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Home , Bellshill, Coatbridge, Cumbernauld, Garrion Bridge, Lanark, Lanarkshire

North Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 20 July 2001

AGENDA ifEM No.

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved. APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 20 JULY 200 1

Page Application No Applicant Development/Site Recommendation No.

17 N/O 1/00628/FUL Claudio Baldasarra Change of Use from Hot Foot Takeaway To Grant Restaurant Extension and External Alterations La Campagnola, 112 Road Muirhead

21 C/O 1/00067/FUL Stores Erection of Fence Grant Limited Asda Store, Main Street,

28 CIO 1100698lADV Maiden Outdoor Erection of 2 x 48 Sheet Advertisement Refuse Advertising Hoardings Service Station, 23 1 Main Street, Coatbridge

31 s/o1100448/FUL Ms Tracy Moug Change of Use from Vacant Unit to Hot Foot Grant Takeaway Unit 6A, Main Street, Cleland

36 S/O 1/00508/FUL Colin Laverty Change of Use from Dwellinghouse to Refuse Office 7A Hill Road,

41 Si0 ll00587lFUL Garrion Bridges Change of Use of Banana Ripening and Grant Garden Centre Packaging Factory to Use as a Garden Centre, Coffee Shop / Restaurant with Ancillary Conference Facility and Associated Car Parking Garrion Farm, , Overtown, Wishaw Application No: N/O 1/00628iFUL

Date Registered: 29th May 200 1

APPLICANT: CLAUDIO BALDASARRA, LA CAMPAGNOLA, 112 CUMBERNAULD ROAD, MUIRHEAD

Agent: Claremont Office Interiors, 112 Cornwall Street South, ,

DEVELOPMENT: CHANGE OF USE FROM HOT FOOD TAKE AWAY TO RESTAURANT EXTENSION AND EXTERNAL ALTERATIONS

LOCATION: LA CAMPAGNOLA, 112 CUMBERNAULD ROAD, MUIRHEAD

Ward No: 69 Grid: 2682606694444 File Reference: MAT Site History:

Development Plan: Southern Area Local Plan, 1983 Northern Corridor Local Plan Finalised Draft, 2000

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Transportation Manager No Reply: Environmental Services Manager Conditions:

REPRESENTATIONS:

Neighbours: None Newspaper Advert: None

COMMENTS: This application seeks permission for the change of use of an existing hot food take away to provide for the extension of the La Campagnola restaurant at 1 12 Cumbernauld Road, Muirhead.

The property is located within the main shopping area along Cumbernauld Road in Muirhead. The applicant proposes to use the existing hot food take away shop adjacent to La Campagnola as an extension to the restaurant in order to increase its floorspace.

No objections have been received from Transportation or from Environmental Services. The development was advertised in the local press as a potential bad neighbour development. No representations were received from the notified neighbours or other members of the public.

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 and Country Planning () Act 1997

2. That before the approved development 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 ensure that the proposed external finishing materials are of an appropriate and acceptable quality in order to maintain and enhance the visual quality of the location.

List of Background Papers:

Application forms and plans received 23rd May 200 1 Strathkelvin Southern Area Local Plan 1983 Northern Corridor (Finalised Draft) Local Plan 2000 Consultation response from Transportation Manager dated 4th June 200 1

Any person wishing to inspect these documents should contact Mark Thomson on 01236-616466 APPLICATION NO : N/O 1/0062 8/FUL

1. SITE AND PROPOSAL

1.1 This application seeks approval for the change of use of a hot food take away shop to form an extension for La Campagnola at 112 Cumbernauld Road, Muirhead.

1.2 The adjacent hot food take away currently shares kitchen space with La Campagnola and the applicant proposes to convert it in order to provide more floorspace for the restaurant.

1.3 The applicant also proposes to make alterations to the exterior of the building. This would involve the replacement of the existing windows and entrance to the hot food take away with new timber framed windows and the repainting of the exterior walls and woodwork.

2. CONSULTATIONS AND OBJECTIONS

2.1 This application was advertised as a potential bad neighbour development in the Herald. No letters of representation have been received as a result of this advert. No other representations have been made concerning this application.

2.2 No objections have been received from the Transportation Manager or Environmental Health Manager.

3. OBSERVATIONS AND CONCLUSION

3.1 It is considered that the proposal is in accordance with policy E.PR06 of the adopted Strathkelvin Southern Area Local Plan 1983 as the character of the area will be unaffected by the proposed development. Furthermore, the proposal is also in accordance with policy SC1 of the Northern Corridor Local Plan Finalised Draft 2000 which seeks to protect and enhance existing local shopping areas as the proposal does not diminish the local shopping area.

3.2 The applicant plans to make minor alterations to the existing frontage by replacing the existing windows and hot food take away frontage and by painting the existing woodwork and masonry. These changes are considered to be acceptable, as they are not significantly different to the frontage of the restaurant that exists currently.

3.3 Considering that the application accords with policy, has received no objections and is of an appropriate design it is therefore recommended for approval subject to the application of the appropriate conditions. Application No. C/ 01/00067/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/PL/CTM/03 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 District Local Plan 1991.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply Police

REPRESENTATIONS Neigh bows 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 fiom South Circular Road. In terms of The Monklands District Local Plan 1991, the Asda Store is zoned COM3 - Maintain Core Areas, however, the site subject of this report is zoned ECON9 - Secondary Core Areas. The existing perimeter wall is prominent fiom 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 fiom 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 The Quadrant

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- ____- I Pro uced by I 1 Depdartment of Planning and Environment Central Division ~ PLANNING APPLICATION NO. C101/00067/FUL Municipal Buildings INSTALLATION OF POWER FENCE ON TOP OF , Kildonan Street COATBRIDGE PERIMETER WALL ML5 3LN ASDA STORES LTD, MAIN STREET, COATBRIDGE I Telephone01236 812222 Fax 01236 431068 1 ~ A _- - 1:1250 This copy has been produced specifically for Planrh j .]U- Jllding Control purposes only 1 OS Licence LA 09041L I NO further copies may be made ______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 fiom Environmental services received 6" March 200 1. - Supporting information from High-Line Security Power Fencing received 15" March 2001 - Supporting information from General Store Manager, Asda, received 14 March 2001

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12374 and ask for Gordon Liddell

R0100067 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 fi-om 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 61% 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 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 fiom 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.

R0100067 COUNCIL

SUPPLEMENTARY REPORT

To : PLANNING AND ENVIRONMENT COMMITTEE Subject: INSTALLATION OF POWER FENCE ON TOP OF PERIMETER WALL AT ASDA STORES LTD, MAIN STREET, COATBRIDGE From: DIRECTOR OF PLANNING AND ENVIRONMENT SUPPLEMENTARY REPORT TO APPLICATION C/O 1/00067/FUL CONSIDERED AT PLANNING AND ENVIRONMENT COMMITTEES OF 11 APRIL 2001 AND 1 MAY 2001 Date: 20 July 2001 Ref: C/01/00067/FUL

I I

1. Purpose of Report

1.1 The purpose of this report is to provide additional information on the above planning application as requested by Members at the Planning and Environment Committee on 1 l* April 2001.

2.0 Background

Members will recall that this application relates to the erection of an electric fence on top of the delivery yard perimeter wall at the Asda Store, Main Street, Coatbridge. 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. Nonetheless, the site is situated to the rear of the Asda Store and it is considered that the fence will not detract from the visual amenity of the area. Further consultation with the Health and Safety Executive and Strathclyde Police, relating to the safety of the fence at this location, was requested by Members

2.2 Health and Safety Executive have no objection to the proposal. The guidance document approved by the Field Operations Directorate and supplied by the applicant remains relevant to this case. As long as the fence is installed and maintained in accordance with this guidance the Health and Safety Executive have no adverse comments to make. The Health and Safety Executive also advise that they are not the enforcing body in this instance. Rather, comment and any subsequent enforcement should come directly from North Lanarkshire Councils own Health and Safety Officers. Having re-consulted the Protective Services Division specifically on this matter they advise the following:

If the power fence is erected in accordance with the guidance document approved by the Field Operations Directorate from the Health and Safety Executive, specifying the design and installation standards for electrified security fences at commercial premises, then they have no grounds for taking action in terms of the Health and Safety at Work etc. Act, 1974. It was noted that the height of the perimeter wall to which the power fence is to be fitted is 2.8m which is above the minimum height of 1.8m specified in the guidance document. The installation should not be subsequently modified in any manner that would not comply with the approved standard. Additional warning signs should be fitted to the perimeter walls drawing attention to the nature of the fence.

Asda Fence2 2.3 Strathclyde Police have no objection to the proposal providing the upright posts are attached to the inside of the perimeter wall and that the appropriate warning signs are utilised.

3.0 Recommendation

3.1 The proposed fence will not result in a significant adverse effect to the amenity of the area. Taking the additional information into account there are no objections from the Health and Safety Executive or Strathclyde Police. Subsequently, the application is recommended for approval as per the original report, subject to the following additional conditions:

1. that before the development starts details of the design, size and location of warning signs to be affixed to the outside of the existing perimeter wall shall be submitted to and approved in writing by the Planning Authority.

Reason : In the interest of public safety.

2. that within one week of the completion of the development hereby permitted the sign approved under the above condition shall be installed.

Reason : In the interest of public safety

List of Background Papers

- Application forms and accompanying plans received 17'h January 200 1. - Adopted Monklands District Local Plan 1991. - Internal consultation from Protective Services Division received 6'h March 2001. - Supporting information from High-Line Security Power Fencing received 15'h March 2001. - Supporting information from General Store Manager, Asda, received 14 March 200 1. - Letter of guidance from Field Operations Directorate from the Health and Safety Executive dated 3 July 1998 - Internal consultation from Protective Services Division received 9'h July 2001.

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12374 and ask for Gordon Liddell

Asda Fence2 Application No. C/O 1/00698/~DV Date registered 8 June 2001 APPLICANT MAIDEN OUTDOOR ADVERTISING, UNIT 2 BUCHANAN , CUMBERNAULD ROAD, , G33 6HZ

Agent None DEVELOPMENT ERECTION OF 2 X 48 SHEET ADVERTISING HOARDINGS

LOCATION CLIFTONHILL SERVICE STATION, 23 1 MAIN STREET, COATBRIDGE Ward No. 34 Grid Reference 273942 664859

File Reference C/PL/CTM03 023 10000/RT/SOH

Site History No relevant site history

Development Plan Adopted Monklands District Local Plan 1991.

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours Not required

Newspaper Advertisement Not required

COMMENTS This application seeks express consent for the erection of 2 externally illuminated 48 sheet advertisement hoardings, back to back, on land adjacent to the Clifionhill Service Station. The proposed hoardings would be located in a prominent position at right angles to Main Street, Coatbridge.

The Design Guidance on Advertisements contained within the Local Plan advocates a general presumption against the granting of consent for advertisements other than on suitable sites in town centres where the hoardings would result in the temporary screening of a site or produce general environmental improvements. This policy also operates a general presumption against the granting of consent for free-standing advertistments unless the consent is granted for a temporary period only. The policy also has particular regard to the likely environmental impact of proposed advertisements.

In this particular case it is considered that the proposed hoardings are unacceptable on the grounds of being detrimental to the visual amenity of the area. In addition the proposed hoardings would not screen a site which is considered to be either significantly untidy or unattractive, nor produce any associated environmental improvements.

R0100698 - -_-____------___-- - ' Produced by Department of Planning and Environment Central Dlvision PLAN NI NG APP LICAT1 0 N NO: C/O 1/00698/ADV N 1 Municipal Buildings 1 Kildonan Street ERECTION OF 2 X 48 SHEET ADVERTISEMENT COATBRIDGE HOARDINGS AT CLIFTONHILL SERVICE 1 ML53LN Reproduced liom the Ordnance Survey mapping wlh STATION, 321 MAIN STREET, COATBRIDGE____ the prmlSIlon 01 the Controller of her Msjestfs Telephone01236812222 Fax 0123643 '068 -___- ___ __ 1:1250 Statloneiy Oflice OCrDwn COpyWhl. I Unauthorised reproduction lnfrlnges Crown sopyrighl ' l This copy has been prouuced specifically for Planning and Building Control purposes only and may lead to proseculbn or ElYll piOEeedlnQD OS Licence LA 09041L ~--___ ~ -~ - _ - - Nofurthercoplesmaydmade-_ ._- ~-- While there are no objections in terms of the general siting of the advertisments in terms of road safety repositioning would be necessary to clear sightlines. The hoardings are considered to be detrimental to the general environment mainly by virtue of their appearance, size and conspicuous positioning adjacent to the A89 roadway, a main corridor through the North Lanarkshire Area. As such it is recommended that consent be refused for the proposal.

RECOMMENDATION

Refuse for the following reasons:

1, That the proposed hoardings would be harmful to amenity and not supported by the adopted Monklands District Local Plan 199 1, in that they would not produce temporary screening of a site or general environmental improvements.

2. The proposed hoardings, by virtue of their size and position, would be seen as an over-dominant and conspicuous feature on the site thereby being detrimental to the visual amenity of the surrounding area.

List of Background Papers

- Application form and plans dated 5 June 2001. - Adopted Monklands District Local Plan 1991. - Consultation response from Transportation Manager dated 27 June200 1.

Any person wishing to inspect the above background papers should telephone Coatbridge 812375 and ask for Rosaleen Toal.

R0100698 Application No. SI0 1100448lFUL Date registered 23 April 2001 APPLICANT MS. TRACY MOUG, 18 FIRGROVE, NEW Agent DEVELOPMENT CHANGE OF USE FROM VACANT UNIT TO HOT FOOD TAKE AWAY SHOP LOCATION UNIT 6A MAIN STREET, CLELAND

Ward No. 19 Grid Reference 279969 658136

File Reference S/PL/B/4/ 12(90)lMHlLG

Site History

Development Plan Zoned as a Village, Neighbourhood and Secondary Commercial Area on Southern Area Local Plan (Finalised Draft)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Strathclyde Police Conditions No Reply

REPRESENTATIONS

Neighbours 2 letters of objection Newspaper Advertisement 2 letters of objection

COMMENTS This application seeks planning consent for a change of use of a vacant shop to a hot food takeaway at Unit 6a Main Street, Cleland. Four letters of objection have been received, three of which are from owners of similar outlets adjacent to or close by the development site. In addition, Councillor Martin has expressed concerns regarding the proposed development. Comments on these objections and the merits of the proposal are detailed in the attached report. Having considered the objections and concerns expressed, I am of the opinion that planning consent be granted.

RECOMMENDATION

Approve Subject to the Following Condition:-

1. That the development hereby permitted shall be started within five years of the date of this permission. Produced by Planning Application No. S/01/00448/FUL LANARKSHIRE Depaflmnt of Planning and Enwronment SOYthern DNISIOII Change of use from vacant unit to hot food take-away shop 203 Brandon Street Unit 6A Main Street, Cleland ML1 1RS Ripmduad fmm tb MN~c.S-y MPP~mh tw pmiuoo of h Conboller of hi MWyb Telephone 01698 302100 FBX 01898 302101 1.1250 Sbbonery MRa Q Cr- mpywht Location of Objectors lJnabnmed nvoducdon mmnges Cr- mpynpM os Llcance LA 09041L * and my tend m po-cmmon or olw prooad~ws Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That a suitable sized bin shall be sited adjacent to the hot food shop hereby permitted which shall be removed at the end of each day's trading and its site maintained in a clean and tidy condition to the satisfaction of the Planning Authority.

Reason: To protect local residents from nuisance resulting from the disposal of litter and safeguard the amenity of the area.

3. That no fascia signs, adverts or projecting signs shall be erected on the premises hereby granted planning consent without written approval of the Planning Authority.

Reason: In the interests of visual amenity and to avoid a possible clutter of signs on this building detrimental to the visual amenity of the area.

List of Background Papers

Application form and accompanying plans registered 23 April 200 1 Southern Area Local Plan (Finalised Draft) Letter from Strathclyde Police dated 14 May 2001 Letter from Freeman MacLeod on behalf of Mr M Mohsan dated 17 May 200 1 Letter from Mr K P Yeung dated 9 May 2001 Letter from Mr & Mrs F Tamburrini received 16 May 2001 Letter from Mr & Mrs E Ferrell dated 18 May 200 1 Letter from Councillor James Martin J.P. dated 2 1 June 200 1 Letter from Campbell Sievewright & CO on behalf of Ms Tracy Alemanno dated 28 June 2001 Letter from Ms T Moug dated 4 July 200 1

Any person wishing to inspect the above background papers should telephone Motherwell 302 128 and ask for Mary Hogg. APPLICATION NUMBER S/O 1/00448/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application seeks planning consent for a change of use of a shop unit to a hot food take away at Unit 6a Main Street, Cleland.

1.2 The shop unit lies within an area zoned as a Village, Neighbourhood and Secondary Commercial Area, (Policy RTL 6), on the Southern Area Local Plan (Finalised) Draft.

1.3 The unit is one of ten units constructed in the 1980s on formerly owned Council land located adjacent to the main road running through the village from Wishaw leading to the A73.

1.4 The shopping units are bounded to the west by residential properties, to the east and in front of the units by an associated car park providing space for 16 vehicles accessed froin Main Street. Immediately across the road is a small engineering works with associated car parking, the Miners Welfare Club with associated car parking and to the south of this a more recent flatted residential development. To the southwest lies a landscaped area of land and beyond this across the road to the west a public and to the east a fish and chip shop and cafe.

1.5 The units at present provide the community with a wide range of services including hot food take away facilities. The shopping unit subject to this planning application is currently vacant and was formally used as a hairdresser’s shop. The applicant, in operating the unit as a hot food take away, intends to employ 8 part-time employees together with 2 full-time employees, all of which would be from the local area.

2. CONSULTATIONS

2.1 Strathclyde Police have no objections to the proposal.

3. OBJECTIONS

3.1 Four letters of objection have been received regarding this development; three of tlie letters being froin proprietors of similar outlets adjacent or close to tlie application site and one from a resident living close by. In addition, Councillor Martin has expressed coiicerii regarding the change in use of the shop. The grounds of objection are detailed below:- 0 Granting of consent for the change of use to a hot food take away would only increase the problems of litter, noise and traffic congestion in the vicinity of the shopping units. 0 At present there is an over provision of fast food outlets in the village and the addition of a further outlet would reduce the choice of services to the village and have an adverse impact on the economic viability of other such outlets in the surrounding area.

4. OBSERVATIONS

4.1 I note the objector’s concerns regarding the possibility of increased nuisance froin litter, noise and traffic congestion. However, I ain of the opinion that, if granted, the hot food take away would not increase tlie existing problems to such an extent that a refusal of permission would be justified. The problem of litter is a result of customers using the facilities of the shopping units. The applicant has intimated that she is willing to provide litter bins to alleviate such problems. I acknowledge that the shop unit is near to residential properties, however, the nature of the development and its location on the main road of the village, should not impact greatly on the existing level of noise generated from the shopping units at present. With regard to traffic congestion, tlie shop is a vacant unit within an existing village shopping centre which provides ancillary car parking facilities. It is therefore unlikely that the development, if granted, would increase or adversely impact on the existing traffic situation in that area.

4.2 Finally, the objections raised to the development by neighbouring traders with regard to over provision of such outlets and the adverse impact on the economic viability of existing outlets amount to trade objections in terms of commercial competition. It is acknowledged that the development will possibly lead to competition with the other proprietors of such businesses. However, it is a well established planning principle that commercial competition is not a relevant material consideration in determining a planning application.

5. CONCLUSION

5.1 Having given careful consideration to the objections received, I conclude that tlie change of use of the shop to a hot food take away is an acceptable form of development within this village shopping centre. There are no relevant material consideratioiis which would lead me to recommend other than that planning permission be granted. Application No. S/01/00508/FUL Date registered 1 lthMay 2001 APPLICANT COLIN ANDREW LAVERTY, 25 KIRK ROAD, WISHAW ML2 7BL Agent Laverty & CO, address as above DEVELOPMENT CHANGE OF USE FROM DWELLINGHOUSE TO OFFICE LOCATION 7A HILL STREET, WISHAW

Ward No. 08

Grid Reference 282226 656483

File Reference S/PL/B/10/34( 162)/AM/LG

Site History

Development Plan Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

0bjec tion No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS This application relates to the change of use of premises from residential to an office, for a solicitor. The premises occupy part of an upper floor with windows overlooking Hill Street and Main Street. Entrance to the premises is through an electronic gate door entry system. Local Plan policy encourages changes of use of upper floor premises to residential. This proposal is a reversal of that policy. There are numerous vacant properties in Wishaw town centre. For these reasons I recommend this application be refused.

RECOMMENDATION

Refuse for the Following Reasons:-

1. The proposed development is contrary to Policy RTL 4 of the Southern Area Local Plan Finalised Draft (Modified June 200 1) in that: (i) it will have an adverse effect on the vitality and viability of the existing shopping centre; (ii) there are adequate alternative sites in the town centre available for this proposal, and (iii) it could haye qq adverse effect on the amenity pfpdjoining prope@es.

2. The proposed development is contrary to Policy RTL 5 of the Southern Area Local Plan Finalised Draft (Modified June 200 1) in that: (i) the proposed change of use will not reinforce or revitalise the town centre and (ii) it is contrary to encouraging changes of use to residential usage on upper floors.

List of Background Papers

Application form and plans dated 27.04.01 Southern Area Local Plan Finalised Draft (Modified June 200 1) Letter of objection dated 26 April 200 1 fi-om J. Brennan, 9 Hill Street, Wishaw ML2 7AT

Any person wishing to inspect the above background papers should telephone Motherwell 302093 and ask for Alistair Maclean. APPLICATION NUMBER S/O 1/00508/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The proposal is for a change of use from residential to office of part of an upper floor of premises at the corner of Hill Street and Main Street, Wishaw. The applicants propose to use the premises as a solicitors’ office. Entrance to the property is via a doorway adjacent to No 5 Hill Street. This doorway is protected by an electronic gate with a door entry system which allows access to a small number of residential units.

2. REPRESENTATIONS

2.1 A letter of objection was received from a neighbour who objects on the grounds of invasion of privacy in that the electronic gate gives a degree of safety which was a reason for purchasing the property.

2.2 The local Councillor expressed concerns about this application and asked that it be submitted to Committee.

3. OBSERVATIONS

3.1 The grounds of objection raise an interesting aspect. The present properties are secured by the electronic gate which is a secure door entry system. The introduction of a non-residential use could bring additional pedestrians which would be less controlled. While the stated use is for a lawyers office, a permission to change the use to Class 2 would allow a number of associated uses which could be less acceptable, such as a betting shop or health centre. If this consent was granted this would not require an application for change of use and it would be difficult to implement specific restrictive planning conditions. Additionally the building has recently been refurbished to bring it up to modem-day residential standards.

3.2 The site lies within a Town Centre Area covered by Policy RTL 5 on the Southern Area Local Plan Finalised Draft (Modified June 2001). Two clauses within this Policy are relevant in this instance:

Supporting Changes of Use to non-retail town centre uses , particularly to those included under Class 2 Financial, Professional and Other Services, where they reinforce and revitalise town centres.

Ln frontages where upper floors are suitable for residential occupation the Council will look favourably on their change of use to residential usage. Proposals which provide residential units on upper floors or on suitable gap sites will also be encouraged, where appropriate.

3.3 Wishaw town centre has many vacant shop units on Main Street and adjacent streets at ground floor level. There are also numerous vacant upper floor premises a number of which may have previously been used for offices..

3.4 A small number of consents have been granted for changes of use to residential from commercial of upper floor properties on Main Street thus reinforcing the terms of Policy RTL 5. 4. CONCLUSION AND RECOMMENDATION

4.1 The most notable feature of Wishaw town centre currently is the large amount of vacant premises on ground and upper floors. There is a policy of encouraging upper floor conversions to residential. This proposal would be contrary to that policy and I therefore recommend that the application be refused. Application No. SI0 11005 87lFUL Date registered 24th May 200 1 APPLICANT GARRION BRIDGES GARDEN CENTRE, CIO AGENT Agent Mr Stanley C. Cook, 12 Beveridge Terrace, , ML4 2RJ DEVELOPMENT CHANGE OF USE OF BANANA RIPENING & PACKAGING FACTORY TO USE AS A GARDEN CENTRE, COFFEE SHOPIRESTAURANT WITH ANCILLARY CONFERENCE FACILITY AND ASSOCIATED CAR PARKING. LOCATION GARRION FARM, GARRION BRIDGE, OVERTOWN, WISHAW

Ward No. 15 Grid Reference 279496651099

File Reference S/PL/B/2/43(62)lWLSlLG

Site History Outline permission for ‘pre-pack’ building granted April 1984, details approved December 1985. Extensions approved July 1990 and November 1994. Operations ceased early 200 1. Application for major mixed use development on adjoining site submitted in June 2000; not yet determined.

Development Plan Green BeltIArea of Great Landscape Value

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Scottish Natural Heritage Conditions West of Scotland Water No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement One objection

COMMENTS This application is for the change of use of a vacant fruit ripeninglpackaging building to a garden centre with ancillary cafehestaurant and meeting facility. The site is located in the Clyde Valley, near Garrion Bridge.

The building was originally constructed in the mid- 1980s, but has recently become vacant. The proposed use as a Garden Centre is one which, in principle, is acceptable in a Green Belt location, subject to the details of the development being appropriate.

One objection was received, from the operators of the adjoining farm which shares an access with the application site, expressing their concerns that traffic congestion caused by the proposed garden centre

would have detrimental consequences for the operation of the farm. They have requested the opportunity to have their objection heard by the Committee. Further details are contained in the accompanying report.

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 the premises shall be used as a Garden centre with ancillary coffee shophestaurant and conference facilities and for no other purposes (including any other purpose in Class 1 (Retail) of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: In recognition of the premises' location in the Green Belt.

3. That, notwithstanding the terms of condition 2 above, the range of goods sold from the Garden Centre hereby permitted shall be restricted to those associated with the creation, improvement or enjoyment of domestic gardens, and may include paving, fencing, garden sheds, conservatories and patio furniture.

Reason: In recognition of the premises' location in the Green Belt, and in order to ensure that the Planning Authority retains effective control over the permitted use.

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

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

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, 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: To enable the Planning Authority to consider these aspects in detail.

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

Reason: To ensure effective implementation of the landscaping scheme.

7. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts or projecting signs shall be erected on the premises without the prior approval of the Planning Authority.

Reason: In recognition of the premises' location in an Area of Great Landscape Value, and to enable the Planning Authority to retain effective control.

8. That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of 150 cars; (b) the loading and unloading of vehicles, and (c) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

9. That before the development hereby permitted is brought into use, all areas covered by the scheme, approved under the terms of condition 8 above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking, loading and manoeuvring areas.

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

10. That a visibility splay of 9 metres by 21 0 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure adequate visibility for vehicles leaving the site. List of Background Papers

Application Form and Plans Letter dated 05/06/01 from Stanley C Cook Central Industrial Area Part Development Plan Finalised Draft Southern Area Local Plan (Modified June 200 1) Letter dated 12/06/01 from Scottish Natural Heritage Letter dated 13/06/01 from West of Scotland Water Fadletter dated 19/06/0 1 from Freelands Solicitors Fax dated 26/06/0 1 from Freelands Solicitors Memo dated 2 1/06/0 1 from Environmental Control Manager

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Les Stevenson. APPLICATION NUMBER S/O 1/00587/FUL

REPORT

1. PROPOSAL AND SITE

1.1 This application seeks permission for the change of use of a fruit processing/packaging building to a garden centre with a cafehestaurant and meeting rooms at Garrion Farm, near Overtown. The building is currently vacant, having most recently been occupied by Geest and used for banana ripening and packaging. It was originally built in the mid 1980’s for the processing and packaging of locally grown produce, and there is a condition on the relevant planning permissions restricting its use to the preparation and packaging of agricultural produce.

1.2 The proposal involves a garden centre indoor sales area of approximately 1200 square metres, plus an outdoor area of 500 square metres. In addition, there would be a restaurant extending to some 700 square metres, and three ‘conference rooms’ of varying sizes; it is intended that these would be used mainly in the quieter winter months for business meetings, seminars etc. Initially it is expected that 25-30 people would be employed, and opening would be seven days per week, 9am-8pm during the summer and 9am-5pm in the winter. The current service yard will be used as a car park, and further parking will be provided following the removal of an embankment to the rear of the building, with some 150 spaces provided.

1.3 The site lies to the east side of the A71, Horsley Brae, near Garrion Bridge. The building is situated close to the roadside and parallel to the road, but is not an overly dominant structure because it has been set into the gradient to minimise its impact. Access from Horsley Brae is shared with Garrion Farm.

1.4 The site is zoned on both the Central Industrial Area Part Development Plan and the Finalised Draft Southern Area Local Plan as Green Belt; it also lies within an Area of Great Landscape Value. The Local Plan Green Belt Policy (ENV6) contains a presumption against development or change of use unless directly associated with “agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses”. The Area of Great Landscape Value Policy (ENV15) seeks to resist any proposal which would adversely affect the character and quality of the environment.

1.5 Another planning application (reference S/00/00790/OUT) was submitted in June 2000 for a major mixed use development on the adjoining site, sharing the same access as this application. That proposal includes a hotel, housing, craft retail units and business space, and because of its scale would require a new roundabout to be built at the junction with Horsley Brae.

2. CONSULTATIONS AND OBJECTIONS RECEIVED

2.1 Scottish Natural Heritage had no objections to the proposal.

2.2 West of Scotland Water had no objections, but provided details of cold water storage requirements for a development of this nature.

2.3 One objection was received, from the operators of the adjoining Garrion Farm. They note that they are a major producer of tomatoes, employing up to 30 workers, and that during the growing season an average of three lorry loads per day are transported from the farm to a packing facility at Livingston. They share tlie access from Horsley Brae with the proposed garden centre, and stress the need for uninterrupted access to, and egress from, their farm at all times for lorries uplifting produce and delivering supplies, and for their employees and farm residents. They are concerned that, particularly at peak times, there will be traffic congestion caused by vehicles coming to and from the garden centre, with tail-backs on the main road having severe detrimental consequences for the farm and other traffic. They have requested a hearing in respect of their objection.

3. PLANNING CONSIDERATIONS

3.1 The Town and Country Planning (Scotland) Act 1997 requires that planning decisions be made in accordance with the development plan, unless material considerations indicate otherwise. In this case, because of the age of the approved Development Plan (a former Plan) it is appropriate to use tlie Finalised Draft Local Plan. That plan’s Green Belt Policy, as noted in para 1.4 above, restricts uses to those associated with appropriate rural uses. In addition, the policy in relation to the Area of Great Landscape Value (AGLV) aims to resist proposals which would adversely affect environmental character and quality. The proposal of a garden centre within an existing building involves a use which is consistent with the general objectives of Green Belt policy (and which is relatively common within the Clyde Valley) and would not affect the quality of tlie local environment; I therefore consider that the proposal is in accordance with the Green Belt and AGLV policies.

3.2 As the proposal essentially involves a form of retailing, albeit relatively specialised, it must also be assessed against tlie Draft Local Plan’s Retail policies. In general, and in accordance with Scottish Executive guidance, tlie Council’s policy is to concentrate major retail development in or adjoining existing town centres. However, tlie particular nature of garden centres can make them acceptable in locations outwith town centres, and I consider that this proposal would not adversely affect the vitality and viability of town centres, and also is otherwise acceptable in terms of the criteria specified in policy RTL 4 ‘Assessing Applications for Retail Development’. Nevertheless, it would be advisable to ensure that the use remains acceptable by restricting the range of goods that may be sold, thereby avoiding the possibility of more ‘mainstream’ retailing taking over, which could affect the town centres.

3.3 The objection received is not to the principle of tlie use but primarily on the issue of access. The proposal provides 150 car parking spaces, and there is a distance of 60 metres between the junction of the access with Horsley Brae and the car park entrance; tlie access road is 5.5 metres wide. Given the number of spaces and the distance of tlie car park from the main road I do not consider that there is likely to be a substantial problem oftailbacks which would impede the Garrion Farm traffic within the site.

3.4 The situation on Horsley Brae could however potentially cause some concern froin tlie traffic viewpoint in that tlie construction of the new roundabout at Garrion Bridge will produce a freer flowing movement of traffic along the A71. While this will not cause any danger for traffic exiting tlie application site or vehicles entering the site from the north- east (i.e. left hand turning into tlie site) it could potentially cause some queuing on tlie A71 for vehicles coming from the Bridge and turning right into the site. Unfortunately there is insufficient space within tlie current boundary of tlie road to accommodate a stacking lane which would resolve this problem. Likewise if the Garrion Farm is redeveloped along the lines of the current application (S/00/00790/0UT) then the construction of a roundabout at the access would probably be justified and would resolve this issue. However at present it is not clear what forin of redevelopment at Garrion Farm will be acceptable and what the traffic implications of this will be. Accordingly the current applicatioii must be examined solely on its own merits and whether the potential for queuing traffic on the A71 is sufficient to justify refusing this application. In that respect account inust be taken of the fact that the application represents a conversion of an existing building, which did previously generate some traffic to the site, that the increased use is liable to be variable through the day and at weekends, and that the tail back froin any queuing is unlikely to have any consequences for traffic using the Garrion Bridge roundabout itself. In addition it should be noted that approximately 280 metres to the northeast a similar situation already exists at the Horsley Brae/Brownlee Road junction where a much higher number of vehicles turn right heading for Law and . While occasional short delays do occur at this junction it does not present a major problem to traffic using the A71. Therefore I consider that on balance the proposed access arrangements, while not ideal, would not in this particular circumstance, given the development proposed, justify refusing the application on road safety grounds.

3.5 In terms of other material considerations, I ain satisfied that the environmental impact is acceptable, given the existence of the building and the relatively few physical changes proposed.

CONCLUSIONS

4.1 This application proposes a re-use for a large, industrial style building located within a sensitive part of the Green Belt. While the proposed use is coinmercial in nature, it is one which can be reasonably regarded as an appropriate use in the countryside. With regard to the objection, I can understand the concerns of the farm operators, but I do not consider that the proposal is likely to result in the traffic congestion they envisage. I therefore recommend that plaiining perinission be granted.