North Lanarkshire Council

Planning Applications for consideration of Planning and Development Committee

Committee Date : 20fhOctober 2010

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

1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

20th October 2010

Page Application Applicant Develo pme nt/Si te Recommendation No No

5 09/0101 9/MIN Antonine Property Importation of Inert Material Refuse (P) Group for lnfill and the Formation of a 2 Metre High Bund. Former Peat Works Cumbernauld Road Moodiesburn

11 10/00312/FUL Arva Ltd Construction of Residential Grant (P) Development (12 Flats) Beacon Inn Kilsyth Road Queenzieburn Glasgow

19 10/0065O/FUL North Lanarkshire Formation of Cemetery, Grant Council Associated Pavilion with Waiting Room and Accommodation for Cemetery Workers, Access Roads, Car Park and Landscaping Site Adjacent To Bothwellhaugh Road Bellshill

29 10/007OO/FUL North Lanarkshire Formation of Woodchipping Grant Council Plant and Associated Works Land Adjacent To Water Works Building Strathclyde Country Park 366 Hamilton Road Motherwell

38 10/00854/MIN Highway Management Upfilling of Land in Grant Construction (M80) Connection with Adjacent Motorway Works (partly in retrospect) Site To West Of Drumsack Farm Blacklands Road Auchinloch

2 45 10/00893/FUL Mr Stuart Chapman Erection of Detached Refuse Dwellinghouse Request for Site Visit Land North Of Junction At And Hearing Wishaw High Road And Swinstie Road Cleland

51 10/00943/FUL Viridor Waste a) Construction of Waste Grant Management Limited Processing Building b) Reorganisation of Internal Site Arrangements including New Weighbridge and Weighbridge Office c) Formation of Storage Areas for Recoverable Materials and d) Environmental Improvements Viridor Waste Management Langmuir Way Bargeddie

59 10/00982/FUL Mr Tom Pedlar Construction of Two Storey Grant Detached Dwellinghouse Land At Former Carisbrooke Day Centre 6 Commonhead Avenue Thrashbush Airdrie

66 10/00985/FUL Persimmon Homes Siting of a Temporary Sales Grant West Scotland Cabin with Associated Access Road and Parking Land West Of Bo'ness Road Holytown

73 10/01031/AMD Dawn Group Ltd Amendment to Approved Grant Residential Layout and Dwellinghouse Types (Part Site, Plots 1-47) (Incorporating increase in Dwellinghouse Numbers) Former Barrwood Quarry Stirling Road Kilsyth

3 82 10/01042/FUL North Lanarkshire Construction of 24 Industrial Grant Council Units Comprising Two Buildings, Associated Roads & Car Parking Former 16 Netherdale Road Netherton Industrial Estate W ishaw

91 10/01045/FUL North Lanarkshire Change of Use from Public Grant Council Footpath to Private Garden Ground and Erection of Two, Two Metre High Fences (retrospective) Footpath East Of 12 Westray Wynd Newmains Wishaw

09/0101 9/MIN - If planning permission is granted, a decision notice should not be issued until a S75 Legal Agreement is concluded in relation to a restoration bond. 10/00312/FUL - If planning permission is granted, a decision notice should not be issued until a S75 Legal Agreement is concluded in relation to Affordable Housing.

4 Application No: Proposed Development:

N/09/01019/MIN Import of Inert Material for lnfill and the Formation of a 2 Metre High Bund. Site Address:

Former Peat Works Cumbernauld Road Moodiesburn

Date Registered:

3rd March 2010

Applicant: Agent: Antonine Property Group N/A Antonine View 2A Broomhill Road Bonnybridge FK4 2AN Application Level: Contrary to Development Plan: Local Application No

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

Recommendation: Refuse

Reasoned Justification: It is considered that the proposal will have a negative effect on a Site Important for Nature Conservation. It is therefore recommended that the application be refused.

5 NK19/0101B/MIN Antonine Propelty Group Former Peat Works Cumbernauld Road Moodiesburn

6 Reason for Refusal:-

1 The proposed infill will have a negative impact on a Site Important for Nature Conservation and is therefore contrary to policies ENV 13(B) (Nature Conservation) and ENV 32 (Landfill and Waste Disposal) of the Northern Corridor Local Plan 2005.

2 Approval of this development would set an undesirable precedent for other infill developments which would adversely affect Sites of importance for Nature Conservation.

NOTE TO COMMITTEE:

If the Committee is minded to grant the application, the planning permission should not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of a restoration bond.

Backaround Papers:

Representation Letters No letters of representation received.

Consultation Responses:

Scottish Environment Protection Agency e-memorandum received 26'h March 2010. Transport Scotland letter received 26'h March 2010 Green Space Service Memorandum received 2gthMarch and 2gthJune 2010. Protective Services Memorandum received 24'h March 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 61 6475

Report Date:

7thOctober 2010

7 APPLICATION NO. N/O9/01019/MIN

REPORT

1. Site DescriDtion

1.1 This application is for the importation of inert materials for the infill and adaptation of an area of land for agricultural grazing. The site was formerly used for peat extraction (Moodiesburn peat workings). The entire area is designated as a Site of Importance for Nature Conservation (Moodiesburn Moss SINC). The site is triangular in shape and forms the northern and western edge of peat workings. Beyond the peat workings is an un worked area consisting of moss habitat with a relic area of heath / mire vegetation. The application site covers 2 acres. The site is bounded to the north by the A80 Trunk Road. Sporadic fly tipping and substantial unauthorised deposits of material have occurred to the north and west of the site.

2. ProDosed Development

2.1 This application is for the importation of inert material for infill of land and formation of a 2 metre high bund. Works are intended to improve the area covering the former peat works for grazing. It is stated that there will be a related separation and wetting of the adjacent moss for its enhancement. The site is connected to the A80 Trunk Road.

3. Amlicant’s Sumortina Information

3.1 The applicant has submitted a protected species assessment, an outline conservation management plan and a supporting statement of intended works.

4. Site Historv

0 None relevant.

5. DeveloDment Plan

5.1 There are no strategic implications and this application is therefore considered in relation to Northern Corridor Local Plan 2005 Policy ENV 13(B) (Nature Conservation). Policy ENV 32 (Landfill and Waste Disposal) also applies.

6. Consultations

6.1 A summary of comments from consultees is as follows:

SEPA has no objections. Scottish Government Trunk Roads Authority has no objections and has provided comments relating to a revised site access. Greenspace Service has provided comments expressing concern that certain aspects of the proposal, including the bunds, could be detrimental to the long term health of the SINC. Protective Services has no objection.

7. ReDresentations

7.1 Following notification procedure no letters of representation were received.

8. Plannina Assessment

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

8 8.2 DeveloDment Plan Northern Corridor Local Plan 2005: In policy terms the site is covered by policy ENV 13(B) (Nature Conservation). ENV32 (Landfill and Waste Disposal) is considered relevant.

8.3 Policy ENV 13(B) sets out the guiding principles for protecting the Site of Importance for Nature Conservation (SINC) status of the area. The policy states that there will be a presumption against developments that could adversely affect a SINC. Where development is approved which could affect a SINC, the Council will seek to preserve, as far as possible, the site’s ecological interest and to provide for replacement habitats or features where damage is unavoidable. This particular application represents a mineral infill development, albeit with the applicant’s intention to assist in the rewetting of the SINC. It is also intended as a measure to eventually bring an area of land back into agricultural production as grazing land.

8.4 The applicant proposes to import infill material, excavate trenches and form clay bunds adjacent to the northern and western boundary of the moss in order to prevent water running out of the moss as it does at present. Notwithstanding the above there is concern that the proposed clay bunding around the infill site will result in pooling of water against the bunding to the detriment of the entire bog area. As such the development has the potential to harm an ecologically sensitive area and is therefore considered to be contrary to policy ENV 13(B).

8.5 In considering proposals for landfill, policy ENV32 (Landfill and Waste Disposal) balances benefits to the location against the impact of any proposal on the environment and amenity of the area. The policy makes specific reference to the need to protect Sites of Importance for Nature Conservation. The applicant has not satisfied the requirements outlined in this policy and the proposal is considered contrary to policy ENV32.

8.6 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan. The Finalised Draft North Lanarkshire Local Plan is a material consideration. This site is designated as NBE1 A3 (Site of Importance for Nature Conservation). This policy seeks to protect the natural environment and concurs with the adopted local plan. It is considered that the proposals adverse effect on the character and ecology of the surrounding area means that it is contrary to this policy. This is as discussed in paragraph 8.4 above.

8.7 Schedule of Works /Methodology: The applicant estimates that the infill and construction of clay bunds will involve the movement of some 17000 tons of material from external sources to the site. It has not been estimated how long the development will take to complete as the applicant has not sourced the infill material or presented a schedule of works. It is not therefore possible to fully assess the operational impact of the development.

8.8 Potential Adverse Affect on a Site of Importance for Nature Conservation: The site is covered by a SlNC designation and the upfill will encroach onto and will be immediately adjacent to ecologically valuable parts of the SlNC (both the former peat workings and the moss). The applicant has submitted a survey confirming that that there will be no impact on protected species. The moss, however, has a wider ecological value and although no legally protected species have been found the area is important in conserving a locally important habitat. As covered above it is considered that the proposal has the potential to adversely affect the SlNC by creating pooling rather than advantageous moss rewetting.

8.9 Carbon Capture: Bog rewetting has the benefit of re-establishing the ecology of the peat land and in turn reducing carbon loss by allowing the peat land to act as a carbon store, so having beneficial impacts on the local carbon cycle. Rehabilitation of the moss would be beneficial for the wider environment. It is not, however, considered that the proposed method of bog rewetting is acceptable due to potential

9 negative affects

8.10 Restoration Bond: If the Committee are of a mind to grant planning permission the decision should not be issued until a Section 75 Legal Agreement is entered into in respect of a restoration bond for securing completion of the proposed works.

8.1 1 Consultations: The Council’s Greenspace Services advise that the formation of the bunds may be detrimental to the future well being of the moss and have requested clarification on why such a large area of peat bog has to be in-filled in contravention of North Lanarkshire Councils Habitat Action Plan for Bogs. The Trunk Roads Authority has recommended that the current access is closed and that a relocated access be formed in order to improve road safety. In view, however, of the imminent de-classification of this section of road, should Committee be minded to grant planning permission, a condition to restrict operations on the site until the road has been de- classified is recommended.

9. Conclusions

9.1 There is a presumption against the disposal of waste by means of landfill onto Sites of Importance for Nature Conservation. The proposal is therefore considered contrary to policy ENV32 on landfill and waste disposal. It is considered that the importation of infill of material has the potential to adversely affect the ecological value of the SlNC area. This is contrary to policy ENV 13(B) (Nature Conservation) in the relevant local plan.

9.2 Having considered the merits of this proposal, it is recommended that planning permission be refused.

10 Application No: Proposed Development:

N/10/00312/FUL Construction of Residential Development (12 Flats) Site Address:

Beacon Inn Kilsyth Road Queenzieburn G65 9ED

Date Registered:

28th April 201 0

Applicant: Agent: Arva Ltd Hardie Associates Ltd 129A Broughty Ferry Road 78 Hopetoun Street Dundee Bathgate Angus West Lothian DD4 6LB EH48 4PD

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth 2 letters of representation received. Mark Griffin, Jean Jones, David Key,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The design, scale, materials and positioning of the proposal are considered to be acceptable and will not impact negatively on the character or amenity of the surrounding area and is therefore considered to be acceptable. In this respect the proposal complies with the adopted Kilsyth Local Plan, 1999

A planning agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 is required in respect of the payment of a commuted sum in relation to the Council’s Affordable Housing Policy

11 N110/00312/FUL N Arva Ltd Beacon Inn Kilsyth Road Queendebum kT~?:ggg~Kg&z,- Construction of Residential Development (12 Flats) -d,---"w-.", .*&_.X h%%S=

12 Proposed Conditions:-

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

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

2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 09/67/BLP, 09/67/P101, 09/67/P102 and 09/67/P103.

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

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

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.

4. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas detailed on the approved plans and all boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) identification of any trees to be retained and their protection in the course of development. For the avoidance of doubt any mature trees lost shall be replaced with trees of a suitable age and species. (d) a timetable for the completion of these works contemporaneously with the development..

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

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

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

6. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpaths. (b) the proposed parking areas shown on the approved plans; (c) the proposed grassed, planted and landscaped areas shown on the approved plans; (d) the proposed fences to be erected along the boundaries.

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

7. That BEFORE completion of the development hereby permitted, the management and

13 maintenance scheme approved under the terms of condition 6 shall be in operation.

Reason: To safeguard the residential amenity of the area.

8 That a visibility splay on land within the application site of 2.5 metres by 120 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: In the interests of road safety by ensuring that there is satisfactory driver visibility at the access.

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

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

10. That the SUDS compliant surface water drainage scheme required under Condition 9 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the development hereby permitted is brought into use, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA guidance and the certified plans.

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

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

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

12. That before the development hereby permitted starts additional full details of existing and proposed site levels shall be submitted to and approved in writing by the Planning Authority. This shall include scaled cross sections through each flatted block demonstrating levels differences with neighbouring properties. Once approved, the levels agreed as part of this condition shall be adhered to through the course of the development, unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure satisfactory control over levels in the interest of the amenity of the area.

13. That before development hereby permitted starts, any remediation works arising from the site investigation carried out by NPL Environmental Ltd,(Project 08-618) August 2008, shall be approved in writing by the Planning Authority. Before construction commences on the flats hereby permitted a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that the approved remediation works have been carried out in accordance with the terms of

14 the Remediation Strategy.

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

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

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

15. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

NOTE TO COMMITTEE:

If the Committee accepts the above recommendation, the planning permission should not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of affordable housing equivalent to a commuted sum equivalent to the provision of 25% affordable housing set by the District Valuer.

Backaround Papers:

Representation Letters

On line comment from Mr David Thomas, 42 Kilsyth Road Queenzieburn received 25'h June 2010. Letter from Councillor Jean Jones Civic Centre Windmillhill Street Motherwell received 28'h June 201 0.

Consultation Responses:

Leisure and Learning memo received 22ndJune 2010. Protective Services memo received gthJuly 2010. Traffic and Transportation memo received 16'h June 201 0.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur on 01236 61 6475

Report Date:

8'h October 201 0

15 APPLICATION NO. N/10/00312/FUL

REPORT

1. Site Description

1.1 The application site is the former Beacon Inn public house which fronts onto Kilsyth Road, Queenzieburn. It is the applicant’s intention to demolish the pubic house, which is in a poor state of repair. The site which has an area of 0.2ha is bounded by Kilsyth Road to the north and two storey residential flatted developments (4 in a block type) beyond, open fields to the south and east and sports pitch to the west. The overall site is on two distinct levels with the rear of the site lying substantially lower than the front (the former public house car park).

2. Proposed Development

2.1 This application is for planning permission for the construction of 12 flatted dwellings arranged over two storeys within an H shaped block arrangement. Vehicular access is from Kilsyth Road with parking to the front.

3. Applicant’s Supportina Information

3.1 The applicant has submitted a site investigation report, a drainage assessment detail and a topographical survey in support of the application.

4. Site History

4.1 The applicant has submitted previous applications in an attempt to comply with the Council’s minimum design standards. All previous applications have been withdrawn.

e 06/01623/FUL Erection of Flatted Development Comprising 14 Flats withdrawn 13‘h July 2009. 09/00905/FUL Demolition of Existing Two and a Half Storey Building and Erection of 12 Flatted Units withdrawn gthFebruary 2010.

5. Development Plan

5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. In terms of the Kilsyth Local Plan 1999, the site is zoned as lying within an existing residential area where Policy HG3-5 (New Residential Development) applies.

6. Consultations

6.1 A summary of comments from consultees is as follows:

Traffic and Transportation has no objection to the proposal and provided comm ents.

Pollution Control requested that a site investigation report should be submitted. A traffic noise survey was also requested.

Learning and Leisure has no objections to the proposal and provided comments on projected pupil accommodation levels.

7. Representations

7.1 Following the standard neighbour notification process 2 letters of representation were received, one from a local member.

16 7.2 Points of objection/representation relate to road safety, topography, refuse area, sewage infrastructure and building height.

8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is not of strategic importance the relevant policies are contained in the Kilsyth Local Plan 1999.

8.2 Development Plan Kilsyth Local Plan 2005: Policies HG3-5 (Development Control in Housing Areas) apply. These policies aim to protect established residential amenity. It is considered that the proposed residential use is compatible with relevant local policy. The principle of the proposal is therefore accepted in that there will be no unacceptable impact on amenity, and traffidparking.

8.3 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration and the zoning of the site remains unchanged (HCF 1A Residential Amenity), where there is a presumption against developments detrimental to residential amenity in primarily residential areas. It is considered that the application complies with the emerging Local Plan. The North Lanarkshire Local Plan goes on to assess developments under policies DSP3 and 4 (Impact and Quality of Development) and for the reasons detailed in this report these assessment criterion are satisfied. HCF3 (Affordable Housing Development) is also applicable for sites with a capacity of between 5 and 20 units, whereby a commuted sum equivalent to provision of 25% affordable housing is required. In the case of the latest layout (12 units), the policy requirement for affordable housing provision would be a commuted payment equivalent to 3 affordable residential units. This is discussed in paragraph 8.6.

8.4 Residential Layout and Design: The introduction of two storey flats at this location satisfactorily reflects house types already in Queenzieburn. It is recognised that the site is separated from other Queenzieburn housing (other than one nearby dwellinghouse) by Kilsyth Road. The site is, however, an established part of Queenzieburn through its previous public house use. As such it is considered that in functional as well as zoning terms the site is acceptable for residential development. Communal amenity ground satisfies the minimum guideline requirement on open space provision. Several small incidental landscaped areas are proposed which will combine with the surrounding open countryside to contribute to the overall character and setting of the site. In addition to layout and setting, it is also considered that the detailed design of the buildings is acceptable and that materials can be considered by way of condition. The proposal is of good design and will contribute positively to the character of the surrounding area. In terms of traffic/ parking it is considered the proposal will have an acceptable impact at, and around, the site. Parking provision is sufficient to cater for residents and visitors to the area and concurs with Transportations comments. The site will use an existing access.

8.5 Affordable Housing: The Council has identified a continuing requirement for affordable housing. For sites with a capacity between 5 and 20 units, a commuted sum equivalent to the provision of 25% affordable housing is required. The agreed sum can be secured through a Legal Agreement. The applicant has agreed to this process in principle.

8.6 Consultations: In respect to consultation responses not already addressed it is noted that the applicant has not confirmed agreement with Scottish Water to connect foul and surface water drainage (via attenuation) to the public sewer and an appropriate condition is therefore recommended. Initial detail been submitted outlining the extent of drainage and attenuation infrastructure. This matter has been satisfactorily progressed to the position where outstanding and final detail can be confirmed via conditions. There is adequate space within the development to contain attenuation

17 infrastructure. Pollution control recommended that a noise survey is undertaken to determine noise levels from traffic on Kilsyth Road. Given that there are a number of properties along this road (not least two storey residential flatted developments opposite), a survey based on traffic noise was considered unduly onerous. Traffic & Transportation have no objection subject to conditions relating to visibility splay. This requirement is currently achievable notwithstanding part of the view being across a small strip of open neighbouring land containing a sports field; however, any future obstruction would be out with the applicant's control which should be weighed against the access having been in existence for a number of years servicing a public house. The applicant has submitted a site investigation report which has been forwarded to Pollution Control for comment. In advance of their comments it is recommended that any remediation works identified by the site investigation, require the agreement of the Council and certification by a Chartered Environmental Engineer confirming that any remediation works are carried out in accordance with the terms of the remediation strategy. An appropriate condition is therefore recommended.

8.7 Representation: Two objection letters were received. The points of objection raised can be summarised as follows:

Point of objection: Vehicles exiting the site onto Kilsyth Road would result in a reduction in road safety due to an existing blind summit and proximity of the junction at Drumbreck.

Comment: Transportation did not consider either scenario to be problematic and subsequently no additional measures are proposed.

Point of objection: Plans do not indicate how high the buildings will be.

Comment: Plan 09/067/PLI 03 scale I :I 00 shows proposed elevations with a building height of 8.8 metres. A supporting topographical plan has also been submitted and final levels are subject to agreement with the planning authority.

Point of objection: Current sewage infrastructure issues would be exacerbated by the introduction of further dwellings.

Comment: Connection to existing sewage infrastructure is subject to agreement with Scottish Water who offered no comment on this application.

Point of objection: Is the bin storage area large enough and what materials will it be constructed from to prevent vandalism?

Comment: It is considered that the area allocated for bin storage is adequate for this scale of development. Whether the materials of the bin store prevent vandalism is not a material planning consideration.

Point of objection: Local residents would prefer a terraced development.

Comment: The applicant is not proposing this type of development. It is considered that the proposed form of two storey flatted development is acceptable.

9. Conclusions

9.1 It is considered that the proposal accords with the Kilsyth Local Plan in that the proposal is in keeping with the Queenzieburn residential area. It is therefore recommended that planning permission be granted.

18 Application No: Proposed Development:

10/0065O/FUL Formation of Cemetery, Associated Pavilion with Waiting Room and Accommodation for Cemetery Workers, Access Roads, Car Park and Landscaping

Site Address:

Site Adjacent To Bothwellhaugh Road Bellshill

Date Registered:

28th July 2010

Applicant: Agent: North Lanarkshire Council North Lanarkshire Council Civic Centre Design Services Windmillhill Street Philip Murray Road Motherwell Bellshill MLI 1TW ML4 3PA

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 014 Bellshill No letters of representation received. Councillors Harry Curran, Richard Lyle & Harry McGuigan

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that it can be accommodated without detriment to the character and amenity of the surrounding country park location.

19 02 1 Proposed Conditions:-

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

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

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

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

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

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

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

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

5. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: EDMS09/022/Dra-011 EDMS09/022/Pla-01 , EDMS09/022/LOC-01 (Block Plan), EDM S09/022/LEV-O 1, EDMS09/022/LEV-02, EDMS09/022/SEC, EDMS09/022/SEC-0 1 EDMS09/022/SEC_02,0808LP 03 and 0808 LP 04.

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

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

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

7. That any remediation works identified by the site investigation required in terms of Condition 6, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

8. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance. For the avoidance of doubt, the proposed SUDS scheme shall incorporate the removal or breaking up of all existing field drains within the site.

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

9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance prior to the use of the first lair or the facilities building, whichever is the earlier.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

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

Reason: To ensure the provision of satisfactory drainage arrangements.

11. That before the development hereby permitted commences, a programme of archaeological work shall be submitted to and approved in writing by the Planning Authority, in consultation with NLC Archaeology Service. For avoidance of doubt, the programme of archaeological work shall be in accordance with the submitted Archaeological Evaluation Report dated 11th March 2009 by Archaeological Heritage Services Ltd and shall be implemented in accordance with a timescale to be agreed in writing by the Planning Authority.

Reason: In the interests of protecting the natural and historic built environment.

12. That before the development hereby permitted commences, protective fencing shall be erected throughout the construction period surrounding the archaeologically sensitive area as identified in the Archaeological Evaluation Report dated 11th March 2009 by Archaeological Heritage Services Ltd. No development shall take place within the area inside the protective fencing and the fencing shall not be removed without the prior agreement in writing by the Planning Authority.

Reason: In the interests of protecting the natural and historic built environment.

13. Nothwithstanding the details shown on approved drawing no 0808 LP 04 and before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a scheme for tree and shrub planting along the site frontage and surrounding the SUDS area. (c) an indication of all existing trees and hedgerows, plus details of those to be

22 retained, and measures for their protection in the course of development; (d) a detailed schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the development hereby permitted is brought into use.

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

14. That all works included in the scheme of landscaping and planting, approved under the terms of condition 13 above, shall be completed in accordance with the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the extended facility being brought into use, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

15. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roof of the facilities building shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: In the interest of the amenity of the site and the general area.

16. That BEFORE the development hereby permitted starts, full details of the design and location of all fences, gates and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and any walls, gates or fences erected at the shall be accordance with the details approved under the terms of this condition.

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

17. That BEFORE the development hereby permitted is brought into use all of the associated 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: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway.

18. That before the development hereby permitted commences, a scheme of road improvement works for the length of Bothwellhaugh Road from its junction with McCallum Gardens to the southern site access, shall be submitted to and approved in writing by the Planning Authority. For avoidance of doubt this scheme of road improvement works shall include provision for street lighting and a footpath on either side of Bothwellhaugh Road. Thereafter the works approved under the terms of this condition shall be approved shall be constructed prior to the development hereby permitted being brought into use.

Reason: In the interests of traffic and pedestrian safety.

19. Notwithstanding the requirements of Conditions 18 above, a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided from both access points to the site onto Bothwellhaugh Road, and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.9 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 and pedestrian safety.

23 Backqround PaDers:

Consultation Responses:

Email from Scottish Natural HEritage received 20thAugust 201 0. Email from SEPA received 11 August 2010. Email from Scottish Water received 12'h August 2010. Letter from Scottish Gas Network receivecf:Oth August 201 0 Letter from Strathclyde Police receive2 11 August 2010 Letter from BT Openreach received 5 August 2010 Letter from Health & Safety Executiv! received 2gthSeptember 2010 Email from Network Rail received 13 August 2010 Email from NLC Archaeology Services Leceived 15'h September 2010 Memo from Transportation received 16 AuWust 201 0 Memo from Protective Services received 10 August 2010 Memo from Head of Land Services (Greenspace) received 24'h August 2010

Contact Information:

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

Report Date:

6'h October 201 0

24 APPLICATION NO. 10/0065O/FUL

REPORT

1. Site Description

1.1 The site is located within the northern portion of Strathclyde Country Park and is approximately 90 metres to the south of Orbiston, Bellshill. The site measures 11-75 hectares and comprises of overgrown grassland, mature vegetation and trees. The site is bounded by railway line to the north, Bothwellhaugh Road to the east and mature open grassland to the west and south. An informal bridle path, footpath and car park align part of the southern boundary. It should be noted that there is currently no vehicular access to the site from Bothwellhaugh Road. The site slopes downwards in a north to south direction, with an overall 20 metres height difference in site levels from the highest point to the lowest point within the site.

2. Proposed Development

2.1 This application seeks planning permission for a new cemetery and an associated facilities pavilion incorporating a waiting room, garage and accommodation for the cemetery workers. The cemetery will have a total potential capacity for 4147 lairs. The proposed facilities pavilion will be of a contemporary, modern design and measure 300 square metres. The building will be constructed using buffhed facing brick, treated hardwood windows and doors, brown/biodiverse roof with stainless steel feature sections and powder coated steel roller shutter doors. Access to the site will be taken via two new access points from Bothwellhaugh Road. A car park is proposed to the south of the facilities building, which accommodates 20 parking spaces. Due to the topography of the site, the site will be regarded and feature stone retaining walls will be constructed throughout the site in order to provide terraced platforms for the lairs.

3. Applicant’s Supportina Information

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

0 Design and Access Statement 0 Archaeology Survey 0 Biodiversity Survey 0 Phase 1 and 2 Ground Investigation Report

3.2 The applicant submitted the statutory Pre-application Consultation with the Community report for this major application. The report summarised the consultations undertaken with Bellshill Community Council and a public event which was held on 2!jth February 2010 at Lawmuir Primary School, Bellshill and publicised in the week prior to the event in the Motherwell Times and Bellshill Speaker. The comments received from this pre-application consultation exercise are summarised below:

a) Bellshill Community Council confirmed in writing that a number of their members are in support of the proposal in that it will discourage other undesirable activities to take place within the same area. b) The public event was attended by one adult and her daughter and noted that they have concerns that the cemetery may not be appropriate during the summer months when a higher number of park visitors and anti-social activities occur. However the applicant confirmed that good design can prevent such activities occurring and these comments would be taken into consideration in the finalised design.

4. Site Historv

4.1 There have been no other relevant planning applications for this site.

25 5. DeveloDment Plan

5.1 The site is covered by Policies ENVG (Green Belt) and L8 (Strathclyde Country Park) in the Southern Area Local Plan.

5.2 The site is covered by Policies NBE 3 A (Green Belt) and NBE 1 A3c (Country Parks) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 The following consultees have no objections to the proposed development: Strathclyde Police, Scottish Natural Heritage, Network Rail, HSE and BT Openreach.

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

I. Transportation has no objections to the proposed development subject to visibility splay requirements at the site entrance and the upgrading of the length of Bothwellhaugh Road to McCallum Gardens including the provision of street lighting and footways. II. Protective Services have confirmed that they are satisfied with the findings of the submitted site investigation report. Ill. Head of Land Services (Greenspace) have commented that the site will encourage biodiversity in cemeteries and there should be no net loss through this development. They also recommend detailed comments in relation to the landscaping of the site, including the retention of some hedgerows, and a pedestrian and cycle access route should be incorporated into the development. IV. NLC Archaeology Service have no objections to the proposed cemetery subject to conditions relating to the submission of a programme of archaeological works in according with the Written Scheme of Investigation and protective fencing to be erected around the archaeological sensitive area. V. Scotland Gas Networks have advised that there is a high pressure gas pipeline within the vicinity of the application site and no building works should be undertaken within 16 metres of the pipeline. VI. SEPA has no objections to the proposal subject to the provision of a SUDS drainage scheme and any existing field drains should be removed or broken up in order to disrupt them, therefore preventing the formation of preferential pathways with the potential to cause localised ponding or flooding or graves. VII. Scottish Water has no objections to the proposed development subject to the applicant making a separate application to them for connection to their apparatus.

7. Representat ions

7.1 No letters of representation have been received in relation to this application. a. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned under Policies ENVG (Green Belt) and L8 (Strathclyde Country Park) in the Southern Area Local Plan. Policies ENVS (Assessment of Environmental Impact), ENVI 3 (Biodiversity), ENV21 (Archaeology), CS4 (Assessing Applications for Community Facilities) and TR13 (Assessing the Transport Implications of Development) are also relevant to this application.

26 DeveloDment Plan

8.2 Policy ENVG (Green Belt) seeks to safeguard the character and function of the Green Belt by presuming against development other than that associated with agriculture, forestry or other appropriate rural uses. The proposed cemetery is a large scale development within this country park location; however it is considered that the proposal is an acceptable use given its specific locational need and size, and it would not result in an adverse effect on the character and function of the Green Belt. The proposal is therefore in accordance with Policy ENVG.

8.3 Policy L8 seeks to continue to maintain and enhance facilities at Strathclyde Country Park which are consistent with the Park Development Strategy and other local plan policies. As detailed at paragraph 8.2 above, the proposed development is considered an acceptable use in the Green Belt. Furthermore, the location of the proposed cemetery will not adversely affect any of the existing park facilities. The proposal will not prejudice any further development within the country park as this site is located on the periphery of the park, and away from any community facilities. The proposal is considered to be compliant with Policy L8.

8.4 Policy CS4 assesses applications for community facilities against various criteria including, the extent to which the proposal meet a shortfall in the provision of Community Services, suitability of the proposal on the character and amenity of adjoining properties and the surrounding environment, provisions for access and parking and detailed design elements. The proposed cemetery is required to serve the settlements of Bellshill and Motherwell. The existing cemeteries at Bothwellpark, Bellshill and Airbles Road, Motherwell are approaching full capacity over the next two years. The application site has been selected due to its size, the central location between Bellshill and Motherwell and will be located away from residential properties due to public perception. As detailed at paragraph 8.2 above, the proposed cemetery is acceptable in that it will have no significant impact on the character and function of the character and amenity of the country park. Matters relating to access and parking will be discussed at paragraph 8.10 below. In terms of detailed design elements, it is considered that the proposed design and layout of the cemetery is acceptable subject to a detailed landscaping scheme to mitigate the impact of the loss of trees and vegetation to facilitate the development. Suitable planning conditions are recommended to ensure the submission of a landscaping scheme. The scale, siting and design of the proposed facilities building is also considered acceptable and a planning condition is recommended in relation to the submission of construction materials. With regards to fences, gates and walls, a planning condition is recommended to ensure that appropriately finished boundary treatments are provided. It is therefore considered that the proposal complies with Policy CS4.

8.5 With regard to assessing the environmental impact of the proposed residential development, Policy ENV5 applies. This policy addresses the likely impact a development may have on the environment by considering the following relevant criteria: suitability of a proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution, flooding risk and interference and loss of natural habitats and protected species. As detailed at Paragraphs 8.2 and 8.3 above, the principle of the proposed cemetery is considered acceptable at this location. While the site is currently characterised by mature vegetation and grassland which will be removed to facilitate this development, a planning condition relating to the submission of a detailed landscaping scheme in order to provide replacement planting throughout the lair areas and along the eastern boundary of the application site. Regrading works are proposed in order to provide level terraced platforms which will be set into the landscape with feature stone retaining walls between each platform. While regrading works will alter the topography of the site, it will still slope in a north to south direction. It is therefore considered that there will be no significant adverse visual impacts on the surrounding landscape due to the nature of the development and the proposed replacement planting scheme. Land Services (Greenspace) and SNH are satisfied

27 that there will be no adverse impacts on wildlife and consider that the proposed development will encourage biodiversity through planting. It is therefore considered that the proposal accords with Policy ENV5.

8.6 With regard to the impact on natural habitats and species, Policy ENV13 (Biodiversity) applies. This policy seeks to maintain and enhance the nature resources by protecting the habitats, species and natural features which are vulnerable when new development is proposed. In this instance, Head of Land Services (Greenspace) have commented that the landscaping within the proposed development should be designed in such a fashion that will enhance biodiversity and will result in no overall net loss. A biodiversity statement was provided by the applicant and no concerns were raised by Greenspace in relation to protected species. This matter will be dealt via planning conditions requiring the submission of a detailed landscaping scheme incorporating the Greenspace comments. The proposal therefore complies with Policy ENVI 3.

8.7 Policy ENV21 (Archaeology) seeks to protect areas which have archaeological importance and weigh their importance against the benefits of the proposed development. The applicant has submitted a detailed archaeological evaluation report which has confirmed that possible remains of a medieval farmstead along with other medieval features have been identified within a rectangular area at the northern part of the site. The applicant has noted these findings and amended the application site boundary to omit the area of archaeological interest. NLC Archaeology Service has advised that they are satisfied with the findings of the report subject to the erection of fencing around the archaeological site during construction and a programme of archaeological works. Suitable planning conditions are recommended to address these matters. As such the proposal accords with Policy ENV21.

8.8 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation have commented that the length of Bothwellhaugh Road leading from its junction with McCallum Gardens to the southern site entrance requires to be upgraded, including the provision of footpaths and street lighting. Furthermore they request that the required visibility splays be maintained at the site accesses at all times. It is considered that these matters can be addressed through the imposition of planning conditions. Taking account of the above comments, the proposal therefore complies with Policy TR13.

Other Material Considerations:

8.9 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is covered by Policies NBE 3 A (Green Belt) and NBE 1 A3c (Country Parks). The zoning of the land being utilised for the cemetery remains unaltered from the adopted Southern Area Local Plan. As such, the proposal accords with the emerging local plan.

Consultations:

8.9 With regard to the responses from Protective Services, NLC Archaeology Service, SEPA and Scottish Water, it is considered that suitable planning conditions can address the matters raised. In terms of the comments received from Scotland Gas Networks, no construction work will take place within the 16 metres of the pipeline.

9. Conclusions

9.1 In conclusion, it is considered that the proposed cemetery development is acceptable when assessed against the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is considered that the proposed cemetery can be suitably accommodated within Strathclyde Country Park without detrimentally affecting the character of this wider countryside visitor location. It is therefore recommended that planning permission is granted subject to conditions.

28 Application No: Proposed Development:

10/007OO/FUL Formation of Woodchipping Plant and Associated Works

Site Address:

Land Adjacent To Water Works Building Strathclyde Country Park 366 Hamilton Road Motherwell

Date Registered:

13th July 201 0

Applicant: Agent: North Lanarkshire Council North Lanarkshire Council John Turnbull Antonia Paul The Watersports Centre The Watersports Centre 366 Hamilton Road 366 Hamilton Road Strathclyde Country Park Strathclyde Country Motherwell Motherwell ML1 3ED ML1 3ED

Application Level: Contrary to Development Plan: Local Application No

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

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be acceptable in terms of Policy ENV6 (Green Belt) of the Southern Area Local Plan and Policies NBE3A (Green Belt) and NBE 1 A3c (Natural Environment- Country Parks) in the Finalised Draft North Lanarkshire Local Plan in that it can be accommodated without detriment to the character and amenity of the surrounding country park location.

29 PLANNING APPLICATION 10 I00700 I FUL Produced by krh Lanarkshire Counal Planning and kvironment Department. Formation ofwoodchipping Plant and Associated Works blziel Building, Land Adjacent To Water Works Building, Msthrrwrll, Strathclyde Country Park, 366 Hamilton Road, ML1 1SX M ot he twel I A tel01688 274274 Representation hx 01698 403053 * 3n Proposed Conditions:-

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

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

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

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

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

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

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

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

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

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

6. That BEFORE the development hereby permitted starts, full details of the design and location of all fences, gates and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and any walls, gates or fences erected at the shall be accordance with the details approved under the terms of this condition.

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

7. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance. For the avoidance of doubt, the proposed SUDS scheme shall incorporate the removal or breaking up of all existing field drains within the site.

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

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

31 permitted being brought into use.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

9. That BEFORE the development hereby permitted is brought into use all of the associated 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: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway.

10. That notwithstanding the requirements of Condition 6 above and before the development hereby permitted shall be brought into use, a 3 metre high closed boarded timber fence shall be erected using 19mm thick softwood boards along the northern boundary of the application site surrounding the chipping area, in accordance with the recommendations contained within the Nicol Acoustics Noise Impact Assessment dated March 2010, to the satisfaction of the Planning Authority, and shall thereafter be maintained at all times.

Reason: In the interests of the amenity of the neighbouring residential properties.

11. That all chipping operations shall take place on a maximum of 18 days per year and a maximum of two days per calendar month between the hours of 9am to 5pm only, unless otherwise agreed in writing by the Planning Authority.

Reason: To enable the Planning Authority to retain effective control and in the interests of the amenity of the neighbouring residential properties.

12. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837:2005 shall be erected along the drip line of the adjacent trees, and confirmation in writing shall be provided to this effect to the Planning Authority. These measures shall not be removed without the approval in writing of the Planning Authority.

Reason: In order to protect the adjacent mature trees. 13. That no excavations or trenches, for the laying of services or for any other purpose, shall be dug within the area of ground which lies below the canopy of any of the trees which are, partly or wholly, within site.

Reason: In order to protect the adjacent mature trees.

14. That no trees shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing by the Planning Authority.

Reason: In the interests of nature conservation and visual amenity of the surrounding area.

15. That BEFORE the development hereby permitted commences, the applicant shall implement the mitigation measures identified in the Badger Mitigation Strategy prepared by North Lanarkshire Council- Greenspaces dated August 201 0 to the satisfaction of the Planning Authority. For the avoidance of doubt, any mitigation measures shall be implemented in accordance with a timescale to be agreed with the Planning Authority.

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

32 Backaround PaDers:

Representation Letters

Online representation from Mr Peter Murray, 279 Merry Street, Motherwell, ML1 4BJ received 21'' July 2010.

Consultation Responses:

Memo from Transportation received 7'h October 201 0. Memo from Land Services (Greenspace) received 20thSeptember 201 0 Memo from Land Services (Landscape) received Eith August 2010 Memo and email from Protective Services received 31 August and 7lh October 2010 Letter from Scottish Natural Heritage received 2ndAugust 201 0 Letter from SEPA received 2ndAugust 201 0

Contact Information:

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

Report Date:

8th October 201 0

33 APPLICATION NO. 10/007OO/FUL

REPORT

1. Site Description

1.I The site is located within the south eastern part of Strathclyde Country Park and to the south west of Motherwell. The site measures 0.89 hectares and formed part of the former water works facility. The site is currently used as a yard area for storage of containers and materials. The site is bounded by trees and the wider recreational park to the west, north and south, and the former water works building and associated dwelling to the east. It should be noted that Strathclyde Loch to the west of the site and the woodland to the north, are Sites of Importance for Nature Conservation (SINC). The site is relatively flat with the adjacent former water works buildings sitting at a higher level. Access to the site is taken via an existing access which leads from Hamilton Road.

2. Proposed Development

2.1 The applicant proposes to construct a woodchipping plant which involves the construction of an agricultural storage barn, internal access roads and associated storage areas for chip piles and wood. The proposed woodchipping plant is required to provide renewable energy resources to supply North Lanarkshire Council boilers and would only be required on average 4 to 6 chipping days per year. The proposed agricultural barn would measure 25 metres long, 20 metres wide and 8.3 metres high and constructed using a steel frame with timber cladding. The existing access from Hamilton Road would be utilised for all service vehicles.

3. Applicant’s Suwortina Information

3.1 The applicant has submitted the following documents in support of this application:

0 Protected Species Survey 0 Noise Impact Assessment 0 Supporting Statement

4. Site History

4.1 There have been no other relevant planning applications for this site.

5. Development Plan

5.1 The site is covered by Policies ENV6 (Green Belt) and L8 (Strathclyde Country Park) in the Southern Area Local Plan.

5.2 The site is covered by Policies NBE 3 A (Green Belt) and NBE 1 A3c (Country Parks) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

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

a) Transportation has no objections to the proposal. b) Land Services (Landscape) have no objections to the proposal. They commented that the application site is a brownfield site within the Country Park which as used as a depot and the proposed woodchipping plant is complementary to the existing use. They note that the site will be screened by the mature trees and there will be very little visual impact on the surrounding area.

34 Land Services (Greenspace) have no objections to the proposal subject to conditions relating to tree protection during construction and adherence to the submitted badger mitigation strategy. Protective Services have commented that a 3 metre high u-shaped acoustic barrier should be provided around the chipping area and in order to prevent a noise nuisance, chipping should only operate on no more than two days in any calendar month and a total of 18 days per year. They also recommend chipper should only operate between 9am to 5pm on its day of use. Scottish Natural Heritage has commented that if bats are found to be present, a bat survey should be requested. They have commented that the submitted badger survey is acceptable and the mitigation measures should be implemented prior to commencement of any works. SEPA have commented that the application site lies within the flood envelope and may at medium to high risk of flooding. However they have noted that as the site is brownfield and for commerciaVindustriaI purposes, the applicant should ensure that there are appropriate flood measures incorporated into the proposal.

7. Representations

7.1 One letter of representation has been received in relation to this application. The grounds of which are summarised below:

I. The proposed woodchipping plant is likely to produce noise and dust which would adversely affect the adjacent Strathclyde Country Park, by reducing the amenity of the Park for the people and impact on wildlife within this protected area of the Local Nature Conservation Site. II. The objector considers that a planning condition should be attached to ensure that all chipping operations are carried out within the proposed new building, with dust extraction and capture equipment installed and used. Ill. The objector considers that SEPA should be consulted on this type of application.

8. Planninq Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned under Policies ENVG (Green Belt) and L8 (Strathclyde Country Park) in the Southern Area Local Plan. Policies L2 (Leisure Development), ENV13 (Biodiversity), ENVI 4 (Nature Conservation Sites) and TR13 (Assessing the Transport Implications of Development) are also relevant to this application.

Development Plan

8.2 Policy ENVG (Green Belt) seeks to safeguard the character and function of the Green Belt by presuming against development other than that associated with agriculture, forestry, the generation of power from renewable sources and other appropriate rural uses. The proposed woodchipping plant is a small industrial operation within this country park location; however it is considered that the proposal is an acceptable use given its specific locational need (noisy operation) and size and that it would not result in an adverse effect on the character and function of the Green Belt. Furthermore it would also contribute to providing a renewable energy source from sustainable woodland management. It is noted that the plant and building is to be located on an existing well screened yard area and part of the former water works. Visually, this will not therefore be prominent in the context of the wider park. It is considered that development is in accordance with Policy ENV6.

35 8.3 Policy L8 seeks to continue to maintain and enhance facilities at Strathclyde Country Park which are consistent with the Park Development Strategy and other local plan policies. As detailed at paragraph 8.2 above, the proposed development is considered an acceptable use in the Green Belt. Furthermore, the location of the proposed wood chipping plant within an enclosed screened area will not adversely affect any of the existing park facilities. The proposal will not prejudice any further development within the country park due to the existing characteristics of the site in question and in general amenity terms, the plant would be in operation on a very limited number of days each year. The proposal is considered to be compliant with Policy L8.

8.4 Policy L2 seeks to encourage and support identified leisure development opportunities. For the reasons detailed above, this application does not prejudice any of those aims. The proposal therefore complies with policy ENV6.

8.5 With regard to the impact on natural habitats and species, Policy ENV13 (Biodiversity) applies. This policy seeks to maintain and enhance the nature resources by protecting the habitats, species and natural features which are vulnerable when new development is proposed. In this instance, the presence of badgers were detected and confirmed in the submission of a protected species survey. The applicant then submitted a badger mitigation survey and Scottish Natural Heritage have confirmed that they consider that the proposed mitigation measures are acceptable and should be implemented prior to the commencement of the works on site. Furthermore they requested a bat survey if buildings are to be demolished, however as none are being demolished and no trees impacted this survey is not required. An advisory note in respect to the operator’s on-going responsibilities in respect to all protected species is recommended. Taking the above into account, it is considered that on the basis that the badger mitigation measures are suitably implemented, the development can proceed without unacceptable detriment to these species and that the proposal therefore complies with Policy ENV13.

8.6 Policy ENV14 aims to protect natural conservation sites, including Sites of Importance for Nature Conservation, of which Strathclyde Loch is located to the south and a woodland area to the north. Appropriate consultation has been carried out with SNH, Land Services (Greenspace) and Protective Services which has concluded that subject to conditions, there is no reason to preclude against the granting of planning permission. The proposal therefore complies with policy ENV14.

8.7 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation has no objections to the development and as such the proposal therefore complies with Policy TR13.

Other Material Considerations

8.8 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is covered by Policies NBE 3 A (Green Belt) and NBE 1 A3c (Country Parks). The zoning of the land to be utilised for the wood chipping plant remains unaltered from the adopted Southern Area Local Plan. As such, the proposal accords with the emerging local plan.

Consultations:

8.9 With regard to the responses from Protective Services, planning conditions are recommended to restrict the hours of chipping works and the number of days of chipping per month and overall per year in order to prevent the development becoming a statutory nuisance under Environmental Protection legislation. Furthermore a planning condition is recommended to ensure the erection of a suitable 3 metre acoustic barrier to protect the amenity of the nearby dwellings. Planning conditions are also recommended with regard to the implementation of the

36 mitigation measures to protect the badgers on the site. In terms of the response from SEPA, while the site lies within the functional floodplain, the nature of this proposal is deemed an acceptable exception to the normal presumption against development and the proposal does not result in works which require the provision of any compensatory flood storage areas. It is considered that suitable planning conditions can address all other relevant matters raised.

Reixesentations:

8.10 In terms of points of objection, I would comment as follows :-

a) & b) As detailed at Paragraph 6.1 above, Protective Services are content with the findings of the submitted noise assessment and have requested a restriction to be placed on the number of days wood chipping would occur including operation times and a 3 metre high acoustic fence to be installed. c) SEPA have been consulted on this type of application with regard to flood risk and as detailed at Paragraph 8.9 above, the matters raised can be dealt with by planning conditions.

9. Conclusions

9.1 In conclusion, it is considered that the proposed woodchipping plant is acceptable when assessed against the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is considered that the proposed development will provide a renewable energy resource and can be suitably accommodated within Strathclyde Country Park without detrimentally affecting the character of this wider countryside visitor location. It is therefore recommended that planning permission is granted subject to conditions.

37 Application No: Proposed Development:

10/00854/MlN Upfilling of Land in Connection with Adjacent Motorway Works (partly in retrospect) Site Address:

Site To West Of Drumsack Farm Blacklands Road Auchinloch North Lanarkshire

Date Registered:

24th August 2010

Applicant: Agent: Highway Management Construction (M80) PPCA Ltd 11 Mollins Court 25 Alva Street Westfield Industrial Estate Edinburgh Cumbernauld EH2 4PS G68 9HP Application Level: Contrary to Development Plan: Local Application No

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

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The motorway construction related land upfill maintains the local rolling landscape and allows for an effective agricultural afteruse.

38 W101008641MIN Highway Managomont Construction (WO) Site To West Of Dnrmsack Farm Blacklands Road Auchinloch $~~~g~~~~r&+s-.- Upfilling of Land In Conneetlon with Adjacent .-.IClr-*-.",..._W.X i-;--:sv= - :%',it% Motonnray Works (partly in rotrospoct)

39 Proposed Conditions:-

1. That all deposition of materials shall cease within 1 year from the grant of permission (or such other period as may be agreed in writing by the Planning Authority).

Reason: In order to allow a timeous completion of works and restoration of the site.

2. That the site shall be restored to final contour levels as specified in the approved cross sections (or such other levels as may be approved in writing by the Planning Authority), no later than 6 months after the cessation of the deposit of materials.

Reason: To accord with submitted details and to ensure the timeous restoration of the site.

3. That the operators shall at all times deal with the areas forming the subject of this consent in accordance with the application form, plans as stamped approved, and other supporting information, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development without the prior written consent of the Planning Authority.

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

4. That the materials deposited on the application site shall only be sourced from the associated off line phase of the M80 Stepps to Haggs motorway construction works; or such other scheme as may be agreed in writing by the Planning Authority.

Reason: In order to define the permission and ensure that there is no impact on local roads and communities through the transportation of materials.

5. That vehicular access to and from the site shall solely be from the adjacent motorway construction corridor and shall not involve vehicular movements on the public road network.

Reason: In order to ensure that there is no impact on local roads and communities through the transportation of materials.

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

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

7. That within 3 months of the grant of permission a detailed agricultural restoration scheme shall be submitted to the Planning Authority for approval. That scheme shall include, but not be limited to: (i) a full description of the methodologies, planting, seeding etc to be used in reinstating the land to agricultural use (ii) a timetabled schedule of works.

Reason: To enable the Planning Authority to consider these matters in detail and to ensure satisfactory restoration.

8. The Restoration Plan shall be implemented in accordance with the timetable approved under condition 7 above.

40 Reason: To enable the Planning Authority to consider these matters in detail and to ensure satisfactory restoration.

9. That within three months of the completion of the restoration of the site, any fixed equipment, plant, machinery and buildings shall be removed from the site.

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

10. That within three months of the grant of permission a 5 year aftercare scheme shall be submitted to the Planning Authority for approval; the scheme shall specify such steps as may be necessary to bring the land to a standard suitable for agricultural use and shall include cultivating, fertilising following soil sampling and analysis, watering, draining and otherwise treating the land.

Reason: In the interests of land management and agricultural effectiveness.

1I. That the requirements of condition 10 above shall be carried out in accordance with the agreed timescale and shall be managed to the satisfaction of the Planning Authority in accordance with the agreed prescriptions during the relevant aftercare period.

Reason: In the interests of amenity and agricultural effectiveness .

12 That within 4 weeks of the completion of the infilling operations a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

41 Backaround Paoers:

Representation Letters

Consultation Responses:

Contact Information:

Any person wishing to inspect these documents should contact Mr Martin Dean at 01 236 61 6466

Report Date:

8thOctober 201 0

42 APPLICATION NO. 10/00854/MIN

REPORT

1. Site Description

1.1 The 0.9ha upfill application site at Drumsack, by Auchinloch consists of a pre- development shallow depression on the south side of the new M80 motorway currently under construction. The triangular shaped site has trees on two sides and the under construction motorway on the third side. Upfill is 80% completed.

2. Proposed Development

2.1 The application is mainly retrospective with the upfill having been almost completed to its rolling landscape form.

2.2 The upfill operation is one of a number being carried out adjacent to the line of the motorway works to accommodate excess material. It is stated that the contractors had not appreciated that the site was just outwith the area covered by the motorway line order within which such works can be carried out without requiring planning permission. The current application is to rectify this inadvertent breach of the planning regulations.

3. Applicant’s Supportina Information

3.1 No protected species survey has been requested or submitted as the upfill has been largely completed. The applicants have, however, confirmed that a protected species survey was carried out for the site as part of the overall motorway construction development and no protected species were observed. Drainage information is provided.

4. Site History

4.1 There is no relevant planning history.

5. Development Plan

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

5.2 The site is covered by Green Belt policies (ENV2-8) in the Northern Corridor Local Plan 2005. These policies presume against inappropriate development in rural area.

6 Consultations

6.1 A summary of comments from consultees is as follows: Transport Scotland: No comments received.

7 Representations

7.1 No letters of representation have been received.

43 8 Plannina Assessment

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

8.2 DeveloDment Plan - Northern Corridor Local Plan 2005: The site is within the Green Belt which is covered by policies ENV2-8. The most relevant policy is ENV4 which presumes against new development unless required for agriculture, forestry etc or other uses which can be shown to require to be located in the Green Belt. It is considered that the upfill complies with this policy in that it returns the site to agricultural use and requires to be in this Green Belt location in that it needs to be adjacent to the motorway construction line.

8.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which retains the site as Green Belt (policy NBE 3A). For reasons covered in paragraph 8.2 above it is considered that the upfill complies with this policy.

8.4 Rural Amenity: The upfill has a rolling profile which compliments the local landscape. The site will have an agricultural after use which will relate to the rural area. It is considered, therefore, that that there is no detrimental effect on local rural amenity.

8.5 Consultations: There are no issues.

8.6 Representations: No representations have been received.

9 Conclusions

9.1 The motorway construction related land upfill maintains the local rolling landscape and allows for an effective agricultural afteruse. There is no objection to the development and it is recommended that planning permission be granted.

44 Application No: Proposed Development:

10/00893/FUL Erection of Detached Dwellinghouse Site Address:

Land North Of Junction At Wishaw High Road and Swinstie Road Cleland

Date Registered:

31 st August 201 0

Applicant: Agent: Mr Stuart Chapman J. Kerr McDougall Ltd 106 High Street Unit 27 Newarthill Carfin Industrial Estate Motherwell Motherwell ML1 4UL

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 9 Murdostoun No letters of representation received. Robert McKendrick, James Martin, Nicky Shevlin, John Taggart

Recommendation: Refuse

Reasoned Justification:

The proposed development fails to meet the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the dwelling represents an inappropriate incursion into the Green Belt for which there is no appropriate rural justification.

45 P3 h Produced by PLANNING APPLICATI ON 1 0 100893 I FUL brrh Lanarkshire Counal Planning and kvlronment Ckpattmnt, Erection of Detached Dwellinghouse Dalziel Building,

Land North OfJunction at Wishaw High Road and Swinstie Road, Cleland tel D 18 98 274274 46 Lx 01898 403053 Recommendation: Refuse for the Following Reason:-

1. The proposed development fails to meet the criteria set out in Policies ENV6 (Green Belt), ENV5 (Assessment of Environmental Impact) and HSGI 1 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan 2008 and Policies DSP3 and DSP4 of the Finalised Draft North Lanarkshire Local Plan in that a suitable justification for a dwelling in the green belt has not been provided and the location, design and scale of the house is inappropriate and unacceptable and would have a detrimental impact upon on this prominent site and its Green Belt setting.

Backaround Paoers:

Consultation Responses:

Memo from Transportation received 8'h October 201 0. Memo Protective Services received 28'h September 201 0. Letter from Scottish Water received 17'h September 2010.

Contact Information:

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

Report Date: gthOctober 2010

47 APPLICATION NO. 10/00893/FUL

REPORT

1. Site Description

1.I The site comprises of open land bound to the west by a single storey dwelling, open land to the south, Swinstie Road with open land beyond to the east. Vacant land is situated to the north on which an application for the erection of dog kennels has been submitted. The application site has lain vacant for a number of years and has been left to deteriorate. An area of hardstanding remains on the site along with some stripped out vehicles. The site gradually slopes down from the north of the site to where it meets Swinstie Road.

2. Proposed DeveloDment

2.1 The applicant proposes to erect a two storey detached dwelling and a detached double garage on the site. The proposed dwelling would measure 2.6 metres to the eaves and 8.5 metres to the ridge, with wall head dormers and traditional dormer on the front and rear elevations. Internal accommodation is to consist of two family rooms, kitchen, dining room, a study, a swimming pool and 4 bedrooms on the upper floor. The projection to the rear of the dwelling, accommodating the swimming pool is to be single storey. A detached double garage is proposed in the north western corner of the site. The house is proposed to be finished with concrete interlocking roof tiles, render and block work.

3. Applicant’s Sumortina Information

3.1 No additional information has been submitted in support of the application.

4. Site History

4.1 No relevant history is associated with the application site, however an application is under consideration for the erection of dog kennels, three containers and a mobile home on land to the north west. This site is under the control of the same applicant, but there is no link between the proposals as far as the two planning applications are concerned.

5. Development Plan

5.1 The site is zoned under Policy ENV6 (Green Belt) in the Southern Area Local Plan 2008.

5.2 The site is covered by Policy NBE3A (Green Bellt) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation advised that the access to the house should be taken from the access to serve the adjacent kennels to minimise junctions entering the public road at this location.

6.2 Protective Services have advised that a Site Investigation is required.

6.3 Scottish Water has no objection to the proposed development.

7. Representations

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

48 8. Plannina Assessment

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

DeveloPment Plan:

8.2 The site is covered by Policy ENVG (Green Belt) which presumes against any development that will affect the character and function of the Green Belt, and against development other than that directly associated with an appropriate rural use. The applicant has provided no justification in terms of operational need for this dwelling at this particular location, and, in turn, the application is therefore contrary to the provisions of Policy ENV 6.

8.3 Policy HSG 11 indicates that new houses will only be permitted where there is a proven operational need in accordance with Policy ENV 6. In addition the Council must assess the visual prominence of the site, the compatibility of the site to a rural location and the incorporation of traditional design features and finishing materials. As noted in Paragraph 8.2 above, no operational need exists and the application fails to meet the criteria of Policy HSG11. Furthermore, the overall scale and mass of the proposed dwelling is such that it would represent an incongruous intrusion into this Green Belt area. Matters relating to transportation are discussed at paragraph 8.4 below. It is therefore considered that the application fails to satisfy the criteria of Policy HSGll.

8.4 In assessing the transportation impacts of a development, Policy TR13 applies. In this case, the amended access could be accommodated within the adjacent site as both sites are owned by the same applicant. This could be covered by planning conditions in the event that the application were approved. The parking arrangements are considered acceptable and Transportation has raised no concerns. As such the proposal conforms to the requirements of this local plan policy.

Finalised Draft North Lanarkshire Local Plan

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

Consultations:

8.6 With regard to the responses received from Protective Services and Scottish Water, suitable planning conditions can be imposed to address the matters raised.

9. Conclusions

9.1 In conclusion, no acceptable Green Belt justification has been provided and the proposed house would be an unacceptable development at this prominent location by virtue of its design, positioning and scale. The proposal would therefore adversely impact upon the character and amenity of the surrounding Green Belt location. It therefore does not comply with the criteria contained within Policies ENVG and HSG11 of the Southern Area Local Plan 2008. In this instance there are no other material considerations to support the application and as such it is recommended that planning permission be refused.

49 9.2 It should be noted a request for a site visit and hearing has been received from the applicant, however no reasons for this request have been given.

50 Application No: Proposed Development:

10/00943/FUL a) Construction of Waste Processing Building b) Reorganisation of Internal Site Arrangements including New Weighbridge and Weighbridge Office c) Formation of Storage Areas for Recoverable Materials and d) Environmental Improvements

Site Address:

Viridor Waste Management Langmuir Way Bargeddie North Lanarkshire G69 7RW

Date Registered:

1st September 201 0

Applicant: Agent: Viridor Waste Management Limited Angus Design Associates Ltd Langmuir Way The Building Design Centre Bargeddie Glasgow 125 Muir Street G69 7RW Hamilton ML3 6BJ

Application Level : Contrary to Development Plan: Local Application No

Ward: Representations: 009 Coatbridge West No letter(s) of representation received. James Smith, Thomas Maginnis, Paul Welsh,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposals allow for improvements to the management and processing of waste streams brought to the site for recycling purposes and also includes environmental benefits which would reduce the visual impacts of the site and reduce operational noise and dust emissions. There would be no increase in traffic generation as a result of the proposals and no detrimental impact on the surrounding transport network. The proposals also address issues previously raised via the operator’s involvement with the local community liaison group.

51 N1101009431FUL Viridor Wste Management Langmuir Way Bargeddie a) Construdion ofwaste Processing Building bl Reorganisation of Internal Site Arrangements including New Wighbridge and Weighbridge Offwe z*z&.r-L -111 *. -...CL.*-Y.i--hT kr:>zzw- c) Formation of Storage Areas for Reoover&le Materials and

".C.D."LL+~~~~&<%? k%g%*I....-. d) EnMmn-td Improvements *. IIYLr...I ..,a.- +-

52 Proposed Conditions:-

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

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

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

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

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

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

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

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

5. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority the surface water drainage scheme hereby approved shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

6. That the SUDS compliant surface water drainage scheme certified under the terms of condition 5 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant SEPA guidance and the approved plans.

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

7. That BEFORE the development hereby permitted starts, a scheme of landscaping incorporating biodiversity enhancement measures and native tree planting shall be submitted to, and approved in writing by the Planning Authority and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, wild grass seeding and turfing; (b) a scheme of native 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

53 retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. (e) a management and maintenance scheme for these works

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

That all works included in the scheme of landscaping and native tree planting, approved under the terms of condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the site, to mitigate adverse effects on views of the development from outlying residential areas and to benefit local biodiversity.

That all external operations on the site, for which planning permission is hereby granted, shall take place only between the hours:

Monday to Friday: 0800 hours and 1800 hours; Saturday: 0800 hours to 1200 hours. No external operations shall take place on a Sunday, or public holiday.

That operations within the existing MRF building, shall take place between the following extended working hours:

Monday to Friday: 24 Hours; Saturday: 07:OO hours to 17:OO hours and on Sunday & Public Holidays: 08:OO hours to 17:OO hours

Reason: In the interests of ensuring that the development can take place without adverse noise impacts and to accord with the terms of previous planning permissions 03/01OO9/REM and 10/00602/FUL.

That except in the case of any emergency, all external doors, including roller shutter access doors, of the MRF building shall be kept closed during the extended working hours noted in condition 9.

Reason: To ensure operations within the building do not have an impact on residential amenity.

That the noise generated by the operations hereby approved shall not in itself, or cumulatively along with the operations from the existing yard, exceed 5dB above the relevant background level for the time of day at the boundary of any residential property when it is assumed that there are no tonal or impulsive characteristics in accordance with BS4142 "Method of Rating Industrial Noise Affecting Mixed Residential and Industrial Areas"

Reason: In the interests of ensuring that the development can take place without adverse noise impacts

That any noise created from the site itself, or cumulatively along with the operations from the existing yard, that is tonal, intermittent or impulsive shall not exceed a level of 7dB above the relevant background level for the time of day at the boundary of any residential property in accordance with BS4142 "Method of Rating Industrial Noise Affecting Mixed Residential and Industrial Areas"

Reason: In the interests of ensuring that the development can take place without

54 adverse noise impacts

13. That BEFORE the development hereby starts, unless otherwise agreed in writing by the Planning Authority, the foul drainage and contaminated surface water discharge from the site shall connect to the existing public sewer to the satisfaction of Scottish Water.

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

Backaround Papers:

Representation Letters

None received

Consultation Responses:

Traffic & Transportation (Northern Area) received 30thSeptember 2010 Environmental Health (including Pollution Control) received 21 st September 201 0 Scottish Environment Protection Agency received 7'h October 201 0 Scottish Water received 20thSeptember 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 61 6459

Report Date:

7'h October 201 0

55 APPLICATION NO. 10/00943/FUL

REPORT

1. Site Description

1 .I The proposals relate to the operational requirements of Viridor’s existing waste management depot located off Langmuir Way, Bargeddie. The site area extends to some 2.01 hectares and is bounded to the north by a concrete works and roads repair/maintenance depot and to the south by a mature woodland valley which falls to the Luggie Burn. Bargeddie village is about 200m to the west and to the immediate east of the site there is a separate but associated material recovery facility (MRF) building operated by the applicant.

2. Proposed Development

2.1 Planning permission is being sought for the construction of a new single stream waste processing building and the reorganisation of internal site operational requirements including the repositioning of a new weighbridge and weighbridge office and associated internal roadways including new vehicular access formed off Langmuir Way. The formation of external waste storage areas for recoverable materials is also proposed. These include storage areas with movable push walls for glass, bulk waste, waste electrical/electronic equipment (WEEE), medium density fibreboard (MDF), wood, metal, landfill materials and aggregates. The latter material would eventually be phased out by the site operator. Environmental proposals would include the provision of a new timber acoustic barrier, additional boundary screening and landscaping along the southern boundary of the existing waste management site.

2.2 Some existing waste treatment buildings/container storage facilities would be removed including a woodchip plant that is currently located at the south east corner of the site. A replacement special waste storage area would be formed within an existing MRF building.

2.3 The proposals also include the provision of a SUDS drainage system along the southern boundary of the site. This would comprise a linear drainage system including swale and soak-a-way.

2.4 The proposed single stream waste management building would be approximately 14m in height, industrial in design and would clad in profiled metal sheeting with shallow pitched roofs. The weighbridge office would consist of a modular flat roofed building. All buildings would be finished in light gray finish.

2.5 The waste management facility hours of operation would not vary from those already approved under terms of previous planning permissions 03/01OOS/REM and 10/00602/FUL. The latter permission allows 24 hour site operations within an existing MRF building from Mondays to Fridays.

3. Applicant’s Sumortincl Information

3.1 Along with the submitted application form and plans the applicants have included a Community Engagement Statement (CES) which provides details of ongoing focal community liaison group meetings which enables local residents to be provided with periodic updates of the operator’s proposals and site activities.

3.2 The CES advises that Viridor has engaged with local residents, elected members and stakeholders in informing site enhancements and environmental improvements and have worked with local residents groups regarding ongoing process and infrastructure improvements at the site. The current proposals were presented at a previous liaison group meeting and local residents agreed with the view that the proposals offered significant benefits in relation to investment in recycling led site enhancements and

56 further environmental improvements at the site. The submitted planning application has the support of the local residents in the area surrounding the facility.

3.2 A Noise Impact Assessment was also provided in support of the application.

4. Site History

4.1 This site was initially in use as a scrap metal yard and has subsequently been extended and developed as a modern waste transfer and recycling depot including provisions for waste recycling buildings, waste storage areas and ancillary office and weighbridge facilities. Improvements to the site access and other infrastructure needs have also been implemented to assist in the management of the facility. Recently planning permission was granted to allow a 24 hour operation within an existing Material Re-cycling Facility Building from Monday to Friday only. Excepting this, site operations (out-with this building) are restricted to 0800 hours and 1800 hours (Monday to Friday inclusive), and to 0800 hours to 1200 hours( Saturday), with no operations taking place on a Sunday, or public holiday under the terms of an earlier permission (03/01OO9/REM).

5. Development Plan

5.1 The site falls within an area covered by policy ECON 2 (Existing General Industrial Areas). The proposals are not considered to be of strategic significance.

6. Consultations

6.1 Scottish Water had no objections subject to conditions requiring SUDS (Sustainable Drainage Systems) Manual (C697) published by CIRIA.

6.2 Protective Services had no objections subject to the proposals meeting the requirements of current regulatory requirements of the Environmental Protection Act 1990 (as amended). These regulations set out to control environmental impacts in terms of noise and dust emissions during construction and operational activities and are separate from planning legislation. Protective Services considered that the proposed re-organisation of the existing waste management operations would result in likely reduction in overall noise emissions from the site as concluded in the Noise Impact Assessment.

6.3 Traffic and Transportation had no objections.

6.4 SEPA objected to the proposals unless foul and contaminated surface water from the site was connected to the public sewer. They also object unless a planning condition is attached to any consent requiring the discharge of clean and uncontaminated surface water (ie surface water from roofs and areas of the site not subject to waste management activities) to the water environment to be in accordance with the principles of SUDS.

7 Representations

7.1 There were no representations.

8 Plannina Assessment

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

8.2 DeveloDment Plan: Monklands District Local Plan 1991: Policy ECON2 (Existing General Industrial Areas) supports the retention of the predominantly industrial character of such areas. The proposals are considered to accord with this policy.

57 8.3 Other Material Considerations- Finalised Draft North Lanarkshire Local Plan: EDI 1A (Existing Industrial and Business Areas) where the Council seek to support the continued industrial and business character of such areas in accordance with EDI 1A criteria. It is considered the proposals are in accordance with this policy and with draft Supplementary Planning Guidance (SPG) on Waste Development. It is noted the developer included a Community Engagement Statement (CES) as required by this SPG and this was considered acceptable as it confirmed that local residents were generally supportive of the proposals following pre-application meetings with the site operators. The proposed additional environmental improvements were included as these were requested by community groups at the liaison meetings with the stakeholders as noted in the CES.

8.4 Site Layout- It is considered that the proposed new building works, re-arrangement of external storage areas for recycling materials are acceptable and other works are acceptable. It is agreed the proposals would allow the operator to improve the existing waste management arrangements at the site and allow for the segregation of the various waste streams brought to the facility. The proposed new access, internal road works and relocation of weighbridge and office are also acceptable. The proposed building scale, positioning and external finishing is acceptable. There would be no additional net increases in the amount of waste handled at the site and as such operational traffic levels would remain as existing and as such would have a neutral impact on the surrounding road network. Operational hours would remain unchanged from those previously approved as noted in paragraph 4.1 above. The proposed environmental improvements (removal of concrete wall and erection of timber acoustic barrier) along the southern boundary of the site are also acceptable. It is agreed the proposals would result in a slight reduction in visual impact, reduction in dust and noise emissions, and allow for improvements to existing site drainage arrangements.

8.5 Consultations - As noted above there were no objections from Scottish Water, Protective Services or Traffic and Transportation. SEPAs objection in respect of drainage issues can be addressed by planning conditions as there is an existing foul water drain at the locus and the operator also proposes a separate SUDS scheme which would also be covered by a condition. There were no representations. (The Community Engagement Statement advises that local residents were in support of the planning application).

8 Conclusions

9.1 The proposals accord with the terms of the development plan and there are no material considerations that would suggest the proposals are not acceptable. There were no objections from Scottish Water, Protective Services or Traffic and Transportation subject to conditions. SEPA's objection could be covered by a planning condition requiring all foul and contaminated surface water run off be directed to an existing public sewer. A SUDS scheme is also proposed as required by both SEPA and Scottish Water and its provision could also be covered by a planning condition. There were no representations. Following an assessment of the submitted information it can be concluded there would be no detrimental impact on amenity of the site or surrounding area. The proposals are therefore considered acceptable and would result in an improvement in the management of this waste recycling depot with benefits in reducing its impact on amenity. It is therefore recommended that planning permission be granted subject to conditions.

58 Application No: Proposed Development:

10/00982/FUL Construction of Two Storey Detached Dwellinghouse Site Address:

Land At Former Carisbrooke Day Centre 6 Commonhead Avenue Thrashbush Airdrie North Lanarkshire

Date Registered:

2nd September 201 0

Applicant: Agent: Mr Tom Pedlar AI Architectural Design Ltd 43 Chapelside Avenue 5 Cherrybank Walk Airdrie Airdrie North Lanarkshire North Lanarkshire ML6 6PS ML6 OHZ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 7 Airdrie North No letters of representation received. Cllrs Cameron, S Coyle, McGuigan and Morgan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The dwellinghouse would accord with the relevant residential policies and relevant design criteria within the Adopted Monklands District Local Plan 1991. The design, scale and siting of the dwelling is considered acceptable and the building would integrate adequately into the street. The dwelling also would not harm the visual or residential amenity of the street or surrounding area.

59

Proposed Conditions-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- L(2-)001,L(2-)002, L(2-)003, L(2-)004 and L(2-)005

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

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

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

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

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

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

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

6. That before the dwellinghouse hereby permitted is occupied 3 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

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

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

8. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standards BS 5837 shall be erected along the drip line of all trees within the site and no trees within the site shall be removed without written approval of the Planning Authority.

Reason: To protect the visual and residential amenity of the area.

61 Backaround Papers:

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr William Shand at 01 236 81 2231

Report Date:

5 October 201 0

62 APPLICATION NO. 10/00982/FUL

REPORT

1. Site Description

1.I Planning permission is sought for the construction of a two storey detached dwellinghouse at the former Carisbrooke Day Centre, 6 Commonhead Avenue, Airdrie. The site once contained the former Carisbrooke House which has since been demolished and the site is now vacant and overgrown. The plot is generally level and is located within a predominantly residential area but is also bound by Airdrie Academy to the east. The plot is currently owned and being marketed by the council. Access is taken from the end of Commonhead Avenue via an un-surfaced private road. The surrounding properties vary in heights, styles and use of materials and there is no consistent plot size.

2. Proposed Development

2.1 A single two storey dwellinghouse has been proposed which would be sited towards the front of the plot. The dwelling would have a footprint of approximately 170 square metres and would contain a living area, dining room and kitchen on the ground floor and 4 bedrooms and a study on the first floor. A double integral garage would also be incorporated into the ground floor of the property. Access to the site would be taken by a double driveway situated at the front of the garage. The property would be finished in white render with sandstone coloured keystones, grey concrete roofing tiles and would have white upvc doors and window frames. There are a significant number of mature trees along the boundary of the site.

3. Site Historv

3.1 There is no recent planning history for this site.

4. Development Plan

4. I The application raises no strategic issues and can therefore be assessed in terms of the Adopted Monklands District Local Plan 1991,

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

5. Consultations

5.1 No consultations were undertaken as part of this application.

6. Representations

6.1 No letters of representation were received for this application.

7. Planninu Assessment

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

7.2 DeveloDment Plan: Adopfed Monklands District Local Plan 7997: The plot is situated in an area designated as Policy HG9 (Housing Policy within the Existing Residential Area). In these areas there is a presumption against developments which would adversely affect the residential amenity of the area or developments which do not conform to the relevant design guidance which in this case is that on ‘Infill Housing’. It is considered that should the development accord with this design guidance then it

63 would be unlikely to cause any significant harm to the residential amenity of the area. Detailed consideration of the design guidance is under taken later in the report but in short it is considered that the proposed dwelling would meet the stipulated requirements of the design guidance and therefore would accord with Policy HG9 (Housing Policy within the Existing Residential Area) of the Adopted Monklands District Local Plan 1991.

7.3 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration however the policy position for this site remains unaltered from the current Local Plan.

7.4 Monklands District Design Guidance - lnfill Housing: This design guidance is a material consideration for the determination of this application. This document states that in general a dwelling should have its own vehicular access with no more than two houses having access from a private driveway or road. The property would take access from a private road which potentially serves other dwellings however this is considered acceptable in this instance as the proposal does not involve the intensification of an existing access. Previously a large residential building was sited within this plot which at one point was used as a care home. This private access is therefore already established and the proposal would lead to a reduction in demand compared to the previous land uses on the site. In addition to this the applicant has provided 4 usable car parking spaces which is more than adequate for a dwelling of this size and therefore would reduce any potential conflicts in terms of on street parking and the private access. The design guidance also states that an infill development should retain existing building lines. By setting the dwelling off the front of the plot by approximately 9 metres the building line with the nearest property to the west has been retained. The plot size of the site should also be of sufficient size to provide adequate amenity space and to be consistent with surrounding properties. This property would have sufficient amenity space at the front, sides and rear of the building that would easily meet the requirements of the council’s open space standards. This plot however is considerably larger than the neighbouring plots. This is considered acceptable however given that this was formerly a single house plot before the demolition of the former Carisbrooke Day Centre and therefore this demolition would be consistent with previous development on the plot. The design guidance also states that any development should not result in the loss of landscape features. The boundary treatment on the site currently consists of a palisade fence between the school and the site and a wall and timber fence between both the site and the existing dwelling to the west. Interspersed along the boundary are mature trees with there being a considerable number along the boundary with the school. It is considered that the retention of these trees is important for the residential amenity of the area and therefore a condition should be attached ensuring their protection. A condition will also be attached to consider the siting and design of any alternative boundary treatment that might be proposed.

7.5 Residential amenity : The scale, design and siting of the proposed dwellinghouse is considered acceptable and the dwelling would integrate well with the surrounding properties given that there is no consistency in design, scale or use of materials on the street. Due to the siting of the property there would be no significant overshadowing issues created by this development on the neighbouring properties. Although windows have been proposed on the gable elevations of the dwelling these would be openings for two en-suites and a utility space and therefore would not cause any privacy concerns for neighbouring properties. The distance between the dwelling and neighbouring properties to the rear of the plot are also sufficient so as to not create any privacy issues for these neighbouring properties.

8. Conclusions

8.1 Having regard to the forgoing, it is considered that the proposed dwelling would accord with policy HG9 (Housing Policy within Existing Residential Areas) within the Adopted Monklands District Local Plan 1991. The scale, design and siting of the

64 dwelling and plot is considered acceptable and the property would integrate well within the existing residential street. The property would not cause any significant harm to the residential amenity of the area in terms of loss of privacy, sunlight/ daylight or parking. Following the standard neighbour notification procedure no letters of objection were received and therefore it is recommended that the application is approved subject to the attached conditions.

65 Application No: Proposed Development:

10/00985/FUL Siting of a Temporary Sales Cabin with Associated Access Road and Parking

Site Address:

Land West Of Bo'ness Road Holytown

Date Registered:

14th September 201 0

Applicant: Agent: Persimmon Homes West Scotland N/A 180 Fildochty Street Garthamlock Glasgow G33 5EP

Application Level: Contrary to Development Plan: Local Application Yes

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

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the temporary building can be accommodated within the site without detriment to the amenity of the surrounding residential and commercial area.

66 Pmduced by bbrh bnarkrhirc Council Planringand Rdrcnment DeDanmnt.

@I01898 2742747 Ox 01098 403053

67 Proposed Conditions:-

1. That the permission hereby granted shall be valid for a period of 1 year from the date of this permission and on or before the expiration of this period, the temporary sales cabin shall be removed and any works for reinstatement of the site, including landscaping, shall be carried out.

Reason: To enable the Planning Authority to retain effective control since the building is of a temporary nature.

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

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

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

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

4. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number B.R.H/S.C-01 Rev A, Sales/cbn001 and Sales/cbn002.

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

5. That BEFORE the development hereby permitted starts, details of the proposed surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.

6. 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 the material approved under terms of Condition 5 above and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas until the expiry of this permission.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.

7. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837:2005 shall be erected along the drip line of the tree, and confirmation in writing shall be provided to this effect to the Planning Authority. These measures shall not be removed without the approval in writing of the Planning Authority.

Reason: In order to protect the adjacent mature trees. 8. That no excavations or trenches, for the laying of services or for any other purpose, shall be dug within the area of ground which lies below the canopy of any of the trees which are, partly or wholly, within site.

Reason: In order to protect the adjacent mature trees.

68 9. 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. Thereafter all fences and walls shall be erected in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects in detail and in order to protect the visual amenity of the area.

10. Notwithstanding the terms of Condition 4 and before the development hereby permitted starts, full details of the existing ground and proposed site levels shall be submitted to and approved in writing by the Planning Authority and thereafter all works shall be completed in accordance with the details approved under the terms of this condition.

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

11. That before the development hereby permitted is brought into use, a 5.5 metre wide dropped kerb access arrangement shall be provided from O’Wood Avenue as shown on approved drawing number B.R.H/S.C-01 Rev A and on or before the expiration of the planning permission hereby granted, the dropped kerb shall be removed and the footway reinstated to its original condition, to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

12. Notwithstanding the requirements of Conditions 18 above, a visibility splay of 2.5 metres by 60 metres, measured from the road channel, and 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: In the interests of traffic and pedestrian safety.

69 Backaround Papers:

Consultation Responses:

Memo from Transportation received on Is' October 2010

Contact Information:

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

Report Date:

6'h October 201 0

70 APPLICATION NO. 10/00985/FUL

REPORT

1. Site DescriDtion

1 .I The application site comprises of open grassland at land to the west of Bo’ness Road, Holytown. The site measures 436 square metres and is bounded by residential dwellings to the west, a commercial unit to the south and open grassland and a group of semi-mature and mature trees to the north and east. The site is undulating in a south west to north east direction with the majority of the site approximately 0.7 metres above the ground level of the adjacent footpath on O’Wood Avenue. There is currently no vehicular access to the site.

2. ProDosed DeveloDment

2.1 The applicant seeks planning permission for the siting of a temporary sales cabin with associated car parking and access road. The applicant proposes to locate the sales cabin for a temporary period only in order to facilitate sales for the adjacent residential development at Edinburgh Road (Ref. 08/00638/MSC) which was approved on gth June 2010. The applicant cannot locate the temporary sales cabin within the adjacent site due to its physical constraints and lack of a suitable access point onto Edinburgh Road. The proposed sales cabin will be white in colour and measure 26 square metres. Access to the site will be via a new access from O’Wood Avenue with provision for 8 car parking spaces. The applicant has confirmed that they will reinstate the site to its former condition, once the temporary period has lapsed.

3. Amlicant’s Sumortinu Information

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

4. Site History

4. I The applicant has submitted an advertisement application Ref. 10/01041/ADV for signage associated with the sales cabin which is currently still under consideration.

5. DeveloDment Plan

5.1 The site is zoned as Policy ENVI 1 (Protected Urban Woodland) in the Southern Area Local Plan 2008.

5.2 The site is covered by Policy HCFIA (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation has no objections to the proposed development subject to conditions.

7. Representations

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

8.

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned under Policy ENVI 1 (Protected Urban Woodland) in the Southern Area Local Plan. Policies

71 ENV 5 (Assessment of Environmental Impact) and TR13 (Assessing the Transport Implications of Development) are also relevant to this application.

DeveloDment Plan:

8.2 Policy ENV11 seeks to protect and enhance areas of urban woodland by resisting development proposals which could adversely affect them, encouraging the sustainable management of the woodland in accordance with a Woodland Management Plan, and ensuring that these areas, where appropriate, are made available for recreational and educational use by the public. The application site is located to the west of a group of semi-mature and mature trees, and also to the south by a separate, wider band of mature trees. The applicant has submitted a site layout which shows the proposed sales cabin, access road and parking area which will not result in the removal of any trees. As no trees will be affected by this development, it is considered that the proposal complies with Policy ENV11.

8.3 Policy ENV5 states that the Council will assess the suitability of a proposal to the character of the area, its landscape and visual impact and the impact on biodiversity. The proposed development will be located on the existing undulating grassland; however it will be partially hidden from view from Bo’ness Road. While some minor engineering works will be required in order to provide a level site for the parking area, a planning condition is recommended to ensure the site is reinstated to its original condition. The applicant has advised that the proposed development is of a temporary nature and will be removed once a show home has been constructed at the adjacent residential development site at Edinburgh Road. As such, the proposal accords with Policy ENV5.

8.4 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation has no objections subject to conditions relating to access and parking. These matters can be addressed by way of suitable planning conditions. Taking account of the above, the proposal therefore complies with Policy TR13.

Other Material Considerations:

8.5 The Finalised Draft North Lanarkshire Local Plan (FDNLLP) is a material consideration in the assessment of this application and zones the area as HCFIA Protecting Residential Areas and Community Facilities. This policy supports the proposed development at this location subject to no adverse impacts on the surrounding residential and commercial properties. Given the temporary nature of the sales cabin, it is considered that there will be no significant adverse impact on the adjacent residential properties to the west and commercial building to the south. As detailed in paragraph 8.4 above, there will be no adverse impacts on traffic safety. It is therefore considered the proposal complies with emerging local plan policy.

9. Conclusions

9.1 In conclusion, it is considered that the proposed sales cabin and associated works are acceptable from a planning viewpoint and that the proposal is an acceptable departure from Policy ENVI 1 of the Southern Area Local Plan 2008. For the reasons stated above, it is therefore recommended that temporary planning permission be granted for a period of 1 year subject to conditions.

72 Application No: Proposed Development:

10/0 103 I/AM D Amendment to Approved Residential Layout and Dwellinghouse Types (Part Site, Plots 1-47) (Incorporating Increase in Dwellinghouse Numbers) Site Address:

Former Barrwood Quarry Stirling Road

Date Registered:

13th September 2010

Applicant: Agent: Dawn Group Ltd Hypostyle Architects 220 West George Street 49 St Vincent Crescent Glasgow Glasgow G2 2PQ G3 8NG

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth 0 letter(s) of representation received. Mark Griffin, Jean Jones, David Key,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed amended residential layout and dwellinghouse types are acceptable in their own rights and in relation to neighbouring development.

73 N1101010311A MD Dawn Group Ltd Former Banwood Quarry Stirling Road Kilsyth Amendment to Approved Residential Layout and $~~~~>~~E&+;*- Ewellinghouse Types (Part Site, Plots 147) -L.-LI"-C*-.II.I__.X w ".CL.-.-d *.IY..l.. - :\;At% (lncorporating Increase in DwellinghouseNum bors) +-

74 Proposed Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- AL(0)OOl (P), AL(0)002, Annan House Type, Avon House Type, Dochart House Type, Doon House Type, Earn House Type, Ettive House Type, Ettrick House Type, Leven House Type and Teviot House Type.

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

3. That no aspect of the full development shall start, unless otherwise agreed in writing by the Planning Authority, until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage scheme for the site.

Reason: To ensure that there is satisfactory drainage provision.

4. That before any aspect of the full development starts, full details of existing and proposed levels, including levels on immediately adjacent land, shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that levels are appropriate for the site and for the general area.

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

Reason: In the interests of amenity by ensuring that external materials are appropriate for the site and for the general area.

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

Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and for the general area.

7. That before any aspect of the full development starts, full details of the maintenance of the areas of fencing prohibiting public access to the upper level wildlifehature area within the full development site shall be submitted to, and approved in writing by the Planning Authority; such fencing shall thereafter be maintained to the satisfaction of the Planning Authority.

Reason: In the interests of public safety by ensuring that there is no unauthorised access to the cliff top area.

8. That before any aspect of the full development starts, a scheme of landscaping for the full development area, including lochan proposals, shall be submitted to, and approved in writing by the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding, turfing and footpath link provision;

75 (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) nature conservation habitat creation; (e) details of the phasing of these works.

Reason: In the interests of the amenity by ensuring that landscaping is suitable for the site and the general area.

9. That within one year of the occupation of the last dwellinghouse within the full development site (or such other timescale as is approved under condition 8), 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 full development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the amenity by ensuring that landscaping is suitable for the site and the general area.

10. That before any aspect of the full development starts, a scheme, for the provision of the equipped play areas within the full development site shall be submitted to, and approved in writing by the Planning Authority and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play areas; (b) details of the surface treatment of the play areas, including the location and type of safety surfaces to be installed; (c) details of the fences to be erected around the play area, (d) details of the phasing of these works.

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

11. That before any aspect of the full development starts, a scheme, for the provision of public amenity areas and nature conservation areas within the full development site shall be submitted to, and approved in writing by the Planning Authority and this shall include:- (a) details of a public amenity area to the north of the lochan and a non accessed nature conservation area to the south of the lochan; (b) details of fences to be erected around the non accessed areas, (c) details of the phasing of these works.

Reason: In the interests of public amenity and nature conservation.

12. That before occupation of the 5th last dwellinghouse within the full development site, all the works required for the provision of the equipped play areas, public amenity area(s) and nature conservation area(s) approved under the terms of conditions 10 and 11 above shall be completed and the sites shall thereafter be maintained in accordance with details approved under terms of Condition 15 below.

Reason: In the interests of residential amenity, public amenity and nature conservation.

13. That before any aspect of the full development starts, details of the design and construction of the proposed new recreational footpaths and indicated public right of way access on the full development site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of public access.

76 14. That before occupation of the 5th last dwellinghouse within the full development site all the works required for the provision of the recreational footpaths and public right of way approved under the terms of condition 13 above shall be completed; the recreational footpaths and indicated public right of way shall thereafter be kept open and maintained in their approved condition.

Reason: In the interests of public access by ensuring that recreational footpath routes through the site are maintained.

15. That before any aspect of the full development starts, a management and maintenance scheme for landscaped areas, the lochan, quarry faces, link footpaths, play areas, public amenity areas and nature conservation areas within the full development area shall be submitted to, and approved in writing by the Planning Authority and this scheme shall be brought into operation prior to the first dwellinghouse within the full development area being occupied.

Reason: In the interests of residential amenity, public amenity and nature conservation.

16. That no dwellinghouse within the full development site shall be occupied until the required traffic lights at the access junction with Stirling Road are installed and operational, or such other timescale as may be approved in writing by the Planning Authority.

Reason: In the interests of road safety by ensuring that the access junction operates at the required standard.

17. That before any aspect of the full development starts, full details of the proposed surface and foul water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

18. That the SUDS compliant surface water drainage scheme approved in terms of Condition 17 shall be implemented contemporaneously with the full development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

19. That before any aspect of the full development starts plans and written information confirming that the proposed development conforms to the recommendations of the Flood Risk Assessment approved under permission 07/0204O/FUL (or such other scheme as may be approved in writing by the Planning Authority) shall be submitted to, and approved in writing by the Planning Authority; the details shall include pipe soffit level and box culvert dimensions and shall include any measures that have not been covered by the Flood Risk Assessment, including embankment alterations and compensatory flood attenuation, with confirmation that such measures will have no worse than a neutral effect on flood risk.

Reason: To ensure that there is satisfactory drainage provision and that there will be no increased flood risk.

20. That before any aspect of the full development starts overflow routing for a 1 in 100 year storm event shall be submitted to and approved in writing by the Planning Authority.

77 Reason: To ensure that there is satisfactory drainage provision and that there will be no increased flood risk.

21. That before any aspect of the full development starts, details of public access across the site during construction shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interests of public access.

22. That before any aspect of the full development starts a Construction Environmental Management Plan shall be submitted to and approved in writing by the Planning Authority: the Plan shall include measures to suppress noise, vibration and dust; measures to safeguard against pollution of the Ebroch Burn; and measures to safeguard against mud on the road.

Reason: In the interests of public health, safety and wellbeing, and road safety.

23. That before any aspect of the full development starts full details and programme of blasting shall be submitted to and approved in writing by the Planning Authority.

Reason: To allow monitoring of blasting.

24. That all blasting shall be restricted to those hours approved by the Planning Authority in writing, following assessment of the details submitted in compliance with condition 23 above.

Reason: In the interest of residential amenity.

25. That before any aspect of the full development starts details of the treatment of waste from blasting shall be submitted to and approved in writing by the Planning Authority; for the avoidance of doubt this should include the location, height and shape of waste.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interest of residential amenity.

26. That before any aspect of the full development starts full details of the proposed location of the site compound and all storage areas associated with the development shall be submitted to and approved in writing by the Planning Authority; thereafter the site compound and storage areas shall comply with the approved scheme or such other scheme as may be agreed in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail; in the interest of residential amenity.

27. That no aspect of the full development shall start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

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

28. That within 4 weeks of the last dwellinghouse of the full development being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

78 Backaround Papers:

Representation Letters

None

Consultation Responses:

Contact Information:

Any person wishing to inspect these documents should contact Mr Martin Dean at 01 236 6 16466

Report Date:

7'h October 2010

79 APPLICATION NO. 10/01031/AMD

REPORT

1. Site Description

1.I The application is for an amendment to part of the layout (plots 1-47 under new numbering) (1.86ha) and to dwellinghouse types at the approved residential development within the grounds of the redundant Barrwood Quarry at Stirling Road, Kilsyth.

1.2 The full Barrwood Quarry residential site is approximately 8.7ha in area and lies to the south of Stirling Road.

2. Proposed Development

2.1 The amended proposal is to construct 47 two and three storey dwellinghouses in an area in which 39 dwellinghouses were previously approved in March 2010 under permission 07/0204O/FUL. The layout is largely the same although an additional landscaped area is proposed in a difficult part of the site where it has been determined that due to level differences house building is not cost effective.

2.2 The current amended proposal is for 23 detached dwellinghouses, 24 semi-detached dwellinghouses and a landscaped area in an area previously approved for 39 detached dwellinghouses. Some dwellinghouses are split level to allow a close relationship with sloping parts of the site.

3. Site Historv

3.1 Relevant planning history is as follows; 0 Residential planning permission was originally approved in September 1998 (N/98/00759/FUL) for the erection of 190 dwellinghouses on the Barrwood Quarry site. Earth works commenced under this permission but have since halted. 0 In September 2000 an application was granted (N/OO/O1058/AMD) for the alteration of house types and a change to the road layout and land formation. 0 A further application was granted in September 2005 (N/05/00728/FUL) for a more conservative residential development comprising 131 dwellinghouses. 0 Planning permission (N/07/02040/FUL) was granted for 1 10 dwellinghouses in March 2010.

4. Development Plan

4.1 The application raises no strategic issues as the site is in an urban location and already has residential planning permission. It can therefore be assessed against Local Plan policies.

4.2 In the Kilsyth Local Plan 1999 the site is covered by policy HG1 - Sites for New Housing.

5. Consultations

5.1 At the time of writing no consultation comments had been received.

6. Representations

6.1 Following the standard neighbour notification process no letters of representation have been received.

80 7. Plannina Assessment

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

7.2 Develoment Plan - Kilsyth Local Plan 7999: This plan identifies the site as lying within an area zoned for new housing development (Policy HGI - Sites for New Housing). The proposed residential development accords with the local plan.

7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan (FDNLLP): The site lies within an area covered by Policy HCF2 AI -New Housing Development. The development, therefore, accords with the FDNLLP.

7.4 Planning History The principle of residential development on the site has been established by the granting of previous planning permissions (N/98/00759/FUL, N/OO/OI 058/AMD, N/05/00728/FUL and N/07/02040/FUL). There are, therefore, no issues with regards the basic concept of housing on the site.

7.5 Layout and Dwellinghouse Designs: It is not considered that the increased density for most of the application site creates any problems. The introduction of semi- detached dwellinghouses provides some welcome variety to the house types within the development. The higher density is balanced by the additional landscaped area. There is no change to the road layout, although the reorientation of the dwellinghouses on plots 46 and 47 provides a more welcoming entrance into the residential development. There are no objections to the dwellinghouse designs which are based on the current applicant’s portfolio of house types.

7.6 Consultations: At the time of writing no consultation comments had been received.

7.7 Representations: No representations have been received.

8. Conclusions

8.1 There are no objections to the principle of residential development with such development having existing planning permission and being in accordance with the development plan. The amended proposals are acceptable in their own right and in relation to adjacent properties, both existing and proposed.

8.2 Taking account of the above it is recommended that planning permission be granted for an amendment to the plot 1-47 section of the Barrwood Quarry residential development.

81 Application No: Proposed Development:

10/01042/FUL Construction of 24 Industrial Units Comprising Two Buildings, Associated Roads & Car Parking

Site Address:

Former 16 Netherdale Road Netherton Industrial Estate Wishaw

Date Registered:

14th September 201 0

Applicant: Agent: North Lanarkshire Council Colin Thompson Fleming House Davis Langdon 2 Tryst Road 7th Floor, Aurora Cum bernauld 120 Bothwell Street G67 1 JW Glasgow G2 7JS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw No letters of representation received. Clare Adamson, Samuel Love, Frank McKay, John Pentland,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan and can be accommodated within the site without detriment to the surrounding industrial premises.

82 TLkmqk tzprodradtom Produced by Odiam siueymar~i PLANNING APPLICATION 10 I01 042 I FUL brh Lanarkshire Council Wm fiepemkSbhOT Planning and Wwronment kpartmnt Odiaim S~U~VQ~beiak hlziel Building, mecomle~ottrriesvs Construction of Industrial Units Comprising semhcvom,ecnr 24 qrrgrt uiarnortee Two Buildings, Associated Roads & Car Parking eptrdrc!bi IiTflhpc Crowi wrubtare may kaem prarec,mr OrcLlllp~aeel,9~, Former 16 Netherdale Road, Nethetton Industrial Estate, t&m Laralkrlln Corioll teIO1898 274274 zm8 Wishaw immns fax: 01898 403053

83 Proposed Conditions:-

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

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

2. That, except for the requirements of conditions (16) below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- PLO1, PL02, PL03, PL04, PL05, PL06, PL07, PL08, PLO9 and PL10.

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

3. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the permission hereby granted shall relate to the use of the buildings; solely for a uses included within Class 4 (office), class 5 (General Indusrty); and Class 6 (Storage and Distribution) of the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: In order to protect the nature of this locality for industry and to limit noise and disturbance to the adjacent residential properties.

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

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

5. That 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.

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

6. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. The fences approved shall thereafter be constructed prior to the occupation of the first industrial unit.

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

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

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

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

Reason: To safeguard adjacent watercourses and groundwater from pollution.

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

Reason: To ensure the provision of satisfactory site infrastructure.

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

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

11. That prior to the development being brought into use, any remediation works identified by the site investigation report required in terms of Condition 10 above shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

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

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

13. That before the industrial development hereby permitted starts, a scheme of landscaping for the verge areas hatched red, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of existing landscaping to be retained; (b) details of grass seeding and turfing; (c) a scheme of shrub planting, incorporating details of the location, number, variety and size of shrubs to be planted; (d) a timetable for the implementation of the landscaping works contemporaneously with the development and their completion prior to the occupation of the first industrial unit within the first block.

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

14. That the scheme of landscaping and planting, approved under the terms of condition 13 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the occupation of the last unit within the development hereby permitted. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

85 15. The design, installation and operation of any air condition / ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 20.00 hours and NRC 25 at all other times.

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

16. That notwithstanding the plans hereby approved an amended road layout shall be submitted to and approved in writing by the Planning Authority. The amended road layout shall include.

1. The deletion of the three proposed accesses from Netherdale Road and replacement with a single access and turning facility. 2. The removal of the 3 parking bays accessed directly from Netherdale Road that impact on the visibility splay.

Reason In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking and service provision.

17. That within 4 weeks of the completion of the building works hereby permitted a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

86 Backaround Paoers:

Representation Letters

None.

Consultation Responses:

Transportation (Southern) received 7'h October 201 0 Protective Services (Pollution Control) received 1 '' October 201 0 Scottish Water received 4'h October 201 0 Scottish Environment Protection Agency received 30thSeptember 201 0 Network Rail received 22ndSeptember 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13

Report Date:

30th September 201 0

87 APPLICATION NO. 10/01042/FUL

REPORT

1. Site Description

1.1 The application site is a gap site extending approximately 5,400m2 on the north side of Netherdale Road. The site is bounded by existing industrial units to the south, east and west and by the railway line to the north.

2. Proposed Development

2.1 The application seeks consent for the erection of 24 industrial units with associated parking and manoeuvring areas. The proposed Industrial units would be form%d in 2 blocks, both holding 12 units with a total floor area of approximately 1OOOm . The units would measure 4 metres in height and will be finished in metal composite roof/wall cladding. It is proposed to access the site from Netherdale Road, the access comprises two entrances and one exit with a one way system to ensure vehicles are able to enter and leave in forward gear and the site includes parking for 66 vehicles, which includes disabled parking.

3. Applicant’s Supportina Information

3.1 The applicant has provided supporting information pertaining to the application which includes a Noise Assessment, SUDS Appraisal and Road Design Assessment.

4. Site History

4.1 The application site has no relevant site history with respect to the proposed development.

5. Development Plan

5.1 The site lies within an area covered by Policy IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008.

6. Consultations

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

SEPA Network Rail Scottish Water

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

i) Transportation has no objections to the proposed development subject to conditions regarding amendments to the road layout and parking provision. ii) Protective Services have no objection subject to the submission of a site investigation report.

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received with regard to the proposed development.

8. Plannina Assessment

88 8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues, it can therefore be assessed in terms of the local plan policy. The site is zoned as Policy IND 8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008. Policy IND9 (Assessing Applications for Industrial and Business Development) and TR13 (Assessing the Transport Implications of Development) are also relevant.

AdoDted Local Plan

8.2 Policy IND 8 seeks to retain the existing character of established industrial and business areas by safeguarding existing uses and supporting the development of general industrial, distribution, storage or class 4 business uses where appropriate. The proposed development of the site for industrial units is therefore in accordance with policy IND 8.

8.3 Policy IND 9 (Assessing Applications for Industrial and Business Development) details various criteria which should be taken into account when assessing applications for Business and Industrial Developments including whether the proposal is located within an Established Industrial and Business Area or on a site forming part of the land supply for industrial and business; suitability to the character of the area in which it is set; detailed design elements; provisions made for landscaping, servicing, access, and parking. The proposed units would be located in an established industrial area and is therefore considered to be acceptable in terms of the impact on the character of the area. The proposed scale and design of the units are considered acceptable and would incorporate metal cladding in keeping with the existing industrial units adjacent to the site. The application proposes to utilise the existing access from Netherdale Road and includes the provision of parking and turning facilities. The proposed units are therefore considered to accord with the provisions of policy IND 9. The transportation implications are discussed in more detail in the section below.

8.4 Policy TRI 3 requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environmental and adjoining land uses; impact on road safety; and provisions made for access, parking and vehicle manoeuvring. As indicated above, Transportation had no objection to the proposed development subject to conditions. The development will provide adequate off street parking to serve the proposed units and a layout which can accommodate vehicles servicing the site to enter and leave in forward gear. The proposed development is considered to accord with policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however the zoning and policy position remains unaltered from the Adopted Plan.

Consultations

8.6 In terms of the consultation responses the comments raised by Scottish Water, SEPA and Protected Services, I can confirm that this can be addressed by suitable planning conditions. The Transportation comments are noted and can be addressed by suitable planning conditions.

9. Conclusions

9.1 In conclusion, it is considered that the proposal is acceptable in terms of policies IND 8, IND 9 and TR 13. The proposed industrial units accord with the land use of the surrounding industrial area. It is considered that the proposed units can be accommodated within the site without detriment to the surrounding industrial area.

89 Therefore, taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted with conditions outlined above.

90 Application No: Proposed Development:

10/01045/FUL Change of use from Public Footpath to Private Garden Ground and Erection of Two, Two Metre High Fences (Retrospective) Site Address:

Footpath East Of 12 Westray Wynd Newmains Wishaw ML2 9JD

Date Registered:

15th September 2010

Applicant: Agent: North Lanarkshire Council N/A Newmains Neighbourhood Office Main Street Newmains Wishaw ML2 9AT Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 9 Murdostoun No letters of representations received. Robert McKendrick, James Martin, Nicky Shevlin, John Taggart,

Recommendation: Approve

Reasoned Justification:

The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that it will not adversely affect the character or amenity of the area.

91

Backaround PaPers:

Consultation Responses:

None Required.

Contact Information:

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

Report Date:

30th September 2010

93 APPLICATION NO. 10/01045/FUL

REPORT

1. Site Description

1 .I The application site is the footway adjacent to numbers 12 and 14 Westray Way, Newmains linking Clunie Place with Westray Wynd. The site is bound by terraced dwellings to the north, west and east and by the car park adjacent to Clunie Place to the south.

2. Proposed Development

2.1 Planning permission in retrospect is sought for the erection of two, two metre fences at either side of the footway to stop the footway up and for the change of use of the lane into private garden ground to be incorporated within the garden ground of 12 W estray W ynd.

3. Applicant's Suuportina Information

3.1 The applicant submitted the committee report seeking authorisation for the stopping up of the footway approved by the Housing and Social Work Services Committee of the 16'h December 2009.

4.

4.1 No relevant site history.

5. Development Plan

5.1 The site is identified as forming part of the Established Housing Area (HSG7) in the Southern Area Local Plan.

6. Consultations

6.1 Transportation, Lighting and Scotland Gas Networks have raised no objections to the application.

7. Representat ions

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

8. Plannina Assessment

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

8.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies, which are the Southern Area Local Plan 2008. The site is within an area designated as an Established Housing Area in the Southern Area Local Plan 2008 to which policy HSG7 applies.

Adopted Local Plan:

8.3 Policy HSG7 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. It is not considered that

94 the stopping up of the footway at this location is incompatible with the existing residential setting or adversely affects the amenity of the established residential area. Alternative pedestrian footways are present in the area and the impact of the two, two metre high fences is acceptable as they tie in with the existing fencing in the area. Therefore it is not considered to conflict with the aims of this policy as it does not have a significant adverse affect on the character and amenity of this residential area. The development is therefore held to comply with the objectives of Policy HSG7.

Finalised Draft North Lanarkshire Local Plan:

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

9. Conclusions

9.1 In conclusion, the development accords with Policy HSG7 of the Southern Area Local Plan 2008 in terms of the acceptability of the layout, scale and design of the development. In addition, the development is not considered to have a significant adverse impact upon the character and amenity of the neighbouring properties. In view of local plan policy and all other material considerations, it is therefore recommended that retrospective planning permission be granted.

9.2 If approved there will be a requirement for the Council to promote a Stopping Up Order under Section 207 of the Town and Country Planning (Scotland) Act 1997 authorising the closure of the footway.

95