 1) granted in September 1969 for erection of lubrication bay. Plaiining permission (ref. no. 2969) granted in January I968 for extension to office. Planning permission (ref. no. 99/01 333/FUL) granted in March 2000 for erection of seven poi-tacabins, two steel framed stores and siting of oil storage tanks.

Development Plan Zoned as Established Industrial and Business Area on Southern Area Local Plan (Finalised Draft)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Scottish Power Conditions No Reply

174 I

Car Park . REPRESENTATIONS

Neighbours 1 letter of objection Newspaper Advertisement

COMMENTS This application involves tlie replacement of a 2.2 111 high dilapidated concrete post and wire perimeter feiice with a steel 2.54 111 high palisade security fence at Brogans Yard, Nethan Street, Motherwell. The application also involves the siting and erection of a portacabin at the entrance to tlie yard to provide further security for the site which is currently experiencing a number of break ins and thefts.

One letter of ob-jection has been received from an adjoining neighbour concerned that the fence will be additional to tlie existing post and wire perimeter fence adjacent to tlie objectors back garden fence at 2 1 Malleable Gardens thus adding to the unsightly nature of this area.

The proposed new security feiice will replace tlie existing arrangements using the same feiice line as at present which will, in my view, improve tlie appearance of the overall area, including this boundary. 1 am therefore satisfied that this proposal is acceptable and that planning consent should be granted.

RECOMMENDATION Grant, subject to tlie following conditions:-

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

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

List of Background Papers

Application form and plans received 13/2/01 Southern Area Local Plan Finalised Draft Letter from Scottish Power dated 12/3/01 Letter from Mrs M Mooney, 2 I Malleable Gardens, Motherwell dated 26/2/01

Any person wishing to inspect tlie above background papers should telephone Motherwell 302 126 and ask for David Jones.

176 Application No. SI0 1 I00 168lFUL Date registered 6 February 200 1 APPLICANT McLEAN HOMES WEST SCOTLAND LTD., TRIDENT HOUSE, RENFREW ROAD, PAISLEY PA3 4EF Agent DEVELOPMENT ERECTION OF 65 HOUSES AND ANCILLARY WORKS LOCATION LAND WEST OF GILCHRIST WAY, DIMSDALE, WISHAW

Ward No. 8 Grid Refe re lice 27993 I 654390

File Reference SIPLIBII OI7IAMIAB

Site History 97/00237/FUL - Wilcon Homes consent granted for 24 1 houses - built 36 Iiouses 99/00022/FUL - McLean Homes consent granted for 54 houses on part of site for which Wilcon Homes were granted coiiseiit (above)

Development Plan Southern Area Local Plan - Private Housing Development Opportunity

Contrary to Development Plan No

CONSULTATlONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 4 letters of objection Newspaper Advertisement Not Required

COMMENTS This application is for tlie construction of 65 houses on the Dimsdale site part of which was formerly occupied by a hospital. It represents a continuation of the residential development for which Wilcoii Hoines were granted consent with a total of 241 houses planned. Wilcoii constructed 36 houses aiid sold part of tlie site to McLean Homes who built 54 units and plan to build a further 65 houses. This application conforms with policy aiid meets with tlie existing residential consent for the area I therefore recoininend that approval be granted subject to the conditions noted. Councillor Moraii has requested tlie application be continiied for a site visit.

RECOMMENDATION Grant, subject to the following conditions:-

177 \ 1 That tlie development hereby permitted shall be started within five years of tlie date of this perm i ss ion

Reason: 1’0 accord with the provisions of tlie Town and Country Planning (Scotland) Act 1997.

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

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

That before any of tlie dwellingliouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under tlie terms of condition 2 above. shall be erected.

Reason: In tlie interests of residential amenity.

4. That tlie details approved iinder condition no 2 above shall include the construction of n 1.5 metre high closed boarded fence with a iiiiniiiium surface density of 1 Okgim’ to the rear boundaries of plots 59 to 65 inclusive wliicli sliall be constructed before any of the dwellingliouses on these plots are occupied.

Reason: To reduce noise to occupants of nearby liousiiig from tlie adjacent railway line.

5. That notwithstanding tlie provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, slial I be erected between tlie front of the dwellingliouse hereby permitted and the ad.j oin i ng road.

Reason: In the interests of residential amenity.

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

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

7. That before tlie development hereby permitted starts, a scheme of landscaping, iiicluding boundary treatment, sliall be submitted to, and approved in writing by tlie Planning Authority. including any modifications as may be required, and it shall include:- (a) detai Is of any earth moulding and hard landscaping, grass seeding and turfing: (b) a scheme of tree and shrub planting, incorporating details of tlie location. niimber, variety and size oftrees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in tlie course of development (d) details of tlie phasing of these works. (e) a pedestrian control barrier at the ends of tlie footpath leading between Beauly Crescent and Gilchrist Way.

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

179 8. That within one year of tlie occupation of the last five dwellinghouses within the developnient hereby perinitted, all planting, seeding, turfing aiid earth moulding included in the scheme 01’ landscaping and planting, approved under the terms of condition 7 above, shall be completed arid any trees, shrubs, or areas of grass which die, are removed. daniagecl, or become diseased, within two years of the completion of the development, shall be replaced within the followiiig year with others of a similar size and species.

Reaso ii : To ens 11re p ro per i in p I e in en tat i on of the I and scapi ng sch eiii e.

9. That before the development hereby permitted starts, a scheme, for the provision of two equipped play areas within the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as niay be required, ancl this shall include:- (a) details of the type and location of play equipment, seating aiid litter bins to be situated within the play areas: (b) details of the surface treatineiit of the play areas, including the location and type of safety siirface to be installed; (c) details of the fences to be erected around the play areas, (d) details ofthe phasing of these works.

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

10. ‘That before occupation of the last i?ve dwellinghouses within tlie development Iiereb! permitted, all the works required for the provision of equipped play areas and, included in the scheme approved iinder tlie terms of condition 9 above, shall be completed.

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

1 I. That before the developiiient hereby permitted starts, a inanagement and maintenance scheme shall be submitted to. and approved in writing by the Planning Aiitliority. including any niodifications as may be required, and it shall include proposals for the continuing care. maintenance and protection of:- (a) the proposed footpaths shaded ORANGE on the approved plans; (b) the proposed play areas hatched BROWN on the approved plans; (c) the proposed grassed, planted and landscaped areas hatched GREEN on the approved plans.

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

12. That before the development liereby permitted is completed, a 3 metre wide footpath shall be constructed within the area hatched BLUE on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guideliiies published by the said Roads Authority.

Reason: To ensure that fiitiire residents have adequate pedestrian access to the local school and to tlie town centre.

13. That before completion of the development liereby permitted, the management and maintenance scheiiie approved under the terms of condition 1 1 shall be in operation.

Reason: To ensure proper maintenance of the area.

180 14. That a visibility splay of 4.5 metres by 35 metres at tlie junction tiiarlted 'A' oti tlie approved plans and 9 metres by 35 metres at tlie .junction iiiarlted 'B' on tlie approved plans, measured from tlie road channel, shall be provided on both sides of the vehicular access ancl before tlie development liereby permitted is completed, everything exceeding 1.05 metres in height above tlie road channel level shall be removed fiom the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed. erected, or allowed to grow, within these sight line areas.

Reason: To enable drivers of vehicles to have a clear view over a sufficient length of road to a I low adeq iiate vis i b i I i ty .

15. That before the developnient hereby permitted starts, details of tlie design, location and construction of the proposed vehicular and pedestrian accesses, shall be subm ittecl to. and approved in writing by the Planning Authority, including any modif?cations as iiia>' be req 11i red.

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

16. That no clwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base coiirse level.

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

17. That before tlie last of tlie dwellinpliouses liereby permitted is occupied, all roads and footways shall be completed to tinal wearing course.

Reason: To ensure tlie provision of satisfactory veliicular aiid pedestrian access facilities.

IS. That notwithstatidiiig the provision of tlie Town and Country Planning (General Permitted Development) (Scotland) Order 1992. all integral garages shall not be used as habitable rootiis witlioiit tlie consent of tlie Planning Authority.

Reason: To ensure tlie provision of adequate parlting facilities within each site.

19. Prior to tlie occupation of any dwelling, all ground stabilisation and decontamination works specified in tlie Fairliiirst and Partners report dated May 1997 shall be carried out to the complete satisfaction of tlie Planning Authority.

Reason: To ensure the niineral stability of the area aiid a development site free from co iita tii i nat i on .

20. That. before any of tlie dwelliiigliouses at plots 59 to 65 are occupied tlie existing fence along the railway line shall be repaired and upgraded where necessary in accordance with details to be submitted to, and approved by, tlie Planning Authority.

Reason: In tlie interests of residential amenity.

List of Background Papers

Application and plans dated 02/02/0 1

181 So~itliernArea Local Plan Finalised Draft Letter dated 14/02/0 1 from I< W M Watt and M B Watt, 83 Beaiily Crescent, Wishaw Letter dated 12/02/0 I froni Ilia R Clark, 2 Conservation Place, Wisliaw Letter dated 16/02/0 1 from D Rooney, 27 Conservation Place, Wishaw Letter datecl 09/03/0 I from A Leigh (warden), Phyllis Jaiie Court, Driiiiiiiiond Drive. Wisliaw

Any person wishing to inspect the above background papers shoiild telephone Motherwell 302093 and ask for Alistair Maclenn.

182 APPLICATION NO. S/O 1 /OO l68iFUL

REPORT

I. SITE & PROPOSALS

1.1 Tlie development proposals for this area stretches back over many years. Part of the area \\as occupied by Wisliaw Hospital, tlie remainder was open land owned by the Coiincil. The site was sold to W ilcon Homes and planning permission granted for 241 houses. Wilcon completed 36 houses before selling part of the site to McLean Homes, who built 54 iinits in 1999/2OOO. \Vi Icon Homes came forward with proposals for development of tlie remainder of tlie site but did not progress them. They have now ceased development in Scotland.

1.2 McLean Homes have purchased another part of the site and have an option on the remainder. This application relates to tile construction of a fiirtlier 65 houses as a continuation 01’ the developiiient. All dwellings will be two storey, detached houses with integral garages and clou b I e w id t 11 driveways.

1.3 Given that Wilcon had already constructed tlie sewers and the major road, Gilclirist Way McL,ean I-lomes have taken over a site with a pre-determined layout. They have nevertheless produced a revised development which generally meets tlie Council’s open space standards in terms of garden size and space between dwellings.

I .4 In accordance with Council policy tlie developer also proposes to install two equipped play areas and iindertalte peripheral landscaping as previoiisly approved. The details and future maintenance of these can be dealt with through conditions.

2. 11EPRES EN TAT1ON S

2.1 Four ob.jections have been received from neighbouring properties, iiicludiiig tlie warden of I’hyllis Jaw Court, tlie sheltered lioiisiiig development.

2.2 ?‘lie ob-jections cover a variety of items as follows.

theft litter arid diimping youths loitering land used by motor cycles play areas continuation of road (Gilclirist Way) to forin a link with Thornlie Gill.

3. COMMENTS ON REPRESENTATIONS

3.1 While theft, litter. cliimpiiig and anti social behaviour generally are not relevant planning matters they are likely to decrease as tlie site is inore fully developed. Tlie landscaping proposals will be carefully considered to minimise the opportunity for anti-social behaviour.

3.2 With regard to pliiy provision. two sites are proposed within this development in addition to that existing near tlie bridge over the railway to Patlier, and one in Conservation Place. Under the Council’s policy four play areas are required to serve the development which will total 169

183 Iioiises. Should development continue, towards Thornlie Gill, I would expect a t’iirther play area to be provided in that area which will satisfy tlie needs of this Iiousing development. The precise details ot’eacli site will be covered by conditions.

.3.3 With regard to tlie extension ofGilclirist Way to create a link through to Thornlie Gill. this is not considered desirable as it could produce a ‘rat-run’ for vehicles wishing to avoid Wisliaw Town Centre. Even with tlie larger Wilcoii approved development there were no proposals to continue a road Iinl; to ‘rhornlie Gill.

4. CONCLUSION

4.1 The proposed developnient accords with local plaiiiiiiig policies and represents a continuation of the development on tlie site. It is therefore reconiiiiended that tlie application is approved sub.ject to conditions.

184 Application No. SI0 1 l00202lADV Date registered 26 February 200 1 APPLICANT MRS SUSAN WATSON, 14 CASTLEVIEW, KING CRESCENT, AIRTH CASTLE, FK2 8GE Agent Daly Comniercial 88 Meadows Avenue, Larkhall, ML9 2JG DEVELOPMENT ERECTION OF ILLUMINATED ADVERTISING SIGNS LOCATION 608 OLD EDINBURGH ROAD, UDDINGSTON

Ward No. 22 Grid Reference 270954661158

File Reference SIPLIBI9I67( 65)lARIAB

Site History Betting Office - 64/268 approved Hot Food Takeaway - Sl97l00483lFUL refused Change of Use of Vacant Shop Unit to a Cafe - SlOOIO 1444lFUL approved

Development Plan Uddingston & Tatinocliside Town Map - Open Space Soutlierii Area Local Plan (Finalised Draft) - Housing

Contrary to Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning permission for the erection of illuminated advertising signs at 608 Old Edinburgh Road, Viewpark. Uddingston. Tlie proposed signs are to advertise a tanning studio within the currently vacant property. Tlie local inember for this area has requested that this application be determined at committee level. During discussions with the local member, it was explained that the re-use of the building as a tanning studio is permitted development, therefore, an application for a change of use is not required. The Committee should note that advertisement applications can only be assessed on amenity and safety grounds. I am of the opinion that this application raises no problems concerriiiig either issue. I therefore recommend that planning permission be granted.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

List of Background Papers

Application form and accompanying plans dated 26/02/01 Udd i ngston and ‘Tannocliside Town Map Southern Area Local Plan (Finalised Draft) Letter froin Coiincillor Charles Hebenton dated 1 1/03/01

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell.

187 Application No. S/0 1 /00225/NID Date registered 27th February 2001 APPLICANT NORTH LANARKSHIRE COUNCIL HOUSING AND PROPERTY SERVICES, KILDONAN STREET, COATBRIDGE Agent North Lanarkshire Council Design Services, Philip Murray Road, Be I Ish i I1 DEVELOPMENT CHANGE OF USE FROM RESIDENTIAL TO COMMUNITY BUILDING LOCATION 25-35 FIFE DRIVE, MOTHERWELL

Ward No. 03 Grid Reference 274557658580

File Reference S/PL/B/l3/15(98)AM/LG

Site History None

Development Plan Southern Area Local Plan Finalised Draft - Established Housing Area

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application relates to the change of use from residential to coiiiinuiiity building of a three storey flatted block in Fife Drive, Forgewood. The building currently houses six flats, four of which are two bedroom flats, the remaining two having three bedrooms. Under this pilot scheme for this type of development it is proposed that the Tenant’s Association will use the ground floor for office accoinmodation; there will be a training suite on tlie first floor while Social Work will use the second floor. No external alterations are proposed. The proposals have been approved by tlie Housing Committee and the development does not raise any policy or detailed object ions.

RECOMMENDATION

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Grant, subject to the following conditions:-

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

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

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