North Lanarkshire Council

AGENDA ITEM No.

Planning Applications for consideration of Planning and Transportation Committee

Committee Date: 20 April 2017

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

20th April 2017

Page Application No Applicant Development/Site Recommendation No

10−21 161003331PPP Hallam Land Residential Grant (P) Management Development with Ltd Associated Infrastructure, Landscaping and Access Land To The East Of 26 And 28 Airdriehill Street Rawyards Airdrie

22−38 16/01 367/FUL Ashfield Land / Mixed Use Grant (P) Taylor Wimpey Development Comprising 160 Houses (and Associated Works) Site East Of Drumpark School Glasgow Road Coatbridge

39−49 16/01372/FUL Shotts Biogas Installation of Biogas Grant Ltd Energy/Anaerobic Digestion Plant Davidson Grain Merchants Gray Street Shotts MI−7 5EZ

50−72 16/01649/PPP J & P Residential Refuse (P) Hannaway Development in Principle, with New Access and Associated Infrastructure Site To The South Of And Including 100 Sykeside Road Airdrie 73−89 16/01850/MSC Persimmon Application for Grant (P) PLC/ Avant matters specified by Homes condition of (Scotland) application 14/01 849/PPP consisting of 247 residential units, associated drainage, infrastructure, road and landscape works. Land To South Of Johnston Loch Gartcosh

90−101 16/02216/MSC Avant Homes / Application for Grant New Brannock Matters Specified by Limited Condition of Application 14/001 05/AMD Consisting of 45 Residential Units, Associated Drainage, Infrastructure, Road and Landscape Works Torrance Park Legbrannock Road Newarthill Motherwell

102−107 1 6/02298/PPP St. Philips Residential Grant School Development (Permission in Principle) St Philip's School 10 Main Street Plains MI−6 7SF

108−114 1 6/02348/FU L Nicol Boilers Demolition of 2 Grant Existing Dweliinghouses and Erection of 2 New Dwellinghouses 278 / 280 Mill Road Allanton Shotts MI−7 5DG 115−125 16/02400/FUL Bellway Residential Grant (P) Homes Ltd Development (196 Request for Scotland Dwellings) with Hearing Formation of Access Site At Main Street Chryston

126−132 1 7/00075/FUL Ms Catherine Construction of a 1.5 Cavanagh Storey Dwellinghouse Site At High Banton Road Banton

133−141 1 7/00143/FUL North Construction of New Grant Lanarkshire Road Junction Council Including Right Turn Storage Bay on the A71 Horsley Brae onto Brownlee Road Site To North East Of Garrion Bridges Garden Centre, Horsley Brae Overtown

142−150 1 7/00207/FUL Clyde Valley Proposed Partial Grant Housing Demolition and Association Façade Retention of 2 Storey Grade C Listed Building and Erection of 3 Storey Intensively Supported Accommodation Building Comprising 9 Bedrooms and Ancillary Accommodation 9 Bank Street Coatbridge MI−5 1AJ

151−156 17/0031 2/AMD Mr Joe Part Change of Use Grant Zenezki for Siting of Hot Food Takeaway Unit Only Site At Heritage Way, Summerlee, Coatbridge 157− 17/00446/FUL Mr Zulfiqar Ali Change of Use from Grant 163 Office (Class 4) to Shop (Class 1) Former Community Room 119 Birch Road Abron hill Cumbernauld G67 3PE

(P)

16/00333/PPP: If minded to grant, legal agreement required to ensure financial contribution towards education mitigation.

16/01367/FUL: If minded to grant, legal agreement required to ensure financial contribution towards education mitigation.

16/01649/PPP: If minded to grant, legal agreement required to ensure financial contribution towards education mitigation.

16101850/MSC: If minded to grant, legal agreement required to ensure financial contribution towards affordable housing.

16/02400/FUL: If minded to grant, legal agreement required to ensure financial contribution towards affordable housing, education mitigation and off−site play provision. Application No: Proposed Development:

1 6/00333/PPP Residential Development with Associated Infrastructure, Landscaping and Access

Site Address:

Land To The East Of 26 And 28 Airdriehill Street Rawyards Airdrie

Date Registered:

17th February 2016

Applicant: Agent: Hallam Land Management Ltd Barton Willmore Corunna House 68−70 George Street 39 Cadogan Street Edinburgh GLASGOW Scotland Scotland EH2 2LR G2 7AB

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 007 Airdrie North 1 letter of representation received. Alan Beveridge, Sophia Coyle, Thomas Morgan, Andrew Spowart

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Although contrary to the Spatial Development Strategy of the Glasgow and Clyde Valley Strategic Development Plan (and the primary Green Belt zoning in the local plan), in light of the flexibility required from the perspective of Scottish Planning Policy in addressing shortage in housing land supply, the development can be justified as acceptable when assessed against the relevant policies and mechanisms of the Strategic Development Plan and Local Plan.

Note to Committee: Should planning permission in principle be approved, no decision notice should be issued until a S75 Legal Agreement has been concluded securing the required education financial contribution. 151

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158DICIarkson − Lcisur −LI / Reproduced by permission of Planning Application: 161003331PPP the Ordnance Survey on Name (of applicant): Hallam Land N North behalf of HMSO. @ Crown 4 Copyright and database right Management Ltd Lanarkshire 2009. All rights reserved. Site Address: Land To The East Of 26 Council Ordnance Survey Licence And 28 number 100023396. Airdriehill Street Rawyards Airdrie

Development: Residential Development with Associated Infrastructure, Landscaninq and Access ProposedConditions:−That

before development starts, a further planning application(s) shall be submitted to the Planning Authoritymatters:−(a) in respect of the following

the siting, design and external appearance of all buildings and other structures; (b) the new roads and means of access to the site; (c) the layout of the site, including all roads, footpaths, footways, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site which should include native species; (e) details of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls fences; (g) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (j) details of existing and proposed site levels; (k) details of a play area and open space commensurate with the scale of the proposed development; (I) details of any works to trees along the site boundary.

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

That notwithstanding the terms of Condition 1 above, the proposed layout shall follow the principles set out in the 'Illustrative Masterplan lnd02' in respect to the buffers around the site, noise attenuation and visibility and widening works to Airdriehill Street.

Reason: In order to secure the provision of affordable housing.

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

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

4. That any remediation works identified by the site investigation required in terms of Condition 3, shall be carried out to the satisfaction of the Planning Authority. Before the development is brought into use, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

5. That notwithstanding the terms of Condition 1 above, an updated Ecological Survey, carried out by an appropriately qualified Ecologist, shall be undertaken to determine the presence of statutorily protected species and submitted with all applications for the approval of Matters Specified in Condition for the written approval of the Planning Authority. The development shall then be carried out in accordance with the agreed terms of this Survey and any appropriate mitigation provided.

Reason: To accord with the provisions of the Nature Conservation (Scotland) Act 2004.

6. That notwithstanding the terms of condition 1, any application for Matters Specified in Condition shall be supported by a Noise Impact Assessment, carried out by an appropriately qualified engineer. This shall demonstrate that the residential layout has been designed to satisfactorily minimise any noise impact on residents from noise traffic on Airdriehill Street and the adjacent industrial premises, setting out any required mitigation measures. Thereafter, any mitigation matters shall be implemented to the satisfaction of the Planning Authority.

Reason: To protect the residential amenity of future residents.

7. For the avoidance of doubt, no permission is hereby granted for the indicative layout submitted as part of this application, nor for any particular number of units. Those details require to be taken forward for approval via an application for Matters Specified in Condition.

Reason: To define the terms of this permission.

9. That notwithstanding the terms of condition 1 above, the layout submitted in any application for Matters Specified in Condition shall be designed to allow the following:

• The site to be accessed via a priority junction arrangement, and located where visibility splays of 4.5m x 90m can be provided and maintained in both directions and where junction spacing requirements of 40 metres can be achieved along Airdriehill Road.

• The existing substandard bend at the south of the site should be improved to permit 90m forward visibility.

Reason: To ensure an appropriate level of access and in the interests of road safety.

10. That before the development hereby permitted starts the remedial works proposed in 10.3 of the Ground Investigation Report (Appendix 1 of the Report on Additional Site Investigations by Mason Evans, May 2016: Ground Investigation report by Johnson Poole & Bloomer, September 2002 and supplementary the letter from Mason Evans dated 181h May 2016) shall be completed to the satisfaction of the Coal Authority.

Reason: To ensure any land stability issues on site are adequately addressed.

11. That before the development starts, unless otherwise agreed in writing with the Planning Authority; full details of the final 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, in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

12. That the surface water drainage scheme approved under the terms of condition 11 above 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 CIRIA Manual and the approved plans.

13. 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 sewerage and surface water drainage arrangements. Background Papers:

Consultation Responses:

NLC Traffic & Transportation dated 8th April 2016 NLC Greenspace dated 23 rdMarch 2016 NLC Pollution Control dated 25th February, 2' March and 18th March 2016 NLC Education dated 13th March 2013 The Coal Authority dated 8th March 2016

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 632500

Report Date:

5th April 2017 APPLICATION NO. 16100333!PPP

REPORT

1. Site Description

1.1 Planning permission is sought in principle for the use of a 2.63ha area of land on the north east edge of Airdrie for housing. The site is a field on the edge of the current settlement boundary which is bound by an intermittent hedgerow on the southern and eastern boundaries. To the south west of the site is a row of houses, to the west is an industrial area and to the south, north and east is countryside. Airdriehill Street runs along the southern and eastern boundary. The site has a gentle downward gradient in a northern direction meaning that Airdriehill Street is located on a higher elevation.

Proposed Development

2.1 The application involves the proposed use of the site for a residential development. Although the application has been made in principle the applicant has indicated that the site could accommodate approximately 50 dwellings with an indicative layout with a suggestion of a mixture of house types. Access to the site would be taken at the southern end of the site from Airdriehill Street which was approved under a previous industrial consent. An indicative acoustic barrier has also been shown on the western edge of the site to mitigate against the potential noise nuisance caused by neighbouring industrial uses. Also proposed within the indicative materplan is open space, provision for play facilities, SUDS infrastructure and an improvement to visibility and width on Airdriehill Street.

3. Applicant's Supporting Information

3.1 The applicant has provided the following information in support of the application>

• Masterplan Drawing • Site Investigation • Design and Access Report • Drainage Report • Habitat Survey • Planning Statement • Transport Statement • Pie−application Consultation Report

4. Site History

4.1 The following site history is relevant to the application.

• 05/0081 1/OUT Outline Permission for General Industrial Development (approved 29 July 2005) • 05/02055/OUT Proposed Residential Development (In Outline) (withdrawn) • 08/00116/AMD Extension of Time (Non Compliance with Conditions 2 & 3 of C/05/00811/OUT) (approved 20 March 2008) • 08/01071/REM Formation of Access Incorporating Improvements to Provide Visibility Splay (Reserved Matters for C/05/0081 1/AMD) (approved 7 October 2008) • 1 1/00208/AMD Non−Compliance with Conditions 1 & 2 of Permission C/08/001 16/AMD, to Secure a Further Extension of Time (3 Years) for Industrial Development (approved 19 November 2011) • 11/01417/PPP Residential Development in Principle (Change of Use from Industrial to Residential) (refused 13 April 2012) • 13/01 106/MSC Construction of 22 No. General Industrial Units Incorporating Access, Roads, Drainage Works and Landscaping (Approved 14 March 2014)

Development Plan

5.1 This application site raises issues of a strategic and local nature and therefore must be considered in terms of the Strategic Development Plan and Local Plan. 5.2 The site falls under GreenBelt in the Spatial Development Strategy of the Glasgow and the Clyde Valley Strategic Development Plan 2012.

5.3 The site is identified as NBE3A GreenBelt in the North Lanarkshire Local Plan (NLLP).

6. Consultations

6.1 NLC Pollution Control raise no objection to the application. Comments are provided on contaminated land and noise. While a Site Investigation has been submitted with the application, final verification can be addressed through conditions. A noise assessment has been submitted and found to be acceptable. A condition can also ensure appropriate mitigation in respect to the adjacent industrial site is implemented through any subsequent detailed application.

6.2 NLC Greenspace raise no objection to the application. A condition can be applied to ensure an updated protected species survey is carried out prior to any works starting. Otherwise, comments are given on landscaping, good practice in terms of construction and badgers, SUDS, Access and an area of Japanese Knotweed close to the site. In terms of landscaping, appropriate conditions can be applied and taken forward through a detailed application. Otherwise, while some of the comments wouldn't relate directly to the planning process, the information can be provided to the Developer.

6.3 NLC Traffic and Transportation raise no objection to the application. Conditions are recommended in respect to the site access and internal design parameters. While some of these points would relate to a future detailed application, conditions are proposed in respect to the site access, improvement to Airdriehill Road and the requirement to design the site following the principle of Designing Streets.

6.4 NLC Education raise no objection to the application. Within the catchment, it has been identified that Clarkston Primary School is operating over its capacity. An assessment has been carried out on the anticipated relative impact from the proposed development and this would equate to part funding for an additional classroom. In financial terms, this would be £2770 per unit, secured via a legal agreement.

6.5 The Coal Authority raised an objection to the application and are currently reviewing ground investigation information. However, it is noted that the existing planning permission in place raised no objection from the Coal Authority, subject to an agreed scheme of mitigation. The applicant in this instance remains the same with the same and additional ground investigation information lodged. It is also noted that this application is for planning permission in principle. In the circumstances, it is considered from a planning perspective that the Coal Authority interests can be secured through a condition to reflect that currently in place.

7. Representations

7.1 1 letter of representation has been received from CIIr Morgan. This is in support of the application on the basis that the development will result in improvements to existing constraints on Airdriehill Street.

8. Planning Assessment

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

8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde Valley Strategic Development Plan and North Lanarkshire Local Plan. The application is of strategic significance due to the zoning of the site in the adopted Local Plan and indicative number of dwellings proposed.

8.3 The site forms part of the Green Belt under the Spatial Development Strategy of the Glasgow and the Clyde Valley Strategic Development Plan 2012 (SDP).

8.4 The Spatial Development Strategy notes that the Green Belt is central to the sustainable planning of the Glasgow and Clyde Valley city region. In terms of the Spatial Vision of the SDP, it highlights that the Green Belt is an important strategic tool in achieving key environmental objectives by directing planned growth to the most appropriate locations, creating and safeguarding identity through place− setting and protecting the separation between communities. In this instance, falling within the Green Belt, the proposed development is not in line with the Spatial Development Strategy. The SDP does however go on to consider that the review of Green Belt boundaries should be a priority of Local Development Plans. This review, along with the assessment of promoted sites is currently being carried through the emerging Local Development Plan and it is acknowledged that a change in zoning from Green Belt to residential is proposed.

8.5 Strategic Support Measure 10 'Housing development and local flexibility' of the SDP notes that local authorities should continue to audit their housing land supplies in light of prevailing market conditions with a view to maintaining an appropriate five years effective housing land supply, guided by a sustainable location assessment. Strategic Support Measure 10 relates specifically to housing development and together with Diagram 4 provides a framework for assessing proposals where these are unrelated to land supply established in the development plan. The Planning Service would acknowledge that although the site is not identified in the adopted local plan for residential purposes, there is a known shortfall in housing land supply. This is material to the assessment of the application along with the flexibility required by planning authorities in addressing housing land supply, set out in Scottish Planning Policy (SPP). In short, the need to maintain a five−year effective housing land supply is a continuing and on−going requirement and the Planning Authority requires to be flexible in how this is achieved, a factor re−enforced by a recent appeal decision against the Council. It is accepted that a demand case can be made.

8.6 Regarding the Sustainable Location Assessment set out within the SOP, it is highlighted that separately through the LDP process, the site has been identified by the Council as a location for future residential development. It is acknowledged that the LDP process is ongoing. Assessing the application against the Diagram 4 criteria directly, it is noted that it would rate negatively in respect to the Green Network in technical policy terms (the site is adopted Green Belt); but otherwise, the development would be of a limited scale that would deliver housing land in the short term; would be a small expansion to an existing settlement; would constitute only a small incursion into the Green Belt; would contain a direct boundary to the urban area; would maintain defensible Green Belt boundaries; would have footpath connections to the existing road network; and, would provide a notable improvement to an existing visibility constraint on the adjoining road. Furthermore, although on the periphery of the settlement, there are no insurmountable technical constraints at the site, there are no prohibitive biodiversity designations, there are no existing passive recreational uses, while there are bus routes, local services and schools in the surrounding area.

8.7 In terms of Green Belt rating, it is further acknowledged that an older industrial permission on the site remains in place − a remnant permission from a former industrial zoning in the Monklands District Local Plan. This permission serves as an example of changing circumstances and evolving planning policy and it is acknowledged that the Council has in the past given more weight towards development of the site where justified. While residential development has previously been resisted, policy responses to demand do evolve over time and in this instance, the current requirement for additional housing land, the requirements of SPP in providing housing land and the inclusion of the site in the emerging LDP for residential purposes (albeit, still an ongoing process) add some weight to support for the application. Taking all these factors into account, it is considered that the development can be supported by the SDP from a locational perspective. Overall, it is concluded that the proposal is not in line with the Spatial Development Strategy of the SDP (due to the current local plan zoning); however, it can be supported through the demand and locational assessment mechanism of Diagram 4 and is considered to be an acceptable departure.

North Lanarkshire Local Plan (NLLP):

8.8 The North Lanarkshire Local Plan zones the site as NBE3A 'Green Belt' and not part of any planned land supply. The nature of development is beyond what would normally be deemed as compatible with Green Belt purposes.

8.9 Policy DSP1 'Amount of Development' is relevant, with specific reference to Criterion B Potential Additions to Planned Land Supplies due to the Green Belt status of the site. Additions to housing land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. In this instance, it is accepted that there is a recognised shortfall in housing land supply, with a requirement on the Council to provide a minimum 5−year housing land supply at all times. The development is considered to be acceptable when assessed against policy DSP1

8.10 Policy DSP2 'Location of Development' further considers the strategic approach to development locations. Located in the Green Belt reference to Criterion B: 'potential additions to planned land supplies' is relevant. It is acknowledged that the application fails to comply with the primary Green Belt zoning of the site. Policy NBE3 'Assessing Development in the Green Belt' defines acceptable forms of development in the Green Belt, including proposals necessary for agriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoor recreation. Mainstream housing, as proposed here, would ordinarily be inconsistent. However, taking into account the strategic policy assessment in paragraphs 8.4 − 8.7, 8.9 and in respect to the requirements of SPP discussed in 8.20 − 8.22, it is considered that there is sufficient justification for the proposal in this instance. If approved, the development would maintain a clearly defined Green Belt boundary, would have an acceptable level of accessibility, would utilise (and result in an improvement to) the existing road network, would provide a developer contribution towards education provision, would not impact unacceptably on environmental assets, would not impact on any known constraints and would not impact adversely on town centres. While it is acknowledged that the site is not Brownfield, there is an established permission for industrial development and it is considered that taking into account the requirement for a flexible approach to delivering housing land supply, the incursion into the Green Belt and its function would be limited. It is also noted that no objections to the application have been received. In this regard, while contrary to the Green Belt zoning, the application is considered to be acceptable under policy DSP2.

8.11 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. The financial contribution towards school provision could be satisfactorily addressed through a legal agreement and on this basis the development would accord with DSP3.

8.12 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. It is noted that this application is in principle only, and the layout provided is only to demonstrate that the site can be developed. No permission would be given here for the specifics of those indicative details. Assessment against the relevant policies is however applicable in being able to confirm that a detailed layout could be supported taking into account all the various technical and design requirements.

a. Design Principles Including Provision for the Development and Links to Nearby Green Networks; and,

b. Safe, Inclusive, Convenient and Welcoming Development

8.13 The applicant has submitted a Design and Access Statement which provides information with respect to the proposed site layout and design concept. While on the periphery of the settlement, it is noted that a number of two storey properties exist at peripheral positions in Airdrie and assessment of any future detailed application could ensure an acceptable form of layout. The indicative site layout has been designed to take account of national policy guidance 'Designing Streets'. It is accepted that an appropriate design to the development could be achieved whilst satisfactorily meeting functional requirements, and that all areas could have a good degree of passive surveillance from the proposed housing. In addition to open space, throughout the indicative layout, additional landscaping with boundary hedging and tree planting is also illustrated, as well as a place for play provision. It is therefore considered overall that the applicant has demonstrated that a safe, inclusive, convenient and welcoming form of development could be taken forward part of a subsequent detailed application.

8.14 On access and transportation matters, it is considered that the development could be accessed in an acceptable manner and with linkages to the wider public road and footpath network. Also proposed is improved visibility at the adjacent bend on Airdriehill Street. A review of the consultation process with NLC Transportation is set out in paragraph 6.3, which includes some matters to be fully addressed. In planning terms, it is considered however that all matters have been satisfactorily considered from the perspective of planning permission 'in principle' and in order to demonstrate developability. The actual detail of a future layout can be taken forward in a subsequent application and secured through conditions. c. Energy Resources and Sustainable Development

8.15 While not currently part of the housing land supply, in responding to emerging policy requirements as part of the LDP, it is acknowledged that the site has been promoted as a possible residential site. While the LDP is not yet approved, the emerging LDP has some, although limited, material weight. It is acknowledged that the site is an extension to the existing settlement, has been designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.16 The application has been supported by a Site Investigation and Noise Impact Assessment in respect to the adjacent industrial site. This has raised no reasons for refusal. Conditions can address updated Site Investigation requirements as well as the implementation of noise mitigation. No other potential pollution impacts have been raised.

e. Drainage and Water Body Status

8.17 The requirements of both SEPA and Scottish Water can be addressed by planning conditions. The indicative site layout makes provision for SUDS infrastructure.

f. Impact on Local Amenity

8.18 In considering the location of the site in relation to neighbouring residential properties, it has been demonstrated that a layout and design could be developed without significant adverse impacts on neighbouring amenity in respect to sunlight/daylight, levels and privacy. The actual detail of any detailed application would be assessed at that time. Noise mitigation can be incorporated in respect to the new layout.

8.19 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4.

Material Considerations

Scottish Planning Policy:

8.20 Scottish Planning Policy (SPP) is an important material consideration. SPP says that where (as is the case here) there is less than a five year supply of effective housing land, development plan policies for the supply of housing are not to be considered up to date and the presumption in favour of development which contributes to sustainable development is to be a significant material consideration. In such cases any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the wider policies in SPP should be taken into account.

8.21 In this case it is accepted that there is a shortfall in the effective housing land supply. It is also highlighted that in the emerging LDP, albeit part of an ongoing process, the site is a proposed residential location; and that an assessment of the application against other local plan policies raise no significant impacts. In these circumstances, it is considered that construction of approximately 50 houses on the site could make a reasonable and justified contribution to the housing shortfall.

8.22 SPP also identifies the uses of Green Belt designation. These are directing development to the most appropriate locations, supporting regeneration, protecting and enhancing the character and landscape setting of the settlement; and protecting and enhancing access to open space. It confirms that where Green Belt designation is justified, it will be for local development plans to define the boundaries as part of their spatial strategies. In this case, it is considered for the reasons set out earlier in the report, a departure from the primary zoning can be justified and with limited impact.

Emerging Development Plan:

8.23 The Planning and Transportation Committee approved the Proposed North Lanarkshire Council Local Development Plan on 10 August 2016 and the consultation period expired on 24 March 2017. A report will be presented to committee in due course advising of the outcome of the consultation and recommending the next course of action. 8.24 This site was put forward by the land owner as a suitable housing site in the 'call for sites' process of the LDP. This was assessed against a sustainability and deliverability matrix. This site was not considered one of the most suitable to meet shortfall in Airdrie/Coatbridge Housing Sub−Market Area based on its performance against the Sites Sustainability and Deliverability Matrix criteria/factors. However following a separate Urban Boundaries Review process, this site is included within the Urban Boundary and therefore was identified as a 'Future Housing Development Site', these being sites which have the potential to be developed to meet future housing need. The LDP document states that such sites would have to be justified on the basis of housing need and or locational circumstances. In this case the case for housing need has been established and the location has been demonstrated as being sustainable.

8.25 The exact nature and extent of representations received in relation to the proposed designation at this site is not yet known but it can be confirmed that some objections have been received. The implication for this is that (in normal circumstances) the proposed designation would be the subject of examination by Scottish Government Reporters as part of the LDP process. However, if planning permission were to be granted then that would effectively allow an LDP zoning for housing to be confirmed and there would be no need for the zoning to be examined by the Reporters. In any case, given the stage in the process of the emerging LDP, it is considered that limited weight can be given to the proposed designation of this site at this time. Instead, it is suggested that significant weight should be given to Scottish Planning Policy (as noted in paragraphs 8.20 − 8.22 above) which states that significant weight should be given to bringing forward sustainable sites (such as this) which will assist in addressing the housing land shortfall.

8.26 It must be acknowledged that for those who may have objected to the site's designation in the LDP, they will be denied the right to be heard by Reporters in the LDP examination process. However, it should also be noted that there were no objections submitted as part of the planning application process. Also, whilst the importance of a plan led system is recognised it is not possible for the Council to await the conclusion of the LDP process (anticipated to be early 2018) before it identifies the means of addressing the current and pressing housing land shortfall, as demonstrated by the recent appeal decision in favour a housing developer on the north side of Glasgow Road, Bargeddie, bearing in mind that site was also in the Green Belt but did not even feature as a proposed site within the proposed LDP.

8.27 The emerging Strategic Development Plan (Clyde Plan 2016) is at a more advanced stage in its process, having been though Examination and the Reporters' report published. Fundamentally, the vision and strategy of the emerging Clyde Plan does not differ significantly from that taken in the approved SDP and therefore would not (as a material consideration) change the assessment of this particular proposal.

Consultations:

8.28 In terms of the consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission. The consultation process has not raised any reason to refuse the application.

Representations:

8.29 In response to the grounds of representation, these are summarised as follows and the respective responses should be noted:

Comments Support for the application on the basis that it will result in improvements to constraints on Airdriehill Street, which are highlighted as being a serious road safety issue.

Response: Assessment of the application has resulted in no objection from NLC traffic and Transportation. The proposal includes increased visibility and road widening on the public road adjacent to the site. 9. Conclusions

9.1 In terms of an assessment of the proposal against the development plan, it is noted that the site's current designation as Green Belt ensures that the proposal is contrary to both the adopted Local Plan and approved Strategic Development Plan. However, it should also be noted that some support is given to the proposal through policies DSP 1−4 in the Local Plan and Strategy 10 in the SDP. Furthermore, significant weight must be given to the proposal via SPP in that the site and development are considered to be sustainable and that the development could assist in addressing the current housing land shortfall.

9.2 In terms of a detailed assessment, for a planning permission in principle, adequate justification has been provided to demonstrate that the site can be developed, with appropriate access and without undue impact on other land−uses. Also, a suitable means of mitigating education impact is available and has been agreed with the Developer.

9.3 On balance therefore, the proposed development is considered to be an acceptable departure from the development plan and it is recommended that planning permission in principle should be granted subject to conditions and the appropriate Section 75 Legal Agreement. Application No: Proposed Development:

16/01 367/FUL Mixed Use Development Comprising 160 Houses (and Associated Works)

Site Address:

Site East Of Drumpark School Glasgow Road Coatbridge

Date Registered:

14th July 2016

Applicant: Agent: Ashfield Land I Taylor Wimpey Lambert Smith Hampton 25 Blythswood Square 33 Bothwell Street Glasgow Glasgow UK UK G2 4BL G2 6NL

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 009 Coatbridge West 0 letter(s) of representation received. James Smith, Paul Welsh, Kevin Docherty,

Recommendation: Approve subject to conditions and legal agreement

Reasoned Justification: The proposed residential development of 160 houses is considered to be a departure from the Development Plan, however, it constitutes sustainable development and will help address a housing land supply shortfall within North Lanarkshire. The proposed development can also be accommodated without detriment to the character and amenity of the surrounding area.

Legal Agreement: Planning permission should not be issued until the developer has completed a Section 75 Agreement with the Planning Authority to secure the appropriate level of financial contribution to education provision within Bargeddie. Rverield

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Reproduced by Planning Application: 16/01367/FUL permission of the Name (of applicant): Ashfield Land I N North Lanarkhire Ordnance Survey on Taylor Wimpey behalf of HMSO. © Site Address: Site East Of Drumpark Coundi Crown Copyright and School database right 2009. All Glasgow Road rights reserved. Coatbridge Ordnance Survey Development: Mixed Use Development Licence number Comprising 160 Houses (and Associated 100023396. Works) ProposedConditions:−That

except as may otherwise be agreed in writing by the Planning Authority, the numbers:development−AL(0) shall be implemented in accordance with drawing 01, AL(0) 02 (rev D of 31 .03.17), BLR TKI00.00, CHA−2 TKJ00.00, DGS−3 TKI00.00, DRM− TK/00.00, FRA TKI00.00, GS−2 TKI00.00, HME−2 TK/00.00, MXL−2 TK/00.00, GTC−E−SS−001 OR1 −8_i_of_i (Sub Station)

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

2. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the written approval of the Planning Authority, other than those detailed on the approved plans. Before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of any trees directly adjacent to the application site and these measures shall not be removed without the approval in writing of the Planning Authority.

Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.

3. That the SUDS compliant surface water drainage scheme 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 has been constructed in accordance with the relevant SEPA SUDS guidance.

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.

4. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of an amended housing layout shall be submitted to the said Authority and shall include,

− Amendments to the vehicular access to the site to indicate the location of underground ducting to accommodate the provision of traffic signals in the future.

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

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 and a phasing plan for any identified remediation works shall be approved in writing by the Planning Authority prior to any works taking place on site.

Reason: To ensure the suitability of the site for the proposed development and to establish the extent and nature of any ground contamination in the interests of the amenity and wellbeing of future residents.

6. 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 in accordance with a timetable to be agreed in writing by the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To establish the extent and nature of any ground contamination in the interests of the amenity and wellbeing of future residents.

7. That before the development hereby permitted starts, Construction Method Statements (CMSs) shall be submitted to and approved in writing by the Planning Authority, and thereafter be adhered to for the duration of the works. The CMSs shall address potential impacts of all construction works and any ground stabilisation measures on the surrounding environment and local population, and shall include a Site Construction Environmental Management Plan and measures to control, and protect where appropriate:

Phasing,

Location of site compound

Construction traffic access Reason: To safeguard the amenity of the local environment and nearby communities

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

Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements.

That BEFORE the development hereby permitted starts, a scheme of landscaping shall include:be submitted−(a) to, and approved in writing by the Planning Authority, and it shall

details of all earth moulding and hard landscaping, boundary treatment, grass seeding and tuning, including the proposed earth bund to the southern boundary of the site; (b) Details of trees protection measures across the site. For the avoidance of doubt this shall include protection measures for trees along the northern and eastern boundaries of the site, (c) a scheme of tree and shrub planting within the site and SUDS basin area, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt, this shall take cognisance of Designing Streets policy and be developed taking account of local species and biodiversity interests; (d) a detailed timetable for all landscaping works (in particular the bund between the houses and the Virridor Waste Plant) which shall provide for these works being carried out contemporaneously with the development of the site.

Reason: To enable the Planning Authority to consider these aspects in detail, to ensure high quality visual amenity.

10. That all works included in the scheme of landscaping and planting, approved under the terms of condition 9 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: To ensure the implementation of the landscaping scheme in the interest of amenity.

11. 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 of:protection−(a)

the proposed footpath link; (b) the proposed grassed, planted and landscaped areas; (c) the proposed SUDS area; (d) any communal fences and walls; (e) play provision within the site.

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

12. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 12 shall be in operation.

Reason: To ensure there is an adequate landscape maintenance scheme in place.

13 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 and design by ensuring that external materials are appropriate for the site.

14. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt, all fencing and walls shall take account of visual impact and the edge of settlement location

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

15. That no dwelling hereby permitted shall be occupied until the street and footpath adjacent to it have been constructed to basecourse standard and the street and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

16. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.

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

17. That visibility splays of 4.5m x 120m shall be provided in both directions from the site access to Glasgow Road.

Reason: To ensure the provision of appropriate visibility splays as set out on the approved layout.

18. That before commencement of building works on any plot, unless otherwise agreed in writing, full details of the final 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.

19. That before the development hereby permitted starts, a scheme, for the provision of an equipped play area within the application 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 area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area, (d) details of a DDA compliant access; (d) details of the phasing of these works.

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

20. That before occupation of the last dwellinghouse within the development hereby permitted, all works required for the provision of the equipped play area and, included in the scheme approved under the terms of condition 19, shall be completed.

Reason: To ensure adequate provision of play facilities within the site. Background Papers:

Consultation Responses:

NLC Traffic & Transportation received 16th August 2016 and 7th April 2017 NLC Education Resources received 25th July 2016, 24th March 2017. NLC Protective Services (Pollution Control) received 20th September 2016, 25th January 2017 NLC Play Services Manager received 1st August 2016 Scottish Environment Protection Agency received 28th July 2016 and 2nd March 2017 Scottish Natural Heritage received 3 r August 2016 The Coal Authority received 21st July 2017

Planning and Transportation committee report of 27th January 2016, Local Development Plan Planning and Transportation committee report of 10th August 2016, Local Development Plan

Contact Information:

Any person wishing to inspect these documents should contact Mr Craig McIntyre at 01236 632500

Report Date:

10th April 2017 APPLICATION NO. 16!01367/FUL

REPORT

1. Site Description

1.1 The site is situated to the south of Glasgow Road on the eastern edge of Bargeddie. Occupying approximately 10.59 hectares of open rough scrubland the site is bound by the A89 Glasgow Road to the north, the former Drumpark Primary School campus to the west, Luggie Glen Business Park to the east and the Viridor Waste Plant to the south west. The highest point of the site is located centrally within the site with a ridgeline running in an east west axis, the site generally slopes downwards to the north and south from this ridgeline with the lowest point being at the south west corner of the site. The slopes are generally steeper in the southern half of the site. The site boundary and the field boundaries contain a number of mature trees, with the trees on the northern boundary of the site to Glasgow Road being protected by a Tree Preservation Order (TPO). The quality of the trees varies across the site.

1.2 The wider area is characterised as being predominantly rural with a mixture of fields and parkland golf course (Drumpellier Golf Club), but also the local settlements of Bargeddie and Coatbridge. Directly to the north west is the built edge of Bargeddie which has a mix of 1 − 2 storey dwellinghouses. 2. Proposed Development

2.1 Proposed is a residential development of 160 dwellinghouses, a reduction of 20 from the initial submission. The houses are for the private market, predominantly two storey detached and semi−detached units with a choice of nine different house−types ranging from 2−4 bed units. Access would be from a single point onto Glasgow Road (a dual carriageway) using a left in − left out' layout i.e. traffic leaving the site heading east would first of all need to head west and turn at the first roundabout. The design and layout has evolved taking cognisance of National Policy 'Designing Streets', with a more informal street pattern than conventional standards that have characterised residential development over recent years. A new footway is proposed along the frontage of the site onto Glasgow Road, and a footpath is proposed from the east end of the site (through the existing and retained tree belt) towards Glasgow Road.

2.2 Elements of a landscape strategy are set out in the plans and the design and access statement, and this shows the incorporation of a landscape band around the southern and eastern boundaries of the site.

2.3 An area of open space is provided in the south west corner of the site, which although sloping, would be landscaped and maintained as passive space, and the applicant proposes play provision within.

2.4 The application originally included an element of class 4 business use at the eastern edge of the site adjacent to the Luggie Glen Business Park, however, this was withdrawn as a result of the reduction in the developable area of the site due to the introduction of a buffer between the development and the adjacent Viridor Waste Plant.

3. Applicant's Supporting Information

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

• Design and Access Statement • Pre−Application Consultation with the Community Report • Ecology Report • Transportation Statement • Tree Survey and Arboriculture Constraints Report • Flood Risk Assessment • Site Investigation Report • Noise Impact Assessment/Acoustic Report • Odour Report • Air Quality Assessment report • Drainage and Engineering Report

3.2 The Pre−Application Consultation report summarised the public event which was held on the 9th of December 2015.

4. Site History and Context

4.1 The site was assessed during the Call for Sites' Main Issues Report consultation process (site submission number 0005/09) for inclusion into the emerging Local Development Plan (LDP). The site was included in the draft North Lanarkshire Development Plan as being located within the urban area of Bargeddie and identified as a future housing development site.

4.2 There are no relevant applications in respect to this particular site, however, Barratt West Scotland have secured a planning consent (following an appeal) for 180 houses to the north of Glasgow road immediately adjacent to this site. That site is in the Green Belt and was not included as a proposed site within the emerging LDP. However, the Scottish Government reporter was satisfied that the need for housing in the area outweighed those factors. In terms of access, that application proposed a new junction onto Glasgow Road which would be controlled by traffic signals. That application was in principle and therefore the exact location and detail of the proposed access has not yet been agreed.

4.3 Planning permissions are in place at the adjoining Viridor waste plant for various works including the construction of a new waste processing plant designed to process mixed household waste. Members may be aware that the Clyde Valley Waste Project has signed a contract with Viridor which will see residual household waste from 5 Councils in west−central Scotland (including North Lanarkshire) being processed at this site.

5. Development Plan

5.1 This application site raises issues of a strategic and local nature and therefore must be considered in terms of the Strategic Development Plan and Local Plan.

5.3 The site is identified as NBE3A Greenbelt in the North Lanarkshire Local Plan 2012 (NLLP).

Consultations

6.1 The following consultation responses have been received:

6.2 NLC Transportation: Various discussions have been had with NLC Transportation with changes made to the proposed site layout, including changes to the internal layout and parking provision. A variety of layout design is provided through the street pattern and make−up, the varied nature of the layout in respect to intervening open space and level differences, alternate junction types and turning facilities, and through the ultimate variances of surface materials. Overall, it is accepted that enough has been achieved in design terms. While various comments are made in respect to the transportation aspects of the proposal, and conditions recommended, in light of the zoning of the site and the variety of guidance within Designing Streets policy, from a planning perspective it is considered that the layout is at a suitably advanced stage that may be supported with any residual matters addressed via conditions. Other matters raised by Transportation in respect to adoption standards can be addressed at that stage or through the Roads Construction Consent (RCC) process. It is noted that a footpath through the open space in the north east of the site would not be adopted and it would be for the applicants factoring arrangement to address that matter. The proposed access onto Glasgow Road is considered acceptable. As and when Barratt submit details of their layout for approval, the access details will be expected to align with any permission granted for this site. The impact of this will be that when both developments are built out, both accesses will have the benefit of traffic signals.

6.3 NLC Protective Services raised comments in respect to the requirement for a Site Investigation Report, construction impacts and appropriate lighting. Specific consideration was given to the assessment of the Acoustic report, the Air Quality report and the Odour report and all were found to demonstrate the acceptability of the proposed development in terms of its relationship to the adjacent Viridor Plant, with the requirement for detailed mitigation measures addressed via conditions.

6.4 NLC Education Resources provided an initial response in July 2016 which commented that the development is situated within the catchment area of Bargeddie Primary and St Kevin's Primary schools. Based on the number of proposed units and a primary pupil product ratio (PPR) of 0.3 this development would yield approximately 54 primary pupils. The additional pupil product from this proposed development could not be absorbed within the existing school provision in the area. It was therefore envisaged at that time that an extension to the capacity of St Kevin's Primary school would be required. The developer would finance a proportion of the costs in direct relation to the anticipated pupil yield from this development. The Service anticipated that a Developer Contribution in the region of £204,545 would be required to deal with the impact on provision in the local area resulting from this development.

Education Resources then provided a revised consultation response in March 2017 in which they stated that following a review of the emerging NLLDP, and the promoted sites within the local catchment area a completely different approach and solution is required to deal with the impact of the proposed level of housing in the area. Based on the information in the proposed LDP, and recent appeal (Barratt site to north of Glasgow Road) granted by Scottish Government, it is anticipated that an additional 830 units will be added to the housing land supply in this local area. This is estimated to generate an additional 250 primary school pupils. To put this into context, a single stream primary school can accommodate 217 pupils. Therefore, such an increase in primary school age pupils cannot be absorbed into the existing estate. It is now envisaged that an additional primary school will be required in the local area to accommodate the additional pupils. For a new build primary school, it is calculated that each unit would be required to contribute £7,800 to the cost. This development of 160 units equates to a contribution of £1,248,000 towards dealing with the impact on education infrastructure. (see section 9.1 below for a commentary on this issue)

6.5 NLC Play Services raise no objection and provided comments with regard to the design and specification of the play equipment within the proposed play area which can be addressed via conditions.

6.6 Scottish Natural Heritage raise no objection and consider that providing the measures set out in the applicants Ecological Report are properly implemented, then the proposals are unlikely to have a significant impact on the natural heritage of the area. Conditions are requested in this regard. They also set out the construction management matters in respect to ecological resources.

6.7 Scottish Environmental Protection Agency raise no objection to this planning application, however they state that it is important that the local planning authority (LPA) fully considers whether it is appropriate for the proposed new housing development to be sited in close proximity to the Viridor Waste regulated site. In particular they refer to Scottish Planning Policy which states that Planning Authorities should consider the need for buffer zones between dwellings and some waste management facilities. In this case (given the fact that the adjoining Viridor waste plant processes mixed waste) a 250m buffer may be appropriate. SEPA suggest that careful consideration will be required to assess if the proposal is compatible with existing and proposed adjacent land use and whether there are adequate separation distances between the sites or if additional measures require to be incorporated within the layout of the proposed development for example to mitigate where possible for process failures which could generate odour problems. This point was duly assessed and the applicant has provided technical studies with the aim of demonstrating that the proposed residential development is compatible with the continued operation of the adjacent Viridor Waste Plant. The applicant reduced the capacity of the site from 180 units to 160 units by setting the development back a minimum of 150m from the Viridor Waste Plant.

6.8 The Coal Authority raises no objection to the application, setting out standing advice to the applicant.

7. Representations

7.1 No representations were received as a result of the standard neighbour notification and press advert.

8. Planning Assessment

Glasgow and Clyde Valley Strategic Development Plan 2012

8.2 The site forms part of the Green Belt under the Spatial Development Strategy of the Glasgow and the Clyde Valley Strategic Development Plan 2012 (SDP).

8.3 The Spatial Development Strategy notes that the Green Belt is central to the sustainable planning of the Glasgow and Clyde Valley city region. In terms of the Spatial Vision of the SDP, it highlights that the Green Belt is an important strategic tool in achieving key environmental objectives by directing planned growth to the most appropriate locations, creating and safeguarding identity through place−setting and protecting the separation between communities. In this instance, falling within the Green Belt, the proposed development is not in line with the Spatial Development Strategy. The SDP does however go on to consider that the review of Green Belt boundaries should be a priority of Local Development Plans. This review, along with the assessment of promoted sites is currently being carried through the emerging Local Development Plan and it is acknowledged that a change in zoning from Green Belt to residential is proposed.

8.4 Strategy Support Measure 10 'Housing development and local flexibility' of the SDP notes that local authorities should continue to audit their housing land supplies in light of prevailing market conditions with a view to maintaining an appropriate five years effective housing land supply, guided by a sustainable location assessment. Strategy Support Measure 10 relates specifically to housing development and together with Diagram 4 provides a framework for assessing proposals where these are unrelated to land supply established in the development plan. The Planning Service would acknowledge that although the site is not identified in the adopted local plan for residential purposes, there is a known shortfall in housing land supply. This is material to the assessment of the application along with the flexibility required by planning authorities in addressing housing land supply, set out in Scottish Planning Policy (SPP). In short, the need to maintain a five−year effective housing land supply is a continuing and on−going requirement and the Planning Authority requires to be flexible in how this is achieved, a factor re−enforced by the recent appeal decision in relation to the proposed housing site to the north. It is accepted that a demand case can be made. It is also accepted that the proposed development is of a scale which is capable of being delivered within the next 5 years.

Assessing the application against Diagram 4 (Sustainable Location Assessment) criteria directly, it is noted that it would rate negatively in respect to the Green Network in technical policy terms (the site is adopted Green Belt); but otherwise, the development would be of a limited scale that would deliver housing land in the short term; would be a relatively small expansion to an existing settlement; would constitute only a small incursion into the Green Belt; would contain a direct boundary to the urban area (on the basis that there is a planning permission for housing to the north); would maintain defensible Green Belt boundaries and would have footpath connections to the existing road network.. Furthermore, there are no insurmountable technical constraints at the site, there are no prohibitive biodiversity designations, there are no existing passive recreational uses, while there are bus routes, local services and schools in the surrounding area.

In concluding the assessment of the development of the proposal against the SDP, whilst it does not accord with the Spatial Development Strategy, there are arguments that it may be an acceptable departure from the plan on the basis that the site is a sustainable location where there is a known need for housing.

North Lanarkshire Local Plan (NLLP)

8.5 The North Lanarkshire Local Plan zones the site as NBE3A Green Belt' and not part of any planned land supply. The SPP states that the purposes of Green Belts include directing growth to the most appropriate locations and to protect and enhance the quality, character, landscape setting and identity of towns. It notes that Green Belt designation should provide clarity and certainty on where development will and will not take place. The Council has expressly defined Green Belt boundaries within the North Lanarkshire Local Plan and has very clear related policies on acceptable Green Belt proposals. On this basis, the proposal does not accord with this policy.

8.6 Otherwise, the proposed development also requires to be assessed against Development Strategy Policies DSP1−4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development).

8.7 Policy DSP1 'Amount of Development' is relevant, with specific reference to Criterion B Potential Additions to Planned Land Supplies due to the Green Belt status of the site. Additions to housing land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. In this instance, it is accepted that there is a recognised shortfall in housing land supply, with a requirement on the Council to provide a minimum 5−year housing land supply at all times. The development is considered to be acceptable when assessed against policy DSP1. 8.8 Policy DSP2 'Location of Development' further considers the strategic approach to development locations. Located in the Green Belt reference to Criterion B: 'potential additions to planned land supplies' is relevant. It is acknowledged that the application fails to comply with the primary Green Belt zoning of the site. Policy NBE3 'Assessing Development in the Green Belt' defines acceptable forms of development in the Green Belt, including proposals necessary for agriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoor recreation. Mainstream housing, as proposed here, would ordinarily be inconsistent. However, taking into account the strategic policy assessment in paragraphs 8.3−8.4 above and in respect to the requirements of SPP discussed in 10.1 below, it is considered that there is sufficient justification for the proposal in this instance. If approved, the development would maintain a clearly defined Green Belt boundary, would have an acceptable level of accessibility, would utilise the existing road network, would provide a developer contribution towards education provision, would not impact unacceptably on environmental assets, would not impact on any known constraints and would not impact adversely on town centres. In this regard, while technically contrary to the Green Belt zoning, the application is considered to be acceptable under policy DSP2.

8.9 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance Education Resources have provided a mechanism for securing the contribution to the educational estate required to serve the development. Taking the above matters into account, it is considered that the proposed development accords with Policy DSP3.

8.10 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. In terms of the local plan policy, proposals require to be assessed against a set of criteria and the paragraphs below assess the proposal against such criteria.

Design Principles Including Provision for the Development and Links to Nearby Green Networks

The applicant has submitted a Design and Access Statement which provides information with respect to the proposed site layout and house design. While on the periphery of the settlement of Bargeddie, views into the site are partially filtered by established and proposed trees, hedgerow and landscaping. There would also be a softer edge to the development through landscaping. As such, and taking into account the level of landscaping also afforded to Glasgow Road, the layout and nature of the housing proposed is considered to be acceptable. Materials can be controlled via conditions. The density is considered acceptable. The band of open space along the southern boundary of the site results in visual and acoustic benefits with regard to the proximity to the Viridor Waste Plant and conditions have been proposed to enable the control of landscaping and fencing within this area to further advance passive recreational benefits and biodiversity attributes. While play facilities are shown on the site layout plan, the detailed design and specification of this play area can be taken forward via conditions.

The applicant intends to retain the majority of trees along northern and eastern boundaries and to enhance visual amenity and landscape integration (as part of a wider landscape buffer), with new planting also proposed along the southern boundary with the Viridor Waste Plant. This maintains some continuity with the established local context. It is acknowledged that the tree survey supporting the application identified several trees along the northern boundary that are diseased, expressing concern regarding their condition and recommending removal. Further tree removal will be required to accommodate the footway along the site frontage onto Glasgow Road and to accommodate the footpath connection at the north−east corner of the site. It is also highlighted that these are covered by a TPO and currently have local landscape significance. On balance, the nature and extent of tree removal required in order to facilitate necessary pedestrian access to and from the site is deemed acceptable, given that many of the trees to be removed are in poor condition, there will be a replacement tree planting scheme and the fact that the green character and appearance of that part of the site will remain intact. Conditions are proposed to further advance the landscaping strategy to ensure control over any tree removal (that may be required as a result of disease or in minor instances due to local working requirements), and to ensure that where this may be justified adequate replacement landscaping is implemented. This should ultimately look to enhance and build upon established site boundaries with a longer term view, even where the removal of any mature diseased trees can be justified.

Safe, Inclusive, Convenient and Welcoming Development

Access to the site has evolved in discussion with NLC Transportation and it is considered that the development is now accessed in an appropriate manner from a single access off Glasgow Road. A review of the consultation outcome with NLC Transportation is set out in paragraph 6.2 and in planning terms it is considered that all matters have been satisfactorily addressed, or can be controlled via conditions. The proposed site layout has been designed to take account of national policy guidance 'Designing Streets' in order to create a greater sense of place, and provide a nature of street design that is more pedestrian and cyclist friendly. Overall, it is accepted that a softer nature to the development has been achieved whilst satisfactorily meeting functional requirements, and that all areas have a good degree of passive surveillance from the proposed housing. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with good green elements. A condition is proposed to ensure DDA compliant access is provided to the Play Area.

C. Energy Resources and Sustainable Development

In terms of sustainable development, it is acknowledged that the site's inclusion for development purposes has followed the emerging local plan process in light of housing land supply requirements in the wider area, and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

Air Quality, Noise and Pollution Impacts

With regard to noise, air quality and odour following consultation with NLC Protective Services and SEPA the nature and scale of development has been demonstrated to be acceptable in terms of its close proximity to the Viridor Plant. It should be noted that Viridor Ltd. were consulted by the Planning Service and also by the applicant through a series of meetings and have not commented on the application. e. Drainage and Water Body Status

Both Scottish Water and SEPA have been consulted and this has raised no objections as set out in section 6 of the report. Foul drainage is to be connected to the foul sewer and surface water drainage intended to be dealt with by a SUDS system/Basin, with ultimate adoption by Scottish Water. Conditions can be attached to ensure all requirements of Scottish Water, SEPA and general SUDS principles are satisfactorily achieved. The applicant also submitted a Flood Risk Assessment with the application and this raised no objection from SEPA in respect to flooding interests. This should also guide the final design of drainage infrastructure. Impact on Local Amenity

In considering the location of the site in relation to neighbouring residential properties, it is considered that there are no significant adverse impacts on their amenity in respect to sunlight/daylight, levels and privacy, with adequate standards being achieved. A condition is also proposed in respect to reviewing and approving appropriate boundary fencing.

8.11 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4 of the emerging NLLDP. In concluding the application's compliance with the North Lanarkshire Local Plan, it is noted that it complies with policies DSP 1−4 but is contrary to the current Green Belt zoning of the site.

9 Consultations:

9.1 NLC Education Resources. The applicant has expressed concern about the increase in the proposed financial contributions to mitigate the impact of the development on the educational estate from the initial consultation in July 2016 which proposed a figure of £204,545 to meet the costs of an extension to the capacity of St Kevin's Primary school to a figure of £1,248,000 in March 2017 to meet the costs associated with the development of a new school. This matter will need to be resolved in advance of the conclusion of the Section 75 agreement and both parties need to arrive at a figure which they deem acceptable while not impacting on the viability of the development. Should an agreement between interested parties not be forthcoming then the matter will be presented back to committee for further instruction.

9.2 In terms of the other consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.

Representations:

9.3 Following neighbour notification and a notice in the local press, no letters of representation were received.

10. Material Considerations

Scottish Planning Policy (SPP)

10.1 Scottish Planning Policy (SPP) is an important material consideration. SPP says that where (as is the case here) there is less than a five year supply of effective housing land, development plan policies for the supply of housing are not to be considered up to date and the presumption in favour of development which contributes to sustainable development is to be a significant material consideration. In such cases any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the wider policies in SPP should be taken into account.

10.2 In this case it is accepted that there is a shortfall in the effective housing land supply. It is also highlighted that in the emerging LDP, the site is proposed for residential purposes; and that an assessment of the application against other local plan policies raise no significant impacts. In these circumstances, construction of 160 houses on the site would make a contribution to the housing shortfall. 10.3 SPP also identifies the uses of Green Belt designation. These are directing development to the most appropriate locations, supporting regeneration, protecting and enhancing the character and landscape setting of the settlement; and protecting and enhancing access to open space. It confirms that where Green Belt designation is justified, it will be for local development plans to define the boundaries as part of their spatial strategies. In this case, it is considered for the reasons set out earlier in the report, a departure from the primary zoning can be justified and with limited impact.

Emerging Development Plan

10.4 The Planning and Transportation Committee approved the Proposed North Lanarkshire Council Local Development Plan on 10 August 2016 and the consultation period expired on 24 March 2017. A report will be presented to committee in due course advising of the outcome of the consultation and recommending the next course of action.

10.5 This site was put forward by the land owner as a suitable housing site in the 'call for sites' process of the LDP. This was assessed against a sustainability and deliverability matrix. This site was not considered one of the most suitable to meet shortfall in Airdrie/Coatbridge Housing Sub−Market Area based on its performance against the Sites' Sustainability and Deliverability Matrix criteria/factors. However following a separate Urban Boundaries Review process, this site is included within the Urban Boundary and therefore was identified as a 'Future Housing Development Site', these being sites which have the potential to be developed to meet future housing need. The LDP document states that such sites would have to be justified on the basis of housing need and or locational circumstances. The case for housing need has been established and the location has been demonstrated as being sustainable.

10.6 The exact nature and extent of representations received in relation to the proposed designation at this site is not yet known but it can be confirmed that some objections have been received. The implication for this is that (in normal circumstances) the proposed designation would be the subject of examination by Scottish Government Reporters as part of the LDP process. However, if planning permission were to be granted then that would effectively allow an LDP zoning for housing to be confirmed and there would be no need for the zoning to be examined by the Reporters. In any case, given the stage in the process of the emerging LDP, it is considered that limited weight can be given to the proposed designation of this site at this time. Instead, it is suggested that significant weight should be given to Scottish Planning Policy (as noted above) which states that significant weight should be given to bringing forward sustainable sites (such as this) which will assist in addressing the housing land shortfall.

10.7 It must be acknowledged that for those who may have objected to the site's designation in the LDP, they will be denied the right to be heard by Reporters in the LDP examination process. However, it should also be noted that there were no representations submitted as part of the planning application process. Also, whilst the importance of a plan led system is recognised it is not possible for the Council to await the conclusion of the LDP process (anticipated to be early 2018) before it identifies the means of addressing the current and pressing housing land shortfall, as demonstrated by the recent appeal decision for housing on the north side of the application site, bearing in mind that site was also in the Green Belt but did not even feature as a proposed site within the proposed LDP.

10.8 The emerging Strategic Development Plan (Clyde Plan 2016) is at a more advanced stage in its process, having been though Examination and the Reporters' report published. Fundamentally, the vision and strategy of the emerging Clyde Plan does not differ significantly from that taken in the approved SDP and therefore would not (as a material consideration) change the assessment of this particular proposal.

11. Conclusion

11.1 In terms of an assessment of the proposal against the development plan, it is noted that the site's current designation as Green Belt ensures that the proposal is contrary to both the adopted Local Plan and approved Strategic Development Plan. However, it should also be noted that some support is given to the proposal through policies DSP 1−4 in the Local Plan and Strategy 10 in the SDP. Furthermore, significant weight must be given to the proposal via SPP in that the site and development are considered to be sustainable and that the development could assist in addressing the current housing land shortfall.

11.2 In terms of a detailed assessment, the layout and design is shown to be acceptable. In particular, despite not meeting the guidance for buffers between waste management sites and the new residential development, the applicant has demonstrated that the 150m buffer between the site and the adjoining waste plant is sufficient. Also, a suitable means of mitigating education impact is available, albeit further discussions with the developer are required.

11.3 On balance therefore, the proposed development is considered to be an acceptable departure from the development plan and it is recommended that planning permission should be granted subject to conditions and the appropriate Section 75 Legal Agreement. Application No: Proposed Development:

16/01372/FUL Installation of Biogas Energy/Anaerobic Digestion Plant

Site Address:

Davidson Grain Merchants Gray Street Shotts MI−7 5EZ

Date Registered:

5th September 2016

Applicant: Agent: Shotts Biogas Ltd Stewart Renewables Ltd Shotts Biogas 8 The Oaks 4D Auchingramont Road Killearn Hamilton Glasgow MI−3 6JT G63 9SF

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat No representation received. Charles Cefferty, Thomas Cochrane, James Robertson,

Recommendation:

Approve subject to conditions

Reasoned Justification:

The proposed development is acceptable in terms of its impact upon the amenity of the nearby residential properties, will provide sustainable energy and meets the criteria set out in the economic development and waste management policies within the North Lanarkshire Local Plan.

Proposed Conditions:

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be C−implementedC in accordance with drawings, DF−PL−1 D, A−A (REF DF−CS−2 C), B−B (ref: DF−CS−3 B), (ref: DF−CS−4 B) and DF−LP−1 B.

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

2. That BEFORE the development hereby permitted starts, a comprehensive site investigation requires to be submitted. The investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication, Model Procedures for the Management of Land Contamination CLRI 1, and be submitted in both hard copy and electronic format.

Reason: To ensure potential risks within and around the site has been fully assessed before the development starts.

3. That for the avoidance of doubt, any remediation works identified by the site investigation required in terms of Condition 2 above, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a qualified Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination.

4. That the design, installation and operation of any plant for the commercial operation of the proposed development and any other noise associated with the completed operational development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.

Reason: In the interests of the amenity of nearby residents.

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

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

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 7. That BEFORE the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water 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.

7. That BEFORE the development hereby permitted starts, the initial ecological survey Arcona Ecology Ltd. dated September 2015 hereby approved shall be updated to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & C.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.

8. That BEFORE the development hereby permitted starts, details of the proposed noise attenuation fence as outlined in the Enviro Centre Noise assessment February 2017 and in accordance with Enviro Centre advice for the installation of a 2.4m high close board fence positioned shall be submitted for the approval of the planning Authority and thereafter constructed in accordance with the plans approved before the plant and machinery is first operated.

Reason: To consider this aspect in detail to reduce noise levels generated by the operations in the interest of amenity.

9. That BEFORE the development hereby permitted starts, an intrusive site investigation shall be undertaken to establish the exact situation regarding the coal mining legacy on site. For avoidance of doubt this shall include the submission of a scheme of intrusive site investigations for mine entry and shallow coal mine workings, including a plan showing the exact location of the mine entry and any consequential amendments to the layout which may be required. The findings of this site investigation shall be submitted to the Planning Authority in the form of a detailed report for written approval in consultation with the Coal Authority. Any remediation works deemed necessary to implement this development shall be outlined in this report.

Reason: To ensure that matters relating to coal mining risk are adequately addressed.

10. That any remediation works identified by the site investigation required in terms of Condition 9, shall be carried out to the satisfaction of the Planning Authority in consultation with the Coal Authority, a certificate (signed by a Chartered Engineer experienced in mining works) shall be submitted to the Planning Authority confirming that the remediation works have been implemented in accordance with the relevant Coal Authority Guidance.

Reason: To ensure that matters relating to coal mining risk are adequately addressed.

11. That notwithstanding the operation of the development hereby approved, feedstock for the anaerobic digestion process shall be restricted to the following products (or any other products agreed in writing with the Planning Authority beforehand).

. Pot ale syrup • Whole crop silage • Spent brewers/distillers grains

Reason: In accordance with submitted details and to In the interest of residential amenity. 12. That BEFORE the development hereby permitted starts, a scheme of landscaping, including boundary treatment,include:−(a) shall be submitted to, and approved in writing by the Planning Authority, and it shall a scheme of native tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted along the boundary. (b) a timetable for the completion of these works contemporaneously with the development.

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

13. That prior to the development hereby permitted being completed, all planting, included in the scheme of landscaping and planting, approved under the terms of condition 12 above, shall be completed; and any trees, shrubs 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.

14. That no development shall take place within the development area until the applicant has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Investigation agreed by the Archaeology Service and approved by the Planning Authority.

Reason: In the interest of recording Archaeology associated with this site. Background Papers:

Consultation Responses:

Archaeology Service memorandum received 22 nd September 2016 Scottish Environment Protection Agency letter received 27 October & 15th November 2016 Traffic & Transportation memorandum received 14th October 2016 NLC Greenspace memorandum received 9th November 2016 & 17th March 2017 Environmental Health (including Pollution Control) memorandum received 27th September 2016 The Coal Authority letter received 201h September & 21st November 2016

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500

Report Date:

4th April 2017 APPLICATION NO: 16101 372/FUL

REPORT

1. Site Description

1.1 The application site lies at the southern end of a large industrial complex and is characterised by an informal/unsurfaced yard area where low level ground vegetation has began to regenerate. Outwith the site to the south west is the historic tower (grade c listed building) and wall of the former Shotts Iron works dating from 1860−1880. The site is elevated above street level on banking which is retained by a masonry wall of cream sandstone. This banking places the site some 15 to 20 metres above surrounding land. To the north−west of the site is Shotts leisure centre, library and the war memorial beyond. Shotts health centre and car park lies to the south with a filling station and residential properties positioned west of the site beyond Benhar Road. The east of the site is bounded by a large are of green recreational open space and the South Calder water. To the north of the site are 2 large industrial sheds with parking/hardstanding associated with the Davidson Brothers site.

2. Proposed Development

2.1 The applicant proposes an anaerobic digestion facility for the generation of biogas (bio methane) from waste material associated with the grain business operated by Davidson Brothers (e.g. crop silage spent brewers/distillers grains etc). Gas generated from the facility would be used to power a Combined Heat and Power (CHP) facility. Heat, gas and electricity generated would be used either by Davidson Brothers as heat into the existing adjacent animal feed produces operation adjacent (Davidson's) or be fed into the grid. The by product remains of the process will then be used as an agricultural fertiliser locally. The proposed structures on site are:

• tanks measuring 32 metres in diameter and 8 metres in height with associated plant • Storage areas • SUDS pond • Access track using existing vehicular access onto Stable Road • Combined Heat and Power Plant with associated plant.

2.2 In considering transport impacts the applicant advises in his design statement that there will be 3 main sources of additional road transport relating to the development, annually.

• The import of pot ale syrup (PAS) and distillery draff of 12,000tpa to the plant by road tanker and covered tipper, with a GVW of 44 tonnes, carrying a payload of 28 tonnes. This will necessitate an additional 430 annual vehicle movements to and from the site, an additional 1.5 vehicle movements per day on average, in both directions.

• 4,000tonnes of feedstock will come from on−farm, leaving 20,000 tonnes of imported crop feedstock.

• Therefore, assuming payloads of 28 tonnes, this will result in a maximum of an additional 715 annual vehicle movements or 2.5 vehicle movements per day, on average

• The total projected additional vehicle movements equate to 4 per day or 8 per day in both directions. 3. Applicant's Supporting Information

3.1 A supporting statement was received outlining the proposed development. The statement provided information on the project, location of the application site, the purpose of the proposed development and the details of the proposed equipment along with the relevant planning policies and addressed visual impact, odour, noise and natural and cultural heritage. Other reports include:

• Drainage design • Phase 1 Habitat survey • Noise impact assessment • Visual setting assessment • Coal mining risk assesment

4. Site History

4.1 The site has no significant recent planning history thought the site has a substantial industrial legacy.

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 zoned as EDI 1 Al Existing Industrial and Business Areas in the North Lanarkshire Local plan; policies EDI3 Al Recycling Centres, DSP 4 (Quality of Development) and Supplementary Planning Guidance (SPG) 10 Assessing Planning Application for Waste Developments is also material to the assessment of this application. The site also contains a listed structure and requires to be assessed against policy NBE1 Bc Protecting the Natural and Build Environment (Listed Buildings) and Historic Environment Scotland's Guidance on setting of listed buildings.

6. Consultations

6.1 SEPA confirms no objection to the planning application provided the applicant makes early contact regarding the licensing variation. The definition of waste is set out in SEPA's standing advice and in the waste framework Directive (75/442 EEC as amended by 91/156 EEC et seq) and regulated by SEPA through the pollution prevention and control regulations.

6.2 NLC Protective Service (Pollution Control) have no objection to the proposal provided a comprehensive site investigation is submitted prior any development, the noise levels during installation and operation of the equipment do not exceed the recommended NRC levels and that the proposed acoustic panels/enclosures are installed prior operation of the plant equipment. Conditions have been included to ensure a comprehensive site investigation report will be received prior development, the acoustic panels/enclosures will be installed prior operation and the recommended NRC levels will be achieved during installing and operation of the proposed facility.

6.3 NLC Greenspace recommended the submission of a protected species survey and listed species potentially impacted upon by the development. They also requested detail on the site drainage arrangement. The applicant has submitted the appropriate level of information in satisfying Green Space recommendation. 6.4 Coal Authority confirmed that the site lies within a high risk category area and initially had fundamental concerns with the coal mining legacy of the site which has now been satisfactorily addressed. The Coal Authority is now satisfied that remedial measures outlined in supporting information may be conditioned and therefore withdraws its objection to the application.

6.5 Transportation has no objection to the proposal.

6.6 Archaeology Service commented on the potential for archaeology remains on this site. They recommended that in advance of construction an experienced and suitably qualified archaeological contractor undertake a programme of archaeological works by way of mitigation regarding the potential loss of the site. A condition is therefore recommended should members approve this application.

7. Representations

7.1 No objections to the proposed development were received following the neighbour notification procedure or local press advertisement.

8. Planning Assessment

8.2 The proposal is within an industrial area indentified as EDI I Industrial and Business Areas. As such, the Council has indicated general support for the continuing industrial and business character for this area including existing waste management facilities by assessing proposed ancillary and change of use developments within such areas against criteria including; potential to undermine the attractiveness as a location for business and industry and specific locational requirement.

8.3 Policy EDI3 Al Recycling Centres is also of relevance and states that the Council supports, in principle, all forms of renewable energy. Supplementary Planning Guidance 10: Assessing Planning Application for Waste Developments is a material consideration. This guidance supports the Scottish Government's Zero Waste Plan and also supports waste management applications where located within:

i. Industrial business or storage and distribution land (EDI 1A) or site allocated in the development plan. ii. Contaminated or degraded land.

Furthermore, the guidance offers support for development that:

• Delivers additional capacity to the zero waste plan Annex B • Complies with EU Waste Framework Directive, The National Waste Plan (Scotland's Zero Waste Plan). • Shows consideration of sustainable transport of waste

8.4 The generation of biogas (bio methane) from waste (generated from brewing process by product off site) utilising existing empty vehicle movements onto an existing operational industrial business site concurs with the foregoing criteria thereby complying with Policy EDI3 Al.

8.5 The North Lanarkshire Local Plan also requires proposed developments to be assessed against Development Strategy Policies; DSP 1(Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, due to the scale, location and nature of the development, the proposal will be assessed against DSP 4 (Quality of Development). Policy DSP4 states that development will only be permitted where high standards of site planning and sustainable design are achieved. Proposals should demonstrate that the proposed development integrates into the wider area in terms of design, scale, parking, road access, noise and odour. DSP4 also requires that waste facility proposals should also address energy and resource issues in order to create a sustainable development through effective storage, collection of waste and recyclable materials.

8.6 In assessing the impact of the development on the character of the existing industrial area, it should be noted that this application proposes the sustainable use of distillery by−product transported by otherwise empty returning HGV's to generate energy for use with the neighbouring industrial process with the potential for onward transmission of gas into the grid. It is considered that given its relatively low visual impact and the presence of existing infrastructure and buildings approved dwarfing this operation it is reasonable to conclude that the impact on the existing industrial area is acceptable thereby complying with the relevant policy.

8.7 Considering, the design and amenity implications it should be noted the equipment would be erected to the rear of the site, adjacent the existing large industrial buildings in the immediate background with no dwellings within 150 metres. The proposed equipment would be largely hidden from view by the existing landscaping surrounding the site with only sequential views of the top of the proposed tanks immediate surrounding roads. However given the variation in level, existing mature vegetation and the siting of tanks within the site they would not significantly impact on the visual appearance of the wider area. In terms of noise and odour pollution, the application includes supporting information which confirms the process is entirely contained and that there would be no release of odour into the atmosphere or significant noise impact. It should be noted that odour impact is a matter which would be addressed by SEPA as part of a licence.

8.8 In turning to noise pollution the supporting document confirms noise producing plant will be containerised and acoustically insulated and screened from nearby residential properties However to ensure the noise levels are approximately controlled, a planning condition is recommended ensuring acceptable noise levels are achieved and ensuring that additional noise mitigation measures are incorporated into the scheme.

8.9 In considering the ecological impact resulting from the development of this site NLC Greenspace recommended that a protected species survey be undertaken and results submitted in a report. The applicant duly responded to this request with information supporting their position, as such, the impact of the proposal on protected species has been fully resolved. On that basis the proposal accords with Policy NBE I A (protecting the natural and built environment), Natural Environment (6) protected species.

8.10 Historic Scotland sets out their advice on managing change in the historic environment: in a series of guidance notes the publication on setting is considered relevant in this case given the close proximity of the listed structures associated with the former Shotts Iron Works. This guidance note sets out the principles that apply to developments affecting the setting of historic assets or places including listed buildings. As development is proposed in proximity to this listed structure the impact of the new development on the tower was considered in a broader landscape/townscape context not least as the setting often extends beyond the curtilage of historical assets.

8.11 Historic Environment Scotland advises, in their guidance notes, that if the proposed development is likely to affect the setting of key historic asset (listed structure) objective written assessment a , an should be prepared by the applicant to inform the decision making process. The applicant in this case submitted supporting information demonstrating that the impact on the setting of the listed structure could not be reasonably considered significant due to the elevated nature of the site, townscape context, existing mature planted boundary ( screening), the relationship of the structure to the proposed location of the proposed development within the site, existing and extensive surrounding industrial development, all of which combine in resultant restricted views into the site from public elevations and sense of place. Views to, from and across or beyond the site are largely screened by trees immediately around the site boundary in addition to the elevated nature of the site. The supporting information and site visit are therefore considered sufficient in assessing the impact on the setting of this structure.

8.12 In considering the historic significance of this site the Council's consultant archeologist recommended a condition to establish and record existing site archeology. Policy protecting the built environment (Listed Buildings) NBE1C also advises that development shall not impact adversely upon important views or upon the site or setting of component features which contribute to their value. It is therefore concluded, given the foregoing, that the proposal complies with this policy as well as satisfying Historic Environment Scotland's guidance on setting.

8.13 Other material considerations

Scottish Planning Policy recommends the need for buffer zones between dwellings and some waste management facilities. In the case of anaerobic digestion, the guidance suggests a buffer of 250 may be appropriate. In this case, the nearest house is lOOm from the site. As defined by SEPA, the material used in the process is not defined as 'waste' and arguably will have a much lower impact in terms of odour compared to other materials e.g. household waste. As such, in protecting the amenity of the limited number of dwellings falling within the buffer zone it is recommended that the feed stock intended for use in the anaerobic digestion process be restricted by planning condition to that associated with the brewing process and agricultural crop silage.

Conclusion

8.14 It is considered that the proposal accords with relevant policies within the Local Plan and associated supplementary guidance. In terms of transport, visual, noise and odour impacts and impact on the nearby listed building, the proposal is considered acceptable, subject to suitable conditions. Accordingly, it is recommended that planning permission should be granted. Application No: Proposed Development:

16/01 649/PP P Residential Development in Principle, with New Access and Associated Infrastructure Site Address:

Site To The South Of And Including 100 Sykeside Road Airdrie

Date Registered:

5th September 2016

Applicant: Agent:

J & P Hannaway Houghton Planning 50 Sykeside Road 102 High Street Airdrie Dunblane MI−6 9RQ FK15 OER

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 010 Coatbridge South James Brooks, John Higgins, lmtiaz Majid, 300 letters of representation (161 letters of objection, 139 letters of support), a petition supporting the development with 2175 signatures and an objection from Monklands Glen Community Council was received

Recommendation: Refuse

Reasoned Justification: The proposed development is considered to constitute an inappropriate and unjustified development in the Green Belt, which if approved would result in a material change to the character of existing Green Belt around Sykeside. Supporting material considerations do not outweigh the provision of the development plan, not least, as the proposal is contrary to the Sustainable Location Assessment of the Glasgow and Clyde Valley Strategic Development Plan 2012, as well as, policies DSP2 and NBE3 of the North Lanarkshire Local Plan protecting the Green Belt from inappropriate development. It is also contrary to Scottish Planning Policy and Policy DSP 4 as it has not been demonstrated that the development will not place buildings and persons at flooding risk or to protect and enhance the water body status of the watercourse on site.

Notification and Legal Agreement Should the members be minded to grant planning permission then the application must be referred to the Scottish Government under the provisions of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 due to the SEPA objection on flooding grounds. Thereafter, planning permission should not be issued until a legal agreement is concluded to address education mitigation contributions from the developer. Reproduced by permission of the Ordnance Survey behalf on Planning Application: 16!01649/PPP North of HMSO. © Crown Copyright and database right 2009. All FW rights reserved. Ordnance Name (of applicant): J & P Hannaway Council Survey Licence number Site Address: Site To The South Of And 100023396. Including 100 Sykeside Road Airdrie A

Development: Residential Development in Principle, with New Access and Associated Infrastructure Recommendation:Reasons:−TheRefuse for the Following

application is contrary to the Sustainable Location Assessment of the Glasgow and Clyde Valley Strategic Development Plan 2012, policies DSP2 and NBE3 of the North Lanarkshire Local Plan, and Scottish Planning Policy, as the development is considered to be an inappropriate and unjustified form of development in the Green Belt, specifically through the expansion of this part of south Airdrie and the related effect on the character of the area resulting in an unacceptable erosion of the Green Belt, and Green Belt function at this location.

2. The proposed development is contrary to Policy N BElA and DSP4 of the North Lanarkshire Local Plan 2012 in that the proposed development would have significant adverse impact upon a Site Important for Nature Conservation and the proposal does not provide social or economic benefits to outweigh such adverse impacts.

3. The application is contrary to the Sustainable Location Assessment of the Glasgow and Clyde Valley Strategic Development Plan 2012 ,Policy DSP4 of the North Lanarkshire Local Plan in that it has not been demonstrated that the proposed development would encourage a modal shift away from private car use, resulting in an over reliance on private car use. The proposal, therefore, could not reasonably be held to support the sustainable transport aims of the Development Plan.

4. The proposed development is contrary to Scottish Planning Policy and Policy DSP4 of the adopted North Lanarkshire Local Plan as the applicant as the applicant has failed to demonstrate that the development will not place buildings and persons at flooding risk or result in a significant flooding event thereby failing to protect and enhance the water body status of the watercourse on site.

5. The proposed development is contrary to the Sustainable Location Assessment of the Glasgow and Clyde Valley Strategic Development Plan 2012, in considering the relevant criteria cumulatively and on balance the proposal is not supported by Strategy support measure 10, as such, this site is considered an unsustainable location for residential development. Background Papers:

Consultation Responses:

Traffic & Transportation memorandum received 18th November 2016 Scottish Power Environmental Planning letter received 7th September 2016 Environmental Health (including Pollution Control) memorandum received 8th September 2016 Scottish Environment Protection Agency letter received 26th September 2016 and 22 ndMarch 2017 Scottish Water letter received 22 ndSeptember 2016 Scottish Gas Network letter received 15th September 2016 The Coal Authority letter received 14th September 2016 NLC Greenspace memorandum received 17th November 2016 Education memorandum received 9th September and 12"' September 2016 Archaeology Service memorandum received l5" September 2016 Play Services Manager memorandum received 15"' September 2016 Historic Environment Scotland letter received 13"' September 2016

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500

Report Date:

7th April 2017 APPLICATION NO. 161016491PPP

REPORT

1. Site Description

1.1 The site is approximately 2.4 Hectares in area and lies to the south of Sykeside Road. The site is split into two distinct uses with the northern section being occupied by an operational waste management and skip hire business characterised by a large shed (approximately 840 metres in area and 8 metres in height) and a yard containing plant for the processing of stockpiled materials. The north of the site also contains a 1.5 storey dwelling belonging to the current site owner which has its main public elevation facing Sykeside Road. The site currently has two accesses, one opposite the shed and one to the west of the dwelling both connecting internally to the yard area of the business and externally onto Sykeside Road. There is a third gate access which is locked and overgrown which lies midway between both accesses currently in use. The yard area is bounded by a 2 metre metal palisade security fence. The southern section of the site is part of the wider rural area and has (within the last 12 months or so) seen the removal of the majority of trees and shrubs within that area. An unnamed watercourse crosses the site in a westerly direction in this part of the site towards the canal.

1.2 To the north is a housing development comprising two storey detached dwellings. The site is bounded to the west by a landscaped tree line following the route of a section of the Monkland canal (disused) and North Calder Water beyond. Further to the west is an area of public open space where the Council has future plans for a new school (subject to planning and other consultation). To the east of the site is a field and thereafter a farm track connecting Sykeside Road to three individual rural residential properties and open fields beyond. The site, narrows to the south where it is bound by woodland following the route of the Monkland canal.

2. Proposed Development

2.1 The application which is in principle proposes a new residential development (indicative 60 to 100 dwellings) accessed via 100 Sykeside on to Paddock Street (currently the access for a waste management facility) on Paddock Street. Landscaping and junction improvements are proposed suitable for a residential site.

3. Applicant's Supporting Information

3.1 The applicant has provided various pieces of supporting information summarised as follows:

• Pre−application Consultation Report • Design Statement • Transport Statement • Coal Mining Risk Assessment • Ecology Report

4. Site History

4.1 Planning history includes the following application received at the site location:

• Planning application 95/053121C0U use of storage yard as scrap yard/transfer station for builder's material (rubble and garden waste) and the erection of 2 metre high boundary fence. 5. Development Plan

5.1 This application raises issues of a strategic and local nature and therefore must be considered in terms of both the Strategic Development Plan and Local Plan.

5.2 In terms of the North Lanarkshire Local Plan 2012, the northern portion is identified as EDI IAI (Existing Waste Management Facility) and the southern part identified as NBE3 A (Green Belt). Policy NBE1 (Protecting the Natural and Built Environment) is relevant given that the southern half of the site is identified as a Site of Interest for Nature Conservation (SINC) and that the canal is designated as a scheduled monument.

6. Consultations

6.1 SEPA objected to the proposal on grounds of identified flood risk. Following SEPA's initial comments the applicant submitted a flood risk assessment (FRA). Consequently SEPA maintained their objection on the grounds that the development may place buildings and persons at flood risk contrary to Scottish Planning Policy. Should the Council be minded to grant planning permission in principle, SEPA advise that a planning condition relating to the protection and enhancement of the watercourse within the site in accordance with the water Frame work Directive should be applied, otherwise SEPA advise that this constitutes further grounds for refusal. Further information was requested but not received the applicant instead requested that the application be put to the Planning and Transportation Committee for decision.

6.2 NLC Environmental Health (Pollution Control) has no objection in principle and provided comments on the potential for land contamination, noise from road traffic and air quality all of which are recommended to be the subject of condition should the members be minded to approve the application.

6.3 Coal Authority has no objection to the application, subject to a planning condition in respect to ground conditions.

6.4 NLC Protective Services raise no objection. Comments are given in respect to noise, construction impact and Site Investigation requirements.

6.5 NLC Greenspace Development (Access & Biodiversity) has no objection to the proposal in principle and provided comments in respect to protected species and access. In respect to access, while confirming that no core paths, or claimed Rights of Way cross the site, it is noted that core path 193 lies beyond the site boundary on the west side of the Monkland canal and should be kept open and unimpeded during any construction works. Greenspace recommend timed surveys dependent on the commencement of development which are recommended as the subject of planning conditions including potential mitigation should planning permission be granted.

6.6 NLC Traffic and Transportation have raised no objection, providing comments on both the Transportation Assessment (sustainable transport, see paragraph 9.6) and the indicative layout, recommending design requirements on the latter relating to visibility and junction spacing. They also comment that due to the excessive walking distances to both bus and rail services, the proposed site cannot be considered one which would encourage modal shift away from private car use. Consequentially, there would be an over reliance on private car use when commuting to and from the development.

6.7 NLC Learning and Leisure advise that based on projected school rolls for the catchment area, should all effective and non−effective housing be built, the non denominational primary will operate at 100% and the denominational primary will operate at 106%. While there is slight flexibility within the new campus which would allow for the additional requirements for denominational sector to be met along with mitigation the service can take to control intake of non−catchment pupils. Therefore, education expects the new campus adjacent to this site will be at capacity even before future demand (including this application) has been identified. Based on these figures the Education Authority do not support further development in this area as it will place additional capacity pressures on a school campus which is expected to operate at capacity in future years.

6.8 Play Services recommend that there will be a requirement to provide play provision commensurate with planning guidelines. The recommendation is for the developer to provide play provision within the housing development rather than a contribution for off −site provision as they advise that there is not a safe walking route to the nearest Council owned play area at Cromarty Road.

6.9 The Council's Archaeology advisors have no objection to the application, providing advice on both the visual and physical impact on the historic environment and recommending a planning condition securing the implementation of a programme of archaeological works recording the site archaeology prior to the commencement of development.

6.10 Historic Environment Scotland considers that the proposal does not raise issues of national significance and confirmed that they have no objection in principle to the proposal.

6.11 Scottish Water has no objection to the proposal in principle.

6.12 Scottish Power has no objection to the proposal in principle and advised on the location of their apparatus.

6.13 Scotland Gas Network has no objection to the proposal in principle and advised on the location of their apparatus.

7. Representations

7.1 161 letters of objection, 139 letters of support and a petition supporting the development with 2175 signatures has been received. An objection from Monklands Glen Community Council was also received, following the neighbour notification procedure and advert in the local press. Objections and reasons for support are summarised into sections as follows:

Green belt

• The proposal will result in a loss of designated Green Belt. • New housing should be directed to brown field sites. • Adverse impact on character of area • Adverse impact on rural amenity • Constitutes non conforming development in the Green Belt Contrary to National policy. • undesirable precedent set for the loss of Green Belt land • proposal will result in a loss of gateway access to the countryside • Loss of natural educational resource

Ecology

• Adverse impacts on natural habitats and local wildlife resulting from current proposal. • Removal of trees in April 2016 in advance of this application is likely to have impacted on setting and ecology. • Habitat survey has not properly recorded a protected habitat.

Infrastructure

• Adverse impacts on local health and school provision • Adverse impact on local roads which are already congested. • Reduction in road safety • Public transport provision is insufficient • Adverse impact on education infrastructure provision • Adverse impact on local services (medical and social care) • Drainage infrastructure will not eliminate runoff. • Adverse traffic impact on proposed neighbouring school and area • Exacerbation of existing flooding due to topographical changes

Amenity

• Development will impact on local amenity • The development will result in construction disruption

Historic environment

• Inappropriate setting for housing due to historic significance and heritage of this area. • Impact on Palacecraig House (B listed building) (see setting guidance) • Site archaeology should be investigated due to historic significance and heritage of this area.

Housing tenure

• Why is no affordable housing proposed with this development? • There is no shortage of available private housing existing in the district.

Economic benefit

• No long term economic benefit to the area will be derived from this development.

Pollution control

• Potential for land contamination release from the area exists. • A decrease in air quality will result from additional traffic • Increased noise levels will result from the completed development • The proposal will be built next to waste recycling plant and major industrial route

Miscellaneous

a) Previous applications for housing on this site have been refused. b) Adverse visual impacts upon the designated path network will result from this proposal. C) This is a gateway development for the larger adjacent site Land to North of A8 & South Of Sykeside Road & Calderbank Road Sykeside Road, Airdrie d) The development may not eventually be completed. Support

• New build housing supports the local economy. • The removal of the existing waste transfer station will improve residential amenity. • The site has no positive recreational value. • Location of the site is adjacent to proposed school development with consequential impact of the waste transfer facility. • Improved Road Safety (removal of commercial vehicles from the site) • Reduction in anti social behaviour

8. Planning 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.

8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde Valley Strategic Development Plan 2012 and the North Lanarkshire Local Plan. The application is of strategic significance due to the scale of the development and the zoning of the site in the adopted Local Plan.

Glasgow and Clyde Valley Strategic Development Plan

8.3 As noted in paragraph 5.1 above, the southern portion of the site is within the Green Belt. This includes part of the operational skip hire/waste transfer station which appears to have encroached into the Green belt area. Looking at Diagram 4 of the SDP, the development is not considered to be in line with the Spatial Development Strategy given its incursion into the Green Belt.

8.4 The Spatial Development Strategy within the Glasgow and Clyde Valley Strategic Development Plan notes that the Green Belt is central to the sustainable planning of the Glasgow and Clyde Valley city region and provides support to the positive action−orientated Green Network programme (a pro−active approach to wider environmental improvement throughout the plan area). In terms of the Spatial Vision of the SDP, it highlights that the Green Belt is an important strategic tool with a significant role to play in achieving key environmental objectives by directing planned growth to the most appropriate locations, and creating and safeguarding identity through place−setting and protecting the separation between communities. The SDP goes onto consider that the review of Green Belt boundaries should be a priority of Local Development Plans so as to ensure those key environmental objectives are achieved. The applicant makes no reference to the approved Glasgow and the Clyde Valley Strategic Development Plan 2012 (SDP) in his supporting planning statement.

8.5 Policies in the (SDP) provide general strategic guidance on the location of development. Strategy Support Measure 10 Housing development and local flexibility' notes that local authorities should continue to audit their housing land supplies in light of prevailing market conditions with a view to maintaining an appropriate five years effective housing land supply guided by a defined sustainable location assessment, taking into account the vision of both the SDP and local development plan.

8.6 The SDP also considers known demand and need, established in the Development Plan. While it is the position that the North Lanarkshire Local Plan identified the formal allocation of sites through due process and that any remaining shortfall should be addressed through subsequent reviews of the Development Plan (which offers a well considered planned approach), private sector houses on small sites or further windfall development (which this site is not considered to constitute), or through the assessment of applications for other sites which can be demonstrated as being acceptable in planning terms delivering within the development plan review cycle. The applicant argues in his submitted planning statement that there is a shortfall in the effective housing land supply in the Central sub market area and this is accepted. It is worth noting that the applicant, without explanation, does not consider the Strategic Development Plan (SDP) relevant in this case, as outlined in paragraph 4.3 of his planning statement. The applicant has, however, submitted tables and figures from the report on Clydeplan (published 201h March 2017) citing extracts from the report purporting to demonstrate a housing land shortfall in the Airdrie and Coatbridge sub —market area. It should be noted that the emerging Strategic Development Plan is currently subject to examination by Scottish Ministers and therefore caries little material weight in considering this application. That said the current housing land supply position as outlined in the adopted SDP is discussed below (paragraph 8.10) where the shortfall in this sub market area is conceded.

8.7 The SDP also considers sustainability within the Sustainable Location Assessment of the development (as contained within Diagram 4), firstly identifying need and whether the spatial development strategy supports its spatial role or function. Sustainability is assessed in terms of Spatial Development Strategy under a number of criterion listed Strategic Support Measure 10 'Housing development and local flexibility' as outlined in the following paragraphs.

8.8 Policies in the SDP provide guidance on the strategic location of development in a broad approach. Strategy support measure 10 refers specifically to housing development and combined with Diagram 4 provides a methodology for assessing proposals where these don't relate to an identified need or demand established through the development plan process. Local plan policy DSP1 also considers potential additions to planned land supplies. Collectively they act to ensure that Local Development Plans allocated housing remains sufficient and a five year effective housing land supply remains.

8.9 Notwithstanding the provisions of the development plan the central considerations in this assessment are considered as follows,

• Housing Land Supply • Impact on the development plan strategy • Impact on the green belt • Flood risk • Other material considerations including the presumption in Scottish Planning Policy in favour of development which contributes to sustainable development (see section 9).

8.10 The applicant has stated that he considers there to be a shortfall in the Housing land supply but has not presented any discourse on the fact and degree of this short fall. That said, the existence of a housing shortfall is significant in considering policy DSP1 (see paragraph 8.17) as this policy covers the circumstance of additional housing land supplies where they are considered against demand assessment criteria. The Council however concedes on the basis of the derivation of the housing land supply figure and timing of this development (outlined in paragraph 8.16) that there is a shortfall in the Central Sub Market area (CSMA).Given that there is a current identified shortfall of effective housing land (CSMA) there emerges a requirement to consider the application against the spatial strategy policy guidance in the SDP.

8.11 Strategy support measure 10 provides the policy framework for early release of land in advance of the adoption of the emerging Local Development Plan enabling a contribution to the five year effective housing land supply. This is directed by Diagram 4 (sustainable location assessment) in determining the suitability of the site in sustainability terms. 8.12 In turning to Strategy support measure 10 the following criteria are considered:

Diagram 4

Many of the criteria set out in the diagram are not applicable however the following are considered to merit further discussion:

• Sustainable transport: the applicant submitted a transportation statement which following assessment the Councils transportation section concluded, 'that due to the excessive walking distances to both bus and rail services, the proposed site cannot be considered one which would encourage modal shift away from private car use. There would be an over reliance on private car use when commuting to and from the development' As such, the application could not reasonably be held to support the sustainable transport aims of the Development Plan.

• Water environment: the applicant submitted a flood risk assessment and drainage strategy which following assessment by the Scottish Environment Protection Agency (SEPA) concluded that the development may place buildings and persons at flood risk contrary to Scottish Planning Policy. SEPA also advise that the protection and enhancement of the watercourse within the site in accordance with the water Frame work Directive has not been agreed consequently SEPA has objected to the proposal, as such, it has not been demonstrated that the impact on the water environment is acceptable.

• Low Carbon Economy: it is considered that the development would not fall into any of the economic development categories. The only economic benefit would come from the period of construction which being an indicative 60 to 100 houses is not considered significant in impact on the overall competitiveness of the region.

• Climate change: While the site has been the subject of previous development this has been exclusively historical relating to the industrialisation of Lanarkshire, as outlined by Dr. IA Glen's historical sketch (representation submission). The ecological value of the site is borne out in its designation as a Site Important for Nature conservation (SINC), prior to the removal of trees by the land owner in April 2016. It therefore continues to be regarded by the approved development plan as well as the emerging plan as undeveloped land in the Green Belt. The construction of dwellings on this green belt designated land could not reasonably be considered to minimise the development footprint of the city region. Allied to transportations comments the principal mode of transport likely to be the car the location discouraging more sustainable modes of transport gives rise to an addition to the regions carbon footprint and green house gas emissions.

• Green network the proposal also requires assessment in terms of impact on the green network and green belt objectives. This is discussed in paragraphs 8.18 and 8.19. Suffice to state for this section of the report that residential development of this site is not considered to support the aims of the green network or green belt objectives.

In considering the foregoing elements together, it is not reasonable or rational to conclude that the proposal accords overall with the criteria within diagram 4 and cannot therefore reasonably be considered a sustainable development under the terms of the Sustainable Location Assessment irrespective of the scale of the development. Strategy support measure 10 also considers the following:

• Infrastructure, members may wish to note Education's comments (paragraph 6.7) which concludes that based on projected school roles for the catchment area Learning and Leisure do not support further development in this local area as it will place additional capacity pressures on a school campus which is expected to operate at capacity in future years. This approach to infrastructure provision and speculative house building, when placed out with the development plan process, as in this case, cannot reasonably be considered sustainable in terms of infrastructure provision. That said, Strategy support measure 10 refers to 'insurmountable infrastructure problems' and regardless of Education's comments, it has not been demonstrated that this is indeed the case, thereby leaving the way to explore the prospect of additional infrastructure provision.

• Scale while the final development footprint is yet to be determined the applicant estimates that the site will yield a potential 60 to 100 units which is considered deliverable over the next 5 years should the members move to approve the application.

• Vision and planning principles the SDP in its spatial vision supports the promotion of green infrastructure formal and informal, corridors and pathways, playing , open space, green spaces, parks trees and natural green spaces as key parts of the urban environment of the city region. These spaces collectively provide for biodiversity and healthy living and integrate the urban−rural areas of the city region. The use of this area for recreation by local residents is well documented in the objections submitted. The loss of this resource to development cannot reasonably be considered to concur with the vision and planning principles of the SDP.

On balance the proposal is not supported by Strategy support measure 10 which provides the policy framework for early release of land in advance of the adoption of the emerging Local Development Plan as this site continues to be considered an unsustainable location for residential development.

8.13 In considering the applicants supporting documents the principal argument may be summarised in planning terms as follows. The SDP figures confirm a minimum housing shortage within North Lanarkshire that will not be addressed due to serious short comings and non —delivery of existing zoned housing sites. The Scottish Planning Policy (SPP) guidance as to how the planning system should address delivery of new homes (identify 5 year supply of effective house land) is central to this argument. In making such an argument the applicant is proposing that the material considerations on this site outweigh the local plan policies of the North Lanarkshire Local Plan in that the site does not perform any Green Belt function and the proposed development could immediately contribute to the claimed housing shortfall. This is discussed further below in the context of the local plan.

North Lanarkshire Local Plan (NLLP):

8.14 The Northern section of the site (most but not all of the operational site) is zoned as EDI 1A1 Existing Waste Management Facility with the North Lanarkshire Local Plan considering the remainder of the site as NBE3A 'Green Belt' and not part of any planned land supply.

8.15 The applicant considerers that there is a shortfall in the five year effective supply of housing land required by the development plan and Scottish Planning Policy. Given the derivation of this figure (housing land supply headline figure in the SDP to be achieved within the plan cycle) and the current status of the emerging local development plan, it is accepted that given the remaining time in the emerging plan coming forward, there is not an effective 5 year housing land supply supporting the Central sub market area where this site lies.

8.16 Policy DSPI Amount of Development' therefore becomes important in considering a potential addition to the supply of housing land, Criterion B Potential Additions to Planned Land Supplies due to the Green Belt status of the site. Additions to housing land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. Given the accepted shortfall discussed in paragraph (8.10 and 8.11) above, it follows that this proposal may be considered an addition to the planned land supply thereby complying with policy DSP 1. Notwithstanding the matter of land supply, development of the application site to be appropriate also requires assessment against Policy DSP2 'Location of Development' and Green Belt Policy and whether it would impact on the function of the Green Belt, retaining a significant landscape setting and self contained defensible boundaries which would otherwise enable further incursion into the Green Belt.

8.17 Policy DSP2 'Location of Development' further considers the strategic approach to development locations. Located in the Green Belt and not forming part of the strategic housing land supply (as set out in policy HCF2 'Promoting Housing Development and Community Facilities'), reference to Criterion B: 'a Potential addition to planned land supplies' is relevant. This states that new development may be granted in the Green Belt, where they are consistent with locational criteria (maintaining clearly defined urban and rural boundaries) and the associated Supplementary Planning Guidance (SPG) on Green Belt Development. Additionally given that the southern part of the site lies within the designated Green Belt it cannot by definition be considered simultaneously as brownfield as the applicant suggests. This application does not seek urban regeneration, which by definition is laid out in policy DSP2, as using brownfield urban land and existing urban infrastructure and services. This argument is contrived to give the impression of two adjacent, though differing plan designations, combined into one co−joined development site. While clearly a large proportion of the site lies out with the urban envelope its relationship is one of single ownership and not single land use designation. In terms of setting, the site while having a defensible boundary, along the canal and road boundary the same cannot be said of the eastern edge of the site which is bound only by open countryside and farm land beyond. The spatial form of the greenbelt should be appropriate to the location which is realised through the plan process rather than an urban incursion through speculative development, as in this case. Allied to this is the standpoint that the applicant has not sufficiently demonstrated specific demand for residential development within this site, or substantive justification to demonstrate why this form of development cannot be provided on another appropriately zoned site. As the site neither has clearly defined urban rural boundaries (no defensible boundary to the east) and is not a brown field site, as borne out by the continued green belt designation in the emerging plan and Site important for Nature conservation (SING) designation, it is considered that the setting of the proposal fails to define clear boundaries between the urban and rural and in not doing so constitutes an inappropriate and unjustified development in the Green Belt contrary to the vision and planning principles of the SDP This policy . also seeks to enhance social inclusion and integration by improving access to community facilities. In this respect this area forms part of the setting for the recreational foot path network, as such; approving this development diminishes rather than improves access to the wider community facility for existing residents. In considering the environmental assets of the site the again the proposal does little to safeguard the location for the protection of the SING or the area for the enjoyment of nearby residents. On balance the proposal is not supported by Policy DSP2 (Location of Development).

8.18 In this respect, policy NBE3 'Assessing Development in the Green Belt' is also relevant. This defines acceptable forms of development in the Green Belt, including proposals necessary for agriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoor recreation. Mainstream housing, as proposed here, is inconsistent. The associated SPG outlines the key purposes of the Green Belt as set out in Scottish Planning Policy (SPP) as including directing growth to the most appropriate locations, and to protect and enhance the landscape setting and identity of towns. As noted, this proposal is considered to result in the expansion of South Airdrie, resulting in a significant effect on the character of the area and loss of a section of self regenerating environ contributing to the wider Green Belt function. The application is therefore considered to be contrary to policy NBE3 'Assessing Development in the Green Belt', SPG 07 (Green Belt) as well as DSP 2.

8.19 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. In broad terms, it is accepted that in technical terms, the development could be developed with acceptable impacts, subject to consideration of a detailed application. It is however noted that a Proposal of Application notification (P0AN) has been submitted for a school campus adjacent (16/01429/PAN) which will see the merger of two existing schools. Education's comment that no provision has been made in the local plan allocation for this residential proposal and thereby its potential impact on schools infrastructure requires consideration. As such, Education recommends that while there is slight flexibility within the new campus which would allow for the additional requirements for denominational sector to be met along with mitigation the service can take to control intake of non−catchment pupils. Therefore, Education expects the new campus adjacent to this site to be able to cope only with the identified future demand. Therefore, based on these figures the Education does not support further development in this area, commenting that it will place additional capacity pressures on a school campus that is expected to operate at capacity in future years. That said, should members decide to approve the development impact on education infrastructure may be considered in the context of a section 75 legal agreement in considering the ability to meet or contribute to the cost of providing or improving additional infrastructure.

8.20 Policy DSP4 (Quality of Development) states that development will only be permitted where high design standards of site planning and sustainable design are achieved a consideration which is predominantly considered at the detailed stage of the planning process. That said, part 3(a) of the policy considers links to nearby green networks in considering design principles and in this case a site framing a green community resource will be lost to the residential development. Developments are also required to integrate successfully into the local area avoiding harm to neighbouring amenity and adverse impact on adjacent properties. The provision of vehicular access also requires to be assessed. It is however anticipated that the replacement of the existing industrial operation currently on this site with residential would only serve to improve residential amenity generally in the area.

8.21 In considering part 1 ground stability, the Coal Authority was satisfied with the broad conclusions of the submitted Mining Instability Investigation Report. Pollution control commented on potential contamination and it is recommended site investigation requirements which should be the subject of a planning condition should members be minded to approve this application.

8.22 In terms of part 2 of the policy the applicant has submitted an ecology habitat survey, and supplementary information on protected species and habitat. It is considered that wildlife interests have been considered and where relevant safeguarded. A condition is recommended should the members approve the application in that should 12 months or more elapse from the initial habitat survey submitted with this application then a further survey should be undertaken. Part 2 also seeks to protect the historic environment, wild life interests and landscape setting which are discussed further under Policy NBE1 Protecting the Natural and Built Environment (paragraphs 8.26 − 8.28).

Drainage and Water Body Status

8.23 SEPA, in their consultation response, highlight a significant list of outstanding matters in addressing flood risk, as such, the applicant has failed to demonstrate that the development will not place buildings and persons at flooding risk or result in a significant flooding event thereby failing to protect and enhance the water body status of the watercourse on site. It is therefore considered that the proposal does not comply with Policy DSP4 (Quality of Development) or Scottish Planning Policy on that basis.

8.24 In considering the principle policy covering the existing waste management facility the relevant reference Policy EDI1 (Protecting Economic Development Areas and Infrastructure) comments that the Council will support the continuing industrial and business character of existing industrial business areas, where appropriate, including waste management facilities by considering relevant criteria listed in the supplementary planning guidance. Given the historic and singular use of this site and the desire for the applicant to relocate his business within the district, it is considered that the relocation and general compliance with the relevant criteria supports the proposal in superseding the entire waste management facility for residential development and is therefore acceptable in principle. Some initial detail of business relocation and in particular number of employees currently employed at the site was forwarded by the applicant confirming that the current operation employs three workers, all of whom are related and have an interest in the current operation. The applicant confirmed that other employees are transient and employed on a casual basis when the operation requires.

8.25 It is estimated that the section of the site currently given over to waste management is also currently promoted for residential development being proposed for an estimated 20 units. The applicant comments in his supporting statement that he wishes to relocate his business to a new site within the district (subject to a planning assessment). It may therefore be argued that there is no requirement to demonstrate specific demand for residential development within this site or substantive justification to demonstrate why this form of development cannot be provided on another appropriately zoned site as the operation of this waste management facility lying within the urban envelope is not viewed as a potential addition to planned land supplies. It is however reasonable to state that the predominant reason for local support of this application is the relocation of the waste processing and transfer yard though many residents simultaneously do not support the loss of the green belt land segment of the site. It is therefore considered that the proposed development cannot be considered contrary to Policy EDI1 of the adopted North Lanarkshire Local Plan.

8.26 Policy NBE1 Protecting the Natural and Built Environment Greenspace advise that the site contained woodland, providing a riparian buffer along the Monkland Canal. The southern portion of the site has a local designation as a site important for nature conservation (SINC), mixed aged woodland suitable for a number of protected species habitats and importantly a green network through the wider area. In the spring of 2016 the woodland was removed, leaving only a single line of trees along the canal bank, and a small group of trees to the east of the site. This policy exists to protect the natural environment from development. It states that planning permission will only be granted for proposals potentially affecting SINC's if it can be demonstrated to the Council's satisfaction that there will be no adverse impact or that any impact can be mitigated in environmental terms relevant to the impact. Should the members be minded to grant then it will be necessary to ascertain whether it is possible to mitigate in environmental terms relevant to the impact. This may in part be achieved through a robust landscape plan replacing trees which have been lost with others of an appropriate age and species, to be planted within the proposed development in a manner likely to re−establish the former green corridor connecting neighbouring networks.

8.27 Policy NBEI also considers protection of the built environment and it should be noted that the development boundary lies adjacent to a Scheduled monument (Monklands Canal), Paddock Street to intersection with North Calder Water (index No. 11344). Historic Environment Scotland has reviewed the development proposal and confirmed that it will not directly impact on the fabric of the canal and lies within an area which has already seen substantial development and is therefore not likely to cause significant adverse effects on the setting of the monument. As the proposed development lies in close proximity to the scheduled area, particularly along the northern edge of the site, the subsequent detailed applications would be expected to respect the setting of the canal and this may also include an application for scheduled monument consent.

8.28 In terms of visual impact, the applicant has not submitted supporting information for assessment at the principle stage. However given the transformative nature of the proposal, this would arguably also lead to the loss of recreational and connecting countryside location currently used by nearby residents for amenity purposes and robust additional landscaping along the canal corridor which runs around the site would be expected. As such, should the members be minded to approve this application a condition requiring substantial boundary planting along the boundary with the canal is recommended as forming part of the landscape submission secured by condition as development of the site will inevitably erode the rural appearance and rural connectivity while resulting in a marked visual change to neighbouring residents positioned on the current boundary. That said the visual prominence of the site alone would not justify preventing development. In that respect, it is accepted that this policy does not in itself constitute reason for refusal. Nonetheless, the physical impact of development does actively contribute to lessening the separation between local settlements, and in this respect it is considered that landscape character in a broader sense would be altered.

8.29 In respect to more technical assessment points, should planning permission in principle be granted, it is accepted that a suitable layout could be achieved subject to detailed consideration. This would include the submission of further detail in complying with current adopted standards. Similarly, in terms of infrastructure requirements, while challenges have been identified, no substantive reason for refusal has emerged from the consultation process. On transportation matters, the applicant has submitted a Transportation Statement and notwithstanding the various points raised by Traffic and Transportation, it is accepted that in technical terms, the development could be accommodated and it is noted that Transportation have no objection to the access arrangements proposed. As the application is in principle only, it is accepted that final details of the internal layout could be considered as part of a future application ensuring the outstanding matters identified through the consultation process are satisfactorily achieved. The relative distances of the site from current public transport provision is not of a magnitude sufficient in recommending refusal of this application on that basis alone as outlined in (paragraph 8.12) taken collectively with additional criteria combine to make this site unsustainable in terms in overall terms.

8.30 DSP2, DSP4 and NBE1 'Protecting the Natural and Built Environment' seek to ensure the appropriate protection of protected species. Furthermore, wider legislation in respect to statutorily protected species places legal responsibility upon planning authorities to carefully consider any possible impacts before granting planning permission.

8.31 Drawing together consideration of the North Lanarkshire Local Plan, it is concluded that the proposal is contrary to policies DSP2, DSP 3, DSP4 and NBE3. Accordingly, given this conclusion and the assessment of the SDP in earlier paragraphs, it is concluded that the proposal is contrary to the Development Plan and must therefore be refused planning permission unless material considerations suggest otherwise.

9. Material Considerations

Scottish Planning Policy (SPP):

9.1 SPP provides general principles by which Scottish Planning Policy and other land use matters should be assessed. The purposes of Green Belts include directing growth to the most appropriate locations and to protect and enhance the quality, character, landscape setting and identity of towns. It notes that Green Belt designation should provide clarity and certainty on where development will and will not take place. The Council has expressly defined Green Belt boundaries within the North Lanarkshire Local Plan and has very clear related policies on acceptable Green Belt proposals. The nature and extent of the development proposed here is contrary to those policies and therefore, Scottish Planning Policy.

9.2 SPP indicates that 'where a proposal would not normally be consistent with Green Belt policy, it may still be considered appropriate either as a national priority or to meet an established need if no other suitable site is available'. No component of the proposed development could be justified as an overriding national policy and in terms of established need an effective short term housing land supply has been identified by the development plan process, subject to periodic review (currently in progress), as such, this is not considered to be an appropriate site, with more appropriate ways of addressing this matter as identified through the North Lanarkshire Local Plan examination process.

9.3 Where there is an identified shortfall of housing land or where the local plan is considered out of date, Scottish planning policy enables the consideration of housing policy in Local Plans in bringing forward sustainable sites (in addressing a shortfall in housing land) as a material consideration. In particular, Scottish Planning Policy makes a presumption in favour of development that contributes to sustainable development. Relevant summarised extracts of SPP are as follows:

Maintaining a 5−year Effective Land Supply:

Para 123−125. Planning Authorities should actively manage the housing land supply to ensure a generous supply of land for house building is maintained and there is always enough effective land for at least five years. Planning authorities, developers, service providers and other partners in housing provision should work together to ensure a continuing supply of effective land and to deliver housing, taking a flexible and realistic approach. Where a shortfall in the 5−year effective housing land supply emerges, development plan policies for the supply of housing land will not be considered up−to date.

Para 33 Where relevant policies in a development plan are out−of−date, then the presumption in favour of development that contributes to sustainable development will be a significant material consideration.

For the avoidance of doubt, it is accepted that there is currently a shortfall of housing land across North Lanarkshire and in the Coatbridge/Airdrie area in particular. It is however considered that for the reasons given above, the development is not considered to be sustainable.

9.4 The applicant has submitted additional information referring to the report on Clydeplan published 201h March 2017. The comment was made that the report continues to show a shortfall in the Airdrie and Coatbridge Housing Sub−Market Area. In response, the proposed Clyde Plan 2016 is the emerging Strategic Development Plan currently subject to examination by Scottish Ministers and therefore caries little material weight in considering this application. This report does not contest that there is a shortfall prior to the adoption of the Clyde plan but rather the consideration of housing land supply being an additional material consideration does not outweigh the provisions of the adopted development plan. It is worth noting that the applicant, without explanation, does not consider the Strategic Development Plan (SDP) relevant in this case, as outlined in paragraph 4.3 of his planning statement. The applicant has, however, submitted tables and figures from the report on Clydeplan (published 201hMarch 2017) citing extracts from the report purporting to demonstrate a housing land shortfall in the Airdrie and Coatbridge sub —market area. As stated above the emerging Strategic Development Plan is currently subject to examination by Scottish Ministers and therefore caries little material weight in considering this application. That said the current housing land supply position as outlined in the adopted SDP is discussed below (paragraph 8.10) where the shortfall in this sub market area is conceded. Local Development Plan Process'

9.5 In response to the applicant's comments on Housing Land Supply, it is conceded that while this is a strategic matter to be addressed appropriately through the Local Development Plan process, rather than incrementally through planning applications, the shortfall within the Central sub market area, has resulted in the programmed housing land supply not being fully realised through the plan process thereby being open to additions to the housing land supply through policy DSP 1. Housing Land Supply conditions will always vary in time and even where there is an interim identification of short fall, additions to this have been considered. That said, it is the Councils position that any interim position on housing land supply, being a material consideration does not appear sufficient justification for a departure from Green Belt policy as this site has not been demonstrated to be sustainable in terms of Strategic Support Measure 10.

9.6 As part of the emerging Local Development Plan Process, the Council requested developers submit suitable development sites, commonly known as "Call for Sites" for consideration. As part of that process, the applicant submitted that this application site would be a suitable housing site. This process enabled all sites to be considered consistently and strategically in terms of the development plan process and the wider area. Having given this site due consideration to this site, the Council moved to exclude the part of the site within the Green Belt as a promoted housing proposal from the emerging plan (promoting only part of the area which is the waste management yard for residential development). The remainder of the site continues to be protected retaining its function as Green Belt. It should also be noted that notwithstanding the applicants view that this area of Green Belt is diminished in value due to its historic industrial heritage the applicants use of the term brown field is misleading not least as the continued semi rural setting of the southern part of the site does not appear on the vacant and derelict land register rather it retains an additional important function in framing this heritage site through which a section of the Monklands Canal (Scheduled Monument) remains.

Emerging Development Plan

9.7 The Planning and Transportation Committee approved the Proposed North Lanarkshire Council Local Development Plan on 10 August 2016 and the consultation period expired on 24 March 2017. A report will be presented to committee in due course advising of the outcome of the consultation and recommending the next course of action.

9.8 As outlined above, this site was put forward by the land owner as a suitable housing site in the 'call for sites' process of the LDP. This was assessed against a sustainability and deliverability matrix. This site,Sub−Marketas a whole, was not considered suitable to meet shortfall in Airdrie/Coatbridge Housing Area based on its performance against the Sites Sustainability and Deliverability Matrix criteria/factors. However following a separate Urban Boundaries Review process, the north part of the site (skip hire yard) is included within the Urban Boundary and therefore was identified as a 'Future Housing Development Site', this being a site which has the potential to be developed to meet future housing need. The LDP document states that such sites would have to be justified on the basis of housing need and or locational circumstances. In this instance the case for need (for the site as a whole) is overshadowed by issues of Green Belt policy for the southern portion of the site and issues of sustainability for the entire site.

9.9 The exact nature and extent of LDP representations received in relation to the proposed designation at the north part of the site is not yet known but it can be confirmed that some objections have been received. The implication being that unless planning permission is granted the proposed designation would be the subject of examination by Scottish Government Reporters as part of the LDP process. In any case, given the stage in the process of the emerging LDP, it is considered that limited weight can be given to the proposed designation of this site at this time.

9.10 The emerging Strategic Development Plan (Clyde Plan 2016) is at a more advanced stage in its process, having been though Examination and the Reporters' report published. Fundamentally, the vision and strategy of the emerging Clyde Plan does not differ significantly from that taken in the approved SDP and therefore would not, as a material consideration, change the assessment of this particular proposal.

Defensible Green Belt boundary

9.11 It is acknowledged that national policy accepts that in some circumstances coalescence may create a more sustainable settlement pattern. However, it is also highlighted that Green Belt designation can otherwise be used to retain the existing character around settlements, and the argument to retain the site within Green Belt is firmly consistent with SPP. On balance any decision to support development which would erode the greenbelt separation towards Carnbroe should essentially be a strategic one, to be addressed either in an overall review of the Green Belt, or in a Local Development Plan. However a lack of defensible boundary in connecting the site to the wider countryside is notable in its omission, in defining the urban edge of this part of the settlement.

10. Assessment of Consultation Responses and Representations

Representations:

10.1 In response to representations, the following comments are given on topic subjects put forward:

Green belt

It is accepted that if approved the proposal will result in a loss of designated Green Belt. In considering this policy one of its key aims is to direct new housing to urban brown field sites for regeneration thereby avoiding any adverse impact on character of area and erosion of rural amenity. As such the proposal constitutes a non conforming development in the Green Belt contrary to national as well as local policy. Given the significance of this policy in protecting the rural area from inappropriate development, there is the potential in setting an undesirable precedent for the loss of Green Belt land in approving this proposal. Similarly, there is the potential that the proposal will result in a loss of gateway access to the countryside for nearby residents and as a consequence the additional loss of natural educational resource as stated by objectors.

Ecology

Potential adverse impacts on natural habitats and local wildlife were considered through the submission of a habitat survey and pre start surveys are also recommended should the members be minded to approve this application. The removal of trees in April 2016 in advance of this application is likely to have significantly impacted on setting and ecology of the site. Habitat and the potential for protected species have been recorded within the site and subject to consultation with green space development.

Infrastructure

In considering adverse impact on local roads and the potential for a significant reduction in road safety including traffic impact on the immediate area and proposed neighbouring school I would draw the members attention to paragraph (6.6) above where Transportation have no objection to the proposal in principle subject to condition. Similarly in considering public transport provision, this matter is discussed in paragraph (10.4) below. The impact on education infrastructure provision is discussed in paragraph (6.7, 8.12 & 8.19) above. Adverse impact on local services (medical and social care) is not considered significant given the scale of this development against the wider catchment for medical provision in North Lanarkshire The efficiency of drainage infrastructure in dealing with runoff volumes would be a matter for consideration at the detailed stage should members me minded to approve this application. The potential for flooding is considered in paragraph (6.1) above.

Amenity

While approval of the proposal is likely to result in a loss of rural amenity it is less reasonable to argue that a residential development will impact significantly on the on local amenity of a neighbouring residential development, notwithstanding the removal of the existing industrial area. It is however, recognised that all development results in a level of construction disruption however where this becomes significant measures are in place to consider appropriate action.

Historic environment

Historic Environment Scotland (HES) considers that the proposal does not raise issues of national significance and confirmed that they have no objection in principle to the proposal. In so far as considering the Impact on Palacecraig House (B listed building) (HES) guidance on setting was considered. Historic Environment Scotland advises, in their guidance notes, that if the proposed development is likely to affect the setting of key historic asset (listed structure) objective a , an assessment should be undertaken to inform the decision making process. In considering the location of the development in relation to the listed building the following provides an assessment. Impact on the setting of the listed structure could not be reasonably considered significant due to intervening separating distances, the depressed nature of the site topography, existing townscape context including existing industrial structures and features, mature planting on the boundary ( providing a level of screening), the relationship of the listed structure to the proposed location of the development, existing industrial development and structures, much of which combine in resultant restricted views into the site from prominent public elevations and do not significantly erode the listed buildings sense of place. The supporting information and site visit are therefore considered sufficient in assessing the impact on the setting of this listed building. Site archaeology will be investigated due to historic significance and heritage of this area and may be considered the subject of a condition should the members be minded to approve the application.

Housing tenure

The affordable housing policy does not apply out with the northern sub housing area. The availability of private housing existing within the in the district is discussed in paragraph (8.9) above.

Economic benefit

The economic benefit to the area is discussed in paragraph (8.12) above under policy which considers economic benefit only where the proposal accords with the principle of the policy.

Pollution control

Potential for land contamination release from the area, a decrease in air quality and resultant noise levels are considered through the submission of a relevant technical assessment and report at the detailed stage of the planning process. Therefore, it is recommended that all these matters be the subject of a planning condition should the members be minded to approve this application. The proposal will replace the waste recycling plant significantly reducing industrial activity locally.

Miscellaneous

a) There is no prescribed limit for the number of applications a developer may submit. b) Green space advise above (paragraph 6.5) has no objection to the proposal in principle and provided comments in respect to access confirming that no core paths, or claimed Rights of Way cross the site, it is noted that core path 193 lies beyond the site boundary on the west side of the Monkland canal and should be kept open and unimpeded during any construction works. c) I would draw your attention to the section on Green Belt (section 10) above. d) There is the potential for all developments to stall financially and thereby remain incomplete for a period this however not a material is planning consideration.

Petition in support of the development

The proposed housing development is supported by 2175 signatories, on grounds that its approval will result in the removal of an existing waste recycling yard within the application site boundary. Petitioners consider that this development will bring and increase in residential amenity in terms of noise levels, disturbance and improved road safety. The site has also been the subject of anti social behaviour; however this last point is not a material planning consideration. Petitioners consider that the loss of the portion of the site in the green belt is justified against when considered against the removal of the recycling yard.

Consultation Responses

10.2 In respect to matters raised through consultation responses not already addressed in this report, the following comments are given:

10.3 The comments from Protective Services and the Coal Authority in regard to Site Investigation and ground conditions could be addressed by planning condition.

10.4 In considering sustainable transport matters raised Transportation advise in their comments that:

• PAN75 recommended guidelines state that access to public transport service should be less that 400metres.The nearest bus stops or public transport facilities on Sykeside Street and Paddock Street are 602m and 741 m if measured from the furthers point on the proposed site. Furthermore, the nearest bus stops to the site are served by buses 16, 77 and 117.Whilst three services would seem enough, a check of the time schedules reveal only 2 services per hour and in some cases 1 per hour. This cannot be considered as frequent. Given the distances involved in accessing public transport and the less frequent bus services, the proposed site cannot be said to be readily accessible via public transport.

On balance NLC Transportation advise that these additional distances are considered significant in generating a dependence on personal transport and are considered a sufficiently material to be considered contrary to DSP4 Quality of development which promotes sustainable design, in particular integration with public transport DSP 4 (3b).

• A junction spacing of 100 meters is recommended along the length of Sykeside Road.

• A visibility splay of 4.5 metres by 35 metres is recommended.

• Sykeside Road is an adopted carriageway and therefore applicant will be required to specify the type of pedestrian crossing facilities and ensure that the crossing is in accordance with current requirements and standards. These latter technical requirements are recommended as the subject of planning condition should the members decide to approve the application.

10.5 In terms of the other consultation responses received, with the exception of flood risk, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions attached to any permission should the Committee approve the application.

11. Conclusions

11.1 The applicant contends that there is a minimum housing shortage within North Lanarkshire that is unlikely to be addressed within the current plan cycle is considered. Scottish Planning Policy (SPP) guidance as to how the planning system should address delivery of new homes (identify 5 year supply of effective house land) is central to the applicants argument. The applicant is essentially proposing that the material considerations outweigh the policies of the North Lanarkshire Local Plan in that the site does not perform any Green Belt function and the proposed development could thereby immediately contribute to the claimed housing shortfall. In balancing this argument, while the shortfall in housing land is acknowledged, it is also recognised that additional sites must also be sustainable and support the function of the green belt. The site, while having a defensible boundary, containing it within the urban envelope, along the canal and road boundary does not have a similar boundary along its eastern edge of the site which is bound only by open countryside and farm land beyond. In essence the spatial form of the green belt should be appropriate to the location rather than an urban incursion, as in this case.

11.2 The application assessed against the development plan is not considered sustainable when assessed against Strategy support measure 10. Similarly, the proposal does not concur with policy NBE3 'Assessing Development in the Green Belt' or accord with Policy DSP2 'Location of Development'.

11.3 In considering the provision of education infrastructure Policy DSP3 (Impact of Development) and in protecting the natural environment Policy NBE1 Protecting the Natural and Built Environment, on balance the development is considered contrary to both policies.

11.4 Drawing together consideration of the North Lanarkshire Local Plan, it is concluded that the proposal is contrary to policies DSP2 and NBE3, for reasons relating to unacceptable impact on the Green Belt. Accordingly, given this conclusion and the assessment of the SDP, it is also considered that the proposal is contrary to the Development Plan and must therefore be refused planning permission unless material considerations suggest otherwise.

11.5 In considering drainage and flooding, SEPA are not satisfied that the developable area is not at risk from flooding and consequentially the possibility of flooding is considered sufficient to recommend refusal of the application. It is also noted that there are potential watercourse enhancement challenges within this site which remain unresolved.

11.6 The applicant refers to Scottish Planning Policy (paragraphs 32, 33, 38 and 125), as being a material consideration where a greater weight should be afforded than that of the polices in the adopted Development Plan. The foregoing discussion of the report considers that the site cannot be described as sustainable.

11.7 Drawing all these factors together, the proposed development is considered to constitute inappropriate and unjustified development in the Green Belt, specifically by virtue of a lack of defensible boundary to the east of the site, which if approved would result in a material change to the character of existing Green Belt around Sykeside. Despite the applicant's proposition that, material considerations supporting the development outweigh the provision of the development plan. On balance this argument is not supported by the adopted Development Plan or borne out in the detail of the submitted application, not least, as the proposal is also contrary to the Sustainable Location Assessment of the Glasgow and Clyde Valley Strategic Development Plan 2012, as well as, policies DSP4, DSP2 and NBE3 of the North Lanarkshire Local Plan. An objection from a statutory consultee on flood risk grounds has not been satisfactorily resolved to the satisfaction of Scottish Planning Policy further reducing the sustainability of the site for development. A number of objections from neighbours relating to the loss of Green Belt is sustained while the support expressed for the development and resultant loss of the waste management site has merit, in improving the residential amenity, the longstanding nature of this use does not on balance outweigh the provisions of the development plan. It is therefore recommended that planning permission be refused.

11.8 Should the Council be minded grant planning permission, no permission should be issued until a Legal Agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 has been finalised, agreeing appropriate provisions for mitigation against impacts upon local education provision, as a result of the development.

11.9 Similarly, Should the members be minded to grant planning permission then the application must be referred to the Scottish Government under the provisions of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 due to the SEPA objection on flooding grounds. Application No: Proposed Development:

16/01850/MSC Application for matters specified by condition of application 14/01849/PPP consisting of 247 residential units, associated drainage, infrastructure, road and landscape works.

Site Address:

Land to South of Johnston Loch Gartcosh

Date Registered:

11th January 2017

Applicant: Agent: Persimmon PLC / Avant Homes (Scotland) EMA Architecture and Design Persimmon House 42 Charlotte Square Fulford Edinburgh Y019 4FE EH2 4HQ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 005 Strathkelvin 8 letters of representation and a petition William Hogg, Frances McGlinchey, John containing 390 signatories received. McLaren, Brian Wallace

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed residential development of 247 houses is considered to be in accordance with the relevant policies contained in the North Lanarkshire Local Plan 2012 and could be accommodated without unacceptable detriment to the character and amenity of the surrounding area. The development is considered to satisfactory comply with the conditions of planning permission in principle 14/01849/PPP.

Note to Committee

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Reproduced by permission of Planning Application: 16!01850/MSC the O;dranceSurvey on Name (of applicant): Persimmon PLC! N North behal of HMSO. @ Crown 4 Copyright and database right Avant Homes (Scotland) 1 Lanarkshire 2009. All rights reserved. Site Address: Land to South Council Ordnance Survey Licence Johnston Loch, Gartcosh offr number 100023396. Development: Application for matters specified by condition of application 14!018491PPP consisting of 247 residential units, associated drainage, infrastructure, road and landscape works. ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, or updated as required under the terms of any planning conditions, the development shall be implemented in accordance with drawingnumbers:−Layout

Levels16028(PL)001_K

and Sections

16028(PL)200; 16028(PL)202; E10815−1001E; E10815−1001F; 16028(PL)201_A BOUNDARY SECTIONS; 16028(PL)202_A BOUNDARY SECTIONS 2

House Types

ASY/020/13A REV M; ASY/020/RA REV M; ASYD/SC/T036/001 REV B; DGG2I005, DSG1/001; E10815/0901 REV B; HAN/020−01/13A REV L; HAN/020−01/RA REV L; HAN/S/SC/T036/001 REV B; NEN/020/13A REV L; NEN/020/RA REV L; NEN/D/SCIT036/001 REV A; NOR/D/SCITO36/001 REV A; NOY/020/BA REV L; NOY/020/RA REV M; ROY/020/13A REV N; ROY/020/RA REV M; V5ROY/D/5C/036/001;−TF−0886T( SG1 /001; V5−TF−061 3T(l 0)501; V5−TF−0799T(1 0)501; V5−TF−0805S(1 0)501; V5−TF−1 10)501; V5−TF−0931 D(1 0)501; V5−TF−0957D( 10)501; V5−TF−0990D(l 0)503; V5022T(l−TF−1 0)501; V5−TF−1 033S( 10)501; V5−TF−1 21 2D( 10)507; V5−TF−1 239D(1 0) 504; 407D(1 0)507; V5−TF−1 481 D(l 0)501; WEY/020/RA REV L; WEY/D/SC/T031 /001

Landscaping

476.02.02b Rev B; 497.02.03; 497.02.04; 497.02.05; 497.02.06; 497.02.07; 497.02.08; 497.02.09; 497.02.10; 415.02.20 Boardwalk Detail

Fencing and Boundary Treatment

16028(PL)090_G Boundary Treatments & Elevation Finishes; SC/TRAD/DET/13/01; SC/TRAD/DET/1 3/03; SC/TRAD/DET/1 3/05; SC/TRAD/DET/1 3/108; SCITRAD/DET/l 3/25 REV A; SCITRAD/DET/13/29 REV A; F18 rev. C; F4; 16028(PL)090C

Drainage

E10815−2201A; E10815−2103A; E10815−2102A; E10815−2304; E10815−2401A; E10815−2402A; E10815−1002E Avant; E10815−1002E Persimmon

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

2. That before the development starts, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation (carried out in accordance with British Standard Code of Practice BS 10175: 2001 "The Investigation of Potentially Contaminated Sites") shall be submitted to and approved in writing by the Planning Authority; and any approved mitigation measures shall be associated with a implementation timetable and shall be completed and verification provided by the Developer to the satisfaction of the Planning Authority.

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

3. That any remediation works identified by the site investigation required in terms of Condition 2 above shall be completed in accordance with the implementation timetable. 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 any agreed Remediation Strategy. Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents. 4. That before the construction of any roads or houses, unless otherwise agreed in writing with the Planning Authority; full details of the final 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.

5. That the surface water drainage scheme approved under the terms of condition 4 above 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 CIRIA Manual and the approved plans.

6. 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 sewerage and surface water drainage arrangements.

7. That all works included in the approved scheme of landscaping and planting, shall be completed in accordance with a timetable that is agreed in writing with the Planning Authority within 3 months from the date that development starts. This shall include additional interim landscaping for the site of the neighbourhood centre, details of which shall also be approved in writing with the Planning Authority within 3 months from the date that development starts. 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. Thereafter, the landscaping shall be maintained in accordance with the maintenance schedule set out in drawing 476.02.02b.

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

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

Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.

9. That within 6 months from the date that the development hereby permitted starts, a detailed scheme for the provision of play equipment site shall be submitted to, and approved in writing by the Planning Authority,include:−(a) and this shall

details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (C) details of the fences to be erected around the play area; (d) a scheme of safety measures in respect to the adjacent loch; (e) details of the implementation and phasing of these works.

Reason: To ensure adequate provision of play facilities within the site. 10. That before the occupation of any houses, 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,of:−(a) maintenance and protection

the proposed SUDS area and pumping station; (b) any communal fences and walls; (c) play provision within the site; (d) footpaths, boardwalk and interpretation boards.

Reason: To ensure the maintenance of communal areas and infrastructure in the interest of amenity.

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

Reason: To ensure there is an adequate landscape maintenance scheme in place.

12. That before the construction of any houses, 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 and design by ensuring that external materials are appropriate for the site.

13. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.

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

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

• Details of the proposed phasing of works; • Details of construction access, parking and manoeuvring areas; • Details of the location and timing of the site compound:

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

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

15. That should no development start within one year from the date of the Habitat and Species Management Plan, Acorna Ecology, July 2016 updated protected species shall firstly be , an survey carried out and the details of the findings of the surveys, including any mitigation measures shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, all identified mitigation measures shall thereafter 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.

16. That for the avoidance of doubt, the biodiversity enhancements set out in the approved landscaping plans, and sections 6, 7, 8 and figure 1, page 12 of the Habitat and Species Management Plan, Acorna Ecology, July 2016 (with the exception of the two smaller play areas) shall be implemented as part of the wider landscaping proposals for the site and in accordance with the approved implementation timetable. That unless otherwise agreed in writing with the Planning Authority, the boardwalk detailed in drawing 415.02.20 by DWA, September 2016 shall be made from Recycled Plastic Lumber (such as Millboard).

Reason: In the interests of the protection and enhancement of natural habitats and to ensure implementation of the agreed mitigation. 17. That before the occupation of any houses at plots 1, 14, 18−24, 92 and 100 the 2.3m high acoustic barrier detailed on drawing 16028(PL)090_G Boundary Treatments & Elevation Finishes shall be implemented to the satisfaction of the Planning Authority.

Reason: In the interests of residential amenity.

18. That unless otherwise agreed in writing by the Planning Authority, no more than 160 units of market housing shall be occupied until the on−site affordable housing has been provided in accordance with the terms of the approved affordable housing agreement. For the avoidance of doubt, this condition relates to on−site provision with the required financial contribution to be secured through a legal agreement.

Reason: To ensure the provision of affordable housing on the site. Background Papers:

Consultation Responses:

NLC Traffic & Transportation: 17th January 2017; 10th March 2017; and 301h March 2017

NLC Greenspace: 1st March 2017 and 17th March 2017 NLC Pollution Control: 26th November 2014, 13 July 2016 and 9h February 2017 NLC Play Services: 27th February 2017 NLC Housing and Social Work Services: February 2017 NLC Archaeology Service: 25th April 2016; 19th January 2017; and 31st March 2017

Scottish Environment Protection Agency: 7 October 2016; and 24th February 2017 Scottish Power Environmental Planning: 18th January 2017 Network Rail: 8th February 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 632500

Report Date:

5th April 2017 APPLICATION NO. 16!0I850IMSC

REPORT

1. Site Description

1.1 The site comprises two large agricultural fields extending to 14.7 ha and currently used for grazing. The site is bound by Johnston Loch and existing residential properties on Lochview Terrace to the north, the A752 to the east, Old Gartloch Road and railway line to the south and a ditch/watercourse running to the loch to the west with further agricultural fields beyond.

1.2 The site slopes down from the south eastern part of the site (Old Gartcosh Road and A752 junction) to the North West adjacent to the Loch and generally the whole site slopes down to the Loch. Taken at its maximum there is a fall of approximately 12m across the site.

1.3 There is an existing mature tree belt running along the A752 which provides a significant level of screening to the site. The two fields are delineated by a mature hedgerow running roughly north to south. The westernmost field is larger and comprises grazing ground and boggy marshland to the west adjacent to the drainage channel. There are 31 existing residential properties along Old Gartloch Road (a mix of four−in−a block, semis and a detached house) and their rear gardens share the southern boundary of the site. Along this stretch of residential properties there is a mix of boundary treatments including fences of varying heights and hedging. There is existing mature vegetation running along the railway boundary to the south. An existing overhead power line crosses the south west of the application site.

2. Proposed Development

2.1 Proposed is a residential development of 247 houses, part of the Glenboig Gartcosh Community Growth Area with the site already benefiting from planning permission in principle.

2.2 The site is accessed from Lochend Road via a new priority junction onto a primary distributor type road with footways. The access has however been designed in a way that could be developed as a roundabout, should it require to serve the wider CGA to the west. Once onto the site, secondary accesses are provided before the layout breaks down, largely into loops of secondary and tertiary streets. Two properties also access directly from Old Gartloch Road. Two developers are jointly promoting the site, Avant on the northern section and Persimmon on the southern section.

2.3 The site has been developed to incorporate elements of frontage to Lochend Road, the central distributor road, the loch to the north and open space to the west. Otherwise, there are some elements of the layout that back onto existing housing and one section of Lochend Road. Also proposed as part of the layout is 0.51−la reserved for a neighbourhood centre, carrying through the requirements of the planning permission in principle. The detail of this would however be taken forward through an independent application.

2.4 The house types comprise a range of 2 storey detached, semi−detached and terraced units. These are largely 3 and 4 bedroom. The overall layout contains 40 affordable units, some of which are 2 bedroom cottage flats. The style of development and street pattern follows the principles of Designing Streets, with houses served by rear communal parking courtyards although there are a large number of units still in a conventional plot arrangement.

2.5 To serve the development, there are two areas of SUDS infrastructure, landscaping throughout and an area of open space at the western section with remote footpaths and a boardwalk. A large area of open space is also provided to the north on the southern banks of the Loch and this would contain a formal recreational space and play equipment.

2.6 Following the legal agreement secured at planning permission in principle, each unit would have a financial contribution towards roads and education infrastructure in the area. 3. Applicant's Supporting Information

3.1 The applicant has provided the following information in support of their application:

• Plans • Landscaping Plans • Drainage Drawings • Engineering Drawings/Levels/Cross Sections • Street Engineering Review and Supporting Information • Design and Access Statement • Drainage and SUDs Strategy/Flood Risk Assessment • Archaeological Assessment • Noise and Vibration Assessment • Transport Assessment • Tree Survey • Habitat and Species Management Plan • National Vegetation Classification Survey

4. Site History

4.1 As noted earlier, this application is for matters specified in conditions of planning permission 14/01849/PPP, part of the Glenboig Gartcosh Community Growth Area.

14/018491PPP Residential Development with Associated Access Roads, Open Space, Landscaping and Ancillary Facilities (Including 0.5ha for retail purposes) (up to 300 houses) Approved 1 11h January 2017

4.2 Two other large scale planning applications have been approved for the wider CGA. These are as follows:

14/01594/PPP Construction of Residential Development (up to 1040 houses) & Community Hub with Ancillary Works Including Access Road, SUDS & Landscaping − various sites around Glenboig to east of M73 Approved 10th February 2017

13/01958/PPP Residential Development of up to 450 Units, Access and Associated Works − Various Sites At Johnston Road, Gartcosh Approved 18th August 2016

4.3 It is important to note that each permission has a S75 Legal Agreement in place to secure developer contributions in respect to roads and education infrastructure. Those contributions thereafter filter down to the developers of each site, based on a contribution for each unit completed in a given year. The contributions have been developed on a strategic basis ensuring that for the 3000 units ultimately to be delivered through the CGA, the contribution per unit remains the same. This was a significant process in terms of agreeing and securing the financial mitigation. The current application is solely for resolving matters of detail within the planning permission in principle and is not an opportunity to revisit wider developer contributions towards roads and education infrastructure.

5. Development Plan

5.1 The proposals require to be assessed under the terms of the Strategic Development Plan and North Lanarkshire Local Plan and in particular under the terms of:

• DSAP (Development Strategy Area Priority 3: Community Growth Areas) • Development Strategy Policies 1, 2, 3 and 4 (assessment of amount, location, impact and quality of development) • Policies HCF 2 B: location for (Medium term) Housing development • HCF3 (Assessing Affordable Housing Development) NBE1 Protecting the Natural and Built Environment NBE I B 3C Sites of Archaeological interest

5.2 Although not part of the development plan, the council has agreed Supplementary Planning Guidance relating to the CGA by way of a Strategic Development Framework (SDF) which sets out how the CGA will be developed, what strategic transportation measures are required to accommodate the propose 3000 houses and how these measures will be delivered. This is a material consideration in the assessment of this application.

6. Consultations

6.1 NLC Housing raises no objection to the application. The affordable housing contribution is to be delivered via 40 units on site (for Sanctuary Housing Association) and a commuted sum of £262,500.

6.2 NLC Pollution Control raise no objection to the application. In respect to the noise and vibration report and follow−up submission, the findings are considered acceptable and a requirement for one area of mitigation for garden ground of some new houses (acoustic barrier) can be secured via conditions. Similarly, Site Investigation requirements can also be secured through conditions. Air Quality was considered at the stage of planning permission in principle, resulting in no reason for refusal. Otherwise, matters of construction impact are raised and these could be addressed as advice in the decision notice.

6.3 NLC Traffic and Transportation raise no objection to the application. Detailed discussions have taken place in respect to the layout with additional supporting information and updated layouts provided. Comments are provided in respect to potential future links to the area of the CGA to the west. Otherwise, some views are given in respect to internal layout matters, including elements of the proposed footway provision, some street lengths and aspects of the driveway and parking delivery. Comment is also made on service verge arrangements. From a planning perspective, it is highlighted that these are final outstanding comments following a detailed process of refinement where many aspects of the layout have been positively developed. It is also highlighted that the use of Designing Street policy results in various design options, opposed to a standards based approach. To support the layout, a detailed Street Engineering Review has been provided. In terms of future links to the west, this would be for any such application to consider. In this application, the layout has been designed so as not to physically prejudice a link should it be required. In respect to the other comments, it is highlighted that these have been supported through the Street Engineering Review. There are some minor alterations that could be addressed through the construction consent process (e.g. visitor spaces at one part of the site and driveway splays). On matters such as the degree of overlooking of some parking courts and the number of properties taken from a private driveway at two locations, it is highlighted that these are limited within the wider site and wouldn't relate to future adoption. Also, they otherwise offer benefits from a design perspective. There are no concerns raised over the relationship with the wider public road network. From a planning perspective, it is highlighted that there are many aspects of the layout that have merit and looking at the layout as a whole, differing views on the approach taken in some instances are limited.

6.4 NLC Archaeology raise no objection and all pre−start archaeology investigation and reporting has been concluded.

6.5 NLC Play Services raise no objection to the application. The position of the proposed play area is considered acceptable. A condition can control the final contents and layout of the play equipment along with safety requirements in respect to the proximity of the loch. Currently, it is noted that the proposal would have the play area separated from the loch by bow−top fencing.

6.6 NLC Greenspace raise no objection to the application. Comments are given on the proposed mitigation and it is considered that matters can be secured where necessary through planning conditions.

6.7 Scottish Power have objected to the application on the basis of overhead lines within the vicinity of the site. From a planning perspective, this does not merit refusal of the application and is for the developer and Scottish Power to secure an appropriate solution. 6.8 SEPA initially objected to the application in respect to the position of development within the flood risk area (there is a flood area at the western part of the site). Following amendments to the layout, additional technical information and updated flood risk assessment, the objection was removed. Further advice is provided.

6.9 Network Rail initially objected due to the location of SUDS infrastructure in respect to their infrastructure. This objection was subsequently lifted following some changes to the layout.

Representations

7.1 8 letters of objection have been received from local residents and Gartcosh Community Council. Also received is a petition containing 390 signatures objecting to the application, organised by Belhaven Park Residents Group, Muirhead. The range of objections are summarised as follows:

• Impact on amenity of local residents • Visual and landscape impact • No need for housing, lack of housing types and inappropriate distribution of densities • Impact from landscaping and on habitat, public access, Johnston Loch and the 7 Lochs Development. • Impact on drainage infrastructure • Impact on local education provisions • Transportation − impact on road network, appropriateness of access, hazard concerns, parking concerns, pedestrian safety • Noise and Air Quality concerns • Impact on already constrained local services − health services, amenities, recreation and resultant concerns of anti−social issues • Construction impact • Failure to comply with the Council's defined priorities • Lack of consultation • Japanese knotweed/property values/use of photographs

7.2 These are considered in section 8 below.

8. Planning Assessment

8.1 Under 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. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and Clyde Valley Strategic Development Plan (SDP) 2012. It is noted that the Community Growth Area inception is from the Strategic Development Plan, however that is now translated through to local policy in the North Lanarkshire Local Plan and more recently in the approval of planning permission in principle.

North Lanarkshire Local Plan

8.2 The site falls within an area zoned as HCF 2B Locations for (Medium−term) Housing Development in the North Lanarkshire Local Plan and is identified as a Development Strategy Area Priority under policy DSAP3.

8.3 Policy DSAP3 (Development Strategy Area Priorities): The site falls within the area identified as the Gartcosh and Glenboig Community Growth Area. This policy required the production of a Strategic Development Framework (SDF) to be adopted as supplementary guidance along with Concept Statements and Masterplans. The council subsequently approved an SDF in 2014 and as noted above, planning permission is principle has since been granted. This application should not revisit any of those matters of principle, but rather ensure compliance with the planning permission in principle and any other relevant design policy. Similarly, the requirements of policy HCF3 Affordable Housing were also incorporated into the SDF. It is highlighted that this proposal meets those terms.

8.4 Policies DSP1−4 include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposed development site forms part of the housing land supply and complies from a quantative perspective. In light of the policy DSP1 Policy position, it follows that the proposal is consistent with the NLLP's basic locational criteria set out in DSP2.

8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance, the application forms detailed elements of the planning permission in principle. A S75 legal agreement is already in place and each unit will be subject to a contribution of £5,340 towards education provision and £2,622 towards roads infrastructure, subject to potential reduction as a result of City Deal funding for the Glenboig Link Road. These contributions will be rolled−out across all 3000 units within the Community Growth Area. In terms of affordable housing, agreement on the nature of the required contribution is in place and this would be delivered through a separate legal agreement.

8.6 Taking the above matters into account, it is considered that the proposed development accords with Policy DSP3.

8.7 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. This also considers other impacts, such as amenity and privacy. In terms of the policy, proposals require to be assessed against a set of criteria.

a. Design Principles Including Provision for the Development and Links to Nearby Green Networks

8.8 The layout and nature of the housing proposed is considered to be acceptable, following a hierarchy of primary, secondary and tertiary spaces. The layout has been developed to have good frontages and where these have not been possible, there is landscaping proposed to prominent public frontages. Otherwise, the houses would have appropriate relationships internally and with existing housing that could be described as common in respect to adjoining boundaries. Materials can be controlled via conditions. The densities are considered acceptable, as are garden sizes with provisions for open space, play equipment and space for a neighbourhood centre, following the parameters of the masterplan taken forward through the planning permission in principle. While actual play equipment has not been concluded, discussions have been ongoing with the Councils Play Services and this matter can be taken forward via conditions. Satisfactory linkages are also considered to be provided to the surrounding area as well as the layout being designed for the future accommodation of a link to the west. The development, although impinging on some local habitat to the west, mitigates strongly through additional habitat works, pond creation and protection of sensitive areas of habitat. Also proposed is a boardwalk and interpretation boards to be taken forward through a Habitat and Species Management Plan.

b. Safe, Inclusive, Convenient and Welcoming Development

8.9 Access to the site has evolved following assessment and determination of the planning permission in principle. NLC Transportation raised no objection to the application, subject to conditions. It is acknowledged that the main access has been designed as a priority junction, with a right turn storage bay and crossing island. However, the access has also been designed in a way so as not to prejudice construction of a roundabout and link to the wider CGA to west should that be required in the future.

8.10 Otherwise, while some comments are given by NLC Transportation in respect to the internal layout, it is noted that the proposed site has been designed to take account of national policy guidance Designing Streets' in order to create a greater sense of place, and provide a nature of street design that is more integrated and considered from a design perspective. Overall, it is accepted that a more design−led approach to the development has been achieved whilst satisfactorily demonstrating functionality, safety and a good degree of passive surveillance from the proposed housing. The layout has also been supported by a Street Engineering Review. In addition to the areas of formal open space (which are accessible and well positioned), throughout the layout it is proposed to incorporate additional landscaping with boundary hedging and tree planting. As noted above, an open wetland area with biodiversity attributes has also been incorporated with remote paths and a boarwalk. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with strong green elements. c. Energy Resources and Sustainable Development

8.11 In terms of sustainable development, it is acknowledged that the site's inclusion for development purposes has followed the local plan process in light of housing land supply requirements in the wider area and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.12 With regard to potential pollution impacts, air quality was considered as part of the planning permission in principle and was found to raise no undue concerns. A noise impact assessment has been submitted as part of this application and raises no significant concerns. A requirement for noise mitigation at one part of the site (acoustic fence) can be secured through a condition. No other pollution concerns have been raised through consultation.

e. Drainage and Water Body Status

8.13 SEPA were involved as part of the planning permission in principle, with detailed assessment of flood risk, ultimately raising no objection. Conditions from the planning permission in principle have been taken through into this layout. A condition is proposed to ensure requirements of SEPA and general SUDS principles are satisfactorily achieved and a further condition is proposed in respect to the Developer meeting all requirements of Scottish Water.

f. Impact on Local Amenity

8.14 In terms of privacy, the generally recognised minimum distance between directly facing windows of 18 metres is satisfactorily achieved. In respect to loss of light and overshadowing, there is adequate distance from, and configuration with established housing. Within the site, those standards are also satisfactorily met. Consultation has demonstrated there would be no other unacceptable pollution impacts from the development. It is acknowledged that there would be a change in amenity for neighbouring properties as a result of the visual change from fields to residential development. While loss of view is not a material planning consideration, it is valid to consider visual impact. On this site, the principle of development has already been agreed through the local plan zoning and through the planning permission in principle. Otherwise, the development has been designed to have a degree of frontage to Lochend Road. While existing trees along this frontage will require to be removed (to facilitate access), additional landscaping would be incorporated to soften the development edge where frontage hasn't been possible. On balance, this is considered acceptable from the perspective of visual amenity from the adjoining road and beyond.

8.15 Turning to directly adjoining properties on Lochview Terrace and Old Gartloch Road, it is acknowledged that a relationship is created where new and existing properties would back onto one another in a more urban form than currently enjoyed. Also, the outlook from those existing properties would change as a result of the development. While it is again noted that right to a view is not a material planning consideration, it is accepted that the development would be a notable change in the landscape. Taking into account the zoning of the site and planning permission in principle, a residential land−use has however already been confirmed as acceptable. With this context, while the relationship of houses backing onto one another would be a change for existing residents; it is not considered to be incompatible or uncommon in residential land−use relationship terms. The change would not physically impact the boundaries of existing gardens, with new fencing provided adjacent. Looking more closely at the proposed adjacent plots, standards are satisfactorily achieved in terms of configuration and garden depth, with minimum window to window requirements exceeded. Existing and proposed levels also do not raise any unacceptable relationship issues, with elements of new housing being lower than existing. On balance, while it is acknowledged that the development will see a marked change from the existing situation, it is not considered to create visual or amenity impacts that would merit refusal of the application.

8.16 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4. Other Material Considerations

Planning Permission in Principle

8.17 The layout is considered to satisfactorily meet the terms of planning permission 141018491PPP subject to conditions and a legal agreement in respect to affordable housing.

Consultations:

8.18 In terms of the consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.

Representations

8.19 The following points of objection have been received:

8.20 Loss of view; Loss of privacy; Concerns over topography in relation to neighbouring properties; Impact on sunlight at neighbouring properties; No consideration given to existing residents.

Response: Part of the policy assessment (policy DSP4 of the North Lanarkshire Local Plan) considers specifically design aspects and impacts on the amenity of established residents. This also follows evolution of the proposal by the applicant at the 'in principle stage' and in response to the conditions of the planning permission in principle. Taking into account review of the plans and site inspection, this assessment is set out in paragraphs 8.14 and 8.15 of this report. While it is accepted that there will undoubtedly be a change in the local environment as a result of changing land−uses, those impacts are considered to be within acceptable limits.

8.21 Adverse visual impact on landscape, include the high value area of Johnston Loch; Visual amenity; Loss of village identity and neighbourhood.

Response: The site forms part of the Community Growth Area, an area defined and supported through adopted policy to meet important requirements for the provision of new housing. While it is acknowledged that local concerns remain in respect to the principle of development and on matters of settlement identity, this has already been confirmed through the zoning, Strategic Development Framework and planning permission in principle. Otherwise, visual impact has been considered in the assessment and found to be acceptable. The development has been designed to front onto Johnston Loch with a buffer of open space and to have remote footpaths and play facilities where accessibility will be provided for walking and recreation. It is also considered that the layout, particularly as landscaping matures, will integrate with the existing built form, with a degree of frontage also provided to Lochend Road. Subject to conditions to ensure the implementation of landscaping and associated features within the development, these concerns are not considered to merit refusal of the application.

8.22 No inclusion of bungalows within the site to serve older population; The position of low density elements gives no consideration to existing residents at Old Gartloch Road; No need for new housing.

Response: There is confirmed need for new housing within North Lanarkshire and this has now been well established in terms of policy at a regional and local level. Densities are considered to be within acceptable limits and it is noted that the final capacity of this site is less than that initially anticipated. The relationship to existing housing has been considered above. Otherwise, the planning process cannot dictate the nature of house types, a matter that is predominantly commercially driven. The site does however comply with requirements in respect to the provision of affordable housing. This will be in the form of social housing within the site, and a financial contribution to the local authority for delivering it responsibilities in addressing social housing needs.

8.23 Lack of landscaping along the back of properties on Old Gartloch Road and Loch view Terrace; Johnston Loch placed within the 7 lochs development with confirmation sought that the loch's status as a wildlife and plant habitat, along with public access is maintained.

Response: In terms of landscaping buffers, the relationship with existing housing is considered in paragraph 8.15. While it is accepted that the nature of change from open fields to residential is notable, the principle has already been confirmed as acceptable. A relationship with rear gardens backing onto one another is otherwise common and appropriate standards are satisfactorily achieved. While acknowledging the concerns of established residents, these are not considered to merit refusal of the application, nor with standards being met, is it considered reasonable in terms of the statutory tests of planning conditions to impose such a requirement. It is noted that there is an area of open space between the north of the development and Lochview Terrace. However, there is a wayleave over this land and additional planting is not possible. In respect to the status of the loch, appropriate ecology reports have supported the application, a buffer has been applied and access is provided.

8.24 Adverse impact on existing drainage infrastructure and concerns of assurances that the proposed drainage systems will work.

Response: Conditions are proposed to ensure that the drainage infrastructure meets all the requirements of Scottish Water and SEPA.

8.25 Lack of education provision and concerns raised over up−to−date projections on local school capacities. An assessment of impact is provided by the objectors

Response: This application follows a planning permission in principle, which itself is subject to a legal agreement to secure developer contributions towards roads and education infrastructure. The details of these are set out in paragraphs 4.3 and 8.5. Moreover, this is supported by and follows approved planning policy and the Strategic Development Framework in place. The legal agreement ensures those contributions are index−linked so that value is maintained. For an application for matters specified in conditions of an establish planning permission in principle, it is not technically possible or appropriate to revisit those terms. Any future applications for residential development at other sites outwith the Community Growth Area would be assessed on their individual merits, taking into account committed development (including the CGA) and an assessment of school impacts at that time. It is acknowledged that those circumstances may result in a different mitigation response.

8.26 Impact on public road network; Considering traffic behaviour already on Lochend Road, calming would be required; The access should be served by a roundabout now; Increase in congestion, particularly taking into account other developments in the area; Lack of public transport; Impact on pedestrian safety, as a result of additional traffic and footpath positions; Inappropriate parking arrangement (no frontage parking); Lack of parking; Accident hazard from possible new crossing facilities; Layout may result in parking on Lochend Road or adjoining landscaping; Lack of parking as a result of overdevelopment within the site.

Response: In terms of the impact on the public road network, consultation with NLC Transportation has raised no objection and the application has been supported by additional information, including a Transport Assessment and Street Engineering Review. Access would be via a priority junction with right turn filtering provision and a crossing facility. The requirement for a roundabout is not triggered by this level of development. The site has however been designed to account for this in the future if required. In respect to congestion and general road road/pedestrian safety, the site has been assessed (in the context of the wider Community Growth Area) through the planning permission in principle, in addition to the current application and found to be acceptable. It is highlighted that already in place is an obligation of developer contributions from each development in the Community Growth Area, directed towards a scheme of wider road infrastructure improvements. This applies here and will be implemented by the Council as construction of the Community Growth Area progresses. The level of public transport serving the site is not sufficient reason for refusal and as the Community Growth Area builds out, there is a standard of road linkages that would facilitate bus routes. In terms of rail services, Gartcosh has a train station.

On the matter of crossing facilities, two earlier footpath links from the site onto Lochend Road have been omitted from the design, now rationalised at the main site access with a single crossing point. This satisfactory meets roads standards and is not considered to present danger to roads users or adjacent properties. Turning to layout matters; it is acknowledged that some of the parking solutions are different to previous conventional approaches, instead following relevant policy − Designing Streets. The level of parking (number of spaces) is however satisfactorily achieved. Properties facing Lochend Road have either dedicated parking or dedicated courtyards. Taking into account the configuration of these and the offset from Lochend Road, it is considered unlikely that these would result in inappropriate parking elsewhere.

8.27 Noise and air quality concerns from new traffic and associated infrastructure.

Response: The planning permission in principle was associated with an Environmental Impact Assessment which considered matters such as noise and air quality. Furthermore, the current detailed application was also supported by a noise impact assessment. Aside some mitigation on the new houses in respect to the railway, those impacts have been found to be within acceptable limits. No objections are raised by the Council's Pollution Control Section. Otherwise, general noise from a residential land−use would be compatible with surrounding residential areas.

8.28 Lack of access to health services/public amenities, with pressures already being experienced; Lack of parks, play areas and community areas, with concerns increased population could lead to antisocial problems.

Response: As noted earlier in the report, financial contributions are secured to go towards addressing impacts on school and roads infrastructure. These, along with affordable housing provision are supported in policy. While there is not a policy basis to secure mitigation for other local services, this development does contain open space, walking routes with interpretation boards for an area of wetland habitat, recreational space, play facilities and formal access to the southern shores of the loch. Moreover, as part of the Community Growth Area, an area is reserved within the site for a neighbourhood centre. This creates and protects the opportunity to take forward additional local amenities as demand requires.

8.29 Construction impacts, including timescales, debris on roads, air pollution, noise pollution and related impacts on health.

Response: It is acknowledged that construction can have adverse impacts on adjoining areas. However, this is subject to separate environmental controls and will ultimately be temporary. While it is understandable that local residents may raise concerns about potential impacts, these are not sufficient to merit refusal of an application, or to override development proposals when they are otherwise considered acceptable. A condition is proposed in respect to construction methodology along with formal advice in any decision notice of the separate environmental controls that would apply. Finally, the Council would response to environmental complaints should they arise in the future.

8.30 Development doesn't comply with NLC's defined priorities.

Response: The Community Growth Area is a strategic development priority of the Council.

8.31 Presence of Japanese knot weed; Reduction in property values; Concerns about use of photographs in the Design and Access Statement; Lack of local consultation, or participation in the design process.

Response: The statutory participation requirements for this application have been met. It is noted that concern had been raised about notification in respect to a more unusual garden arrangement at the north of the site. In addition to the initial neighbour notification and press advertisement, further neighbour notification was carried out. Earlier statutory pre−application community consultation was carried out as part of the planning permission is principle and was not required in this instance. While it is acknowledged that objections to the development remain, these have been considered as part of this assessment. Otherwise, these comments are not relevant to the planning assessment. The concern in respect to Japanese Knotweed has been raised with the applicant and this would be subject to separate environmental controls.

9. Conclusions 9.1 In conclusion, following assessment of the application and notwithstanding the objections received, it is considered that the proposed residential development satisfactorily complies with the relevant policies of the North Lanarkshire Local Plan and the terms of planning permission 141018491PPP. It is therefore recommended that planning permission is granted subject to conditions and a legal agreement to secure the financial contribution towards affordable housing. Application No: Proposed Development:

16/02216/MSC Application for Matters Specified by Condition of Application 14/00105/AMD Consisting of 45 Residential Units, Associated Drainage, Infrastructure, Road and Landscape Works Site Address:

Torrance Park Legbrannock Road Newarth ill Motherwell

Date Registered:

17th January 2017

Applicant: Agent: Avant Homes I New Brannock Limited EMA Architecture and Design CIO Avant Homes 42 Charlotte Square Argyll Court Edinburgh Castle Business Park Scotland Stilring EH2 4HQ Scotland FK9 4TT

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 015 Mossend And Holytown No letters of representation received. David Baird, James Coyle, Frank McNally,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the residential policies contained within the North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the site and the surrounding residential area. kip F.

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Development: Application for Matters Specified by Condition of Application 141001 O5IAMD Consisting of 45 Residential Units, Associated Drainage, Infrastructure, Road and Landscape Works Proposed Conditions:

That the development hereby permitted shall be carried out strictly in accordance with the approved details shown on the following drawings, or such other details that require to be confirmed via conditions, and no change to those details shall be made without prior written approval of the Planning Authority:

• 15097(OS)00 1_A − LOCATION PLAN • 15097(PL)001_J − SITE LAYOUT • 15097(PL)100 − HAMILTON HOUSETYPE −PLANS AND ELEVS • 15097(PL)102 − NEWTON TYPE 1 −PLANS AND ELEVS • 15097(PL)103 − NEWTON TYPE 2 −PLANS AND ELEVS • 15097(PL)104 − ASHBURY TYPE 1 − PLANS AND ELEVATIONS • 15097(PL)105 − ASHBURY TYPE 2 − PLANS AND ELEVATIONS • 15097(PL)106 − NORBURY TYPE I −PLANS AND ELEVATIONS • 15097(PL)107 − NORBURY TYPE 2 −PLANS AND ELEVATIONS • 15097(PL)108 − ROSEBURY TYPE 1 − PLANS AND ELEVATIONS • 15097(PL)109 − ROSEBURY TYPE 2 − PLANS AND ELEVATIONS • 15097(PL)110−WESTBURY TYPE 1 −PLANS AND ELEVATIONS • 15097(PL)200−−REV A − SITE SECTIONS • E10661−1001−l.0 REVA − PROPOSED SITE LEVELS LAYOUT • E106612001−i_i.0 REV A− PROPOSED DRAINAGE LAYOUT

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

2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls, roofs, windows, doors and downpipes shalt be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding these requirements the roof of the houses shall be finished in dark grey slate or concrete flat profile rooftiles.

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

3. That before the development hereby permitted commences, the design, location and finishing materials for the fences, gates and walls shall be submitted to, and approved in writing by the Planning Authority. Thereafter all fences, gates and walls shall be erected in accordance with the details approved under the terms of this condition, unless agreed otherwise in writing by the Planning Authority.

Reason: To ensure the provision of appropriate boundary treatments in the interests of the visual amenity of the surrounding area.

That before the development hereby permitted starts; written confirmation (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that all necessary site investigation works and mitigation identified in the Site Investigation report undertaken by DRM consulting engineers, dated April 2016, have been completed.

Reason: To ensure the mineral stability of the site.

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

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

6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority prior to the occupation of the first dwellinghouse hereby approved confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.

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

7. That the development shall accord with the flood risk measures contained within the Flood Risk Assessment (Terrenus Land & Water, February 2017) by unless agreed otherwise in writing by the Planning Authority. Prior to the first dwellinghouse hereby approved becoming occupied, written confirmation by a Chartered Civil Engineer shall be submitted to and approved in writing by the Planning Authority that the works have been completed in accordance with the recommendations contained in the above report.

Reason: To ensure that the proposed development and surrounding land is not at risk from flooding.

8. That before the development hereby permitted starts, a further scheme of landscaping shall be submittedinclude:−(a) to, and approved in writing by the Planning Authority, and it shall

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 surrounding the play area and SUDS detention basins. (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. For the avoidance of doubt all trees shall be protected in accordance with the recommendations in BS 5837:2012 Trees in Relation to Design, Demolition and Construction; (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 first dwellinghouse hereby permitted is occupied.

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

9. That all works included in the scheme of landscaping and planting, approved under the terms of condition 8 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 last dwellinghouse becoming occupied, 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.

10. 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 of:continuing−(a) care, maintenance and protection the footpaths; (b) the proposed grassed, planted and landscaped areas; (c) the proposed SUDS areas; (d) any communal fences and walls; (e) play provision within the site.

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

11. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 10 shall be in operation. Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.

12. That before the development hereby permitted starts, a detailed scheme for the provision of an equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority,include:−(a) and this shall

details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area, (d) details of a DDA compliant access; (e) details of the phasing of these works.

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

13. That before occupation of the 5th last dwellinghouse within the development hereby permitted, all works required for the provision of the equipped play area and, included in the scheme approved under the terms of condition 12, shall be completed.

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

14. That no dwelling hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

15. That before the last of the dwellings hereby permitted is occupied, all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.

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

16. That before the development hereby permitted commences, details of a site entrance feature shall be submitted to and approved in writing by the Planning Authority, and thereafter shall be constructed in accordance with the details approved under the terms of this condition prior to the occupation of the first dwellinghouse.

Reason: In the interests of the visual amenity of the site and the general area.

17. That should 12 months or more elapse between the timing of the initial ecological survey dated January 2017 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

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

18. That prior to any works hereby approved commencing on site, further surveys shall be undertaken on the site and in nearby pools to determine the presence of any breeding birds, badgers and great crested newts and said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any identified species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: In the interests of the protection of natural habitats and protected species. 19. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:

• Details of the proposed phasing of all works; • Details of all on−site construction including means of access to the site and; • A dust management plan during the construction period:

Reason: In the interests of the amenity of the area, to minimise pollution risks arising from construction activities.

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

Reason: In the interests of the amenity of the area to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities.

21. That, if as a result of the RCC approval process, the site layout requires to be altered in respect of the horizontal geometry of the roads, footway and footpath locations and design, on−street lay−by car parking and traffic calming, then a revised Drawing shall be submitted to and for the approval of the Planning Authority.

Reason: To ensure consistency in the council's approval processes in its role as Planning and Highways Authority.

Background Papers:

Consultation Responses:

NLC Environmental Health (including Pollution Control) The Coal Authority received 24th January 2017 Traffic & Transportation received 22nd February 2017 NLC Greenspace received 16th February 2017 Scottish Environment Protection Agency received 241h January and 20" March 2107 Scottish Water received 16th February 2017 Scottish Gas Network received 27th January 2017 Scottish Power Environmental Planning received 27th January 2017 Play Services Manager received 30th January 2017 NLC Education Services received 26th January 2017

Contact Information:

Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01236 632500

Report Date:

27th February 2017 APPLICATION NO 16/02216!MSC

REPORT

1. Site Description

1.1 The application site is situated to the north of Torrance Park, a mixed use development site approximately 63 hectares that received outline planning permission by virtue of application 02/00972/OUT. The proposed site is approximately 2.2 hectares of grassland immediately south of Edinburgh Road Newhouse. The Torrance Park Golf Course is to the east with the club house to the south east and Legbrannock Road is west separated by mature trees and vegetation. A modern residential development (Persimmon) is to the north west of the site across Edinburgh Road and the Taylor Wimpey residential development is to the south. There are no formal access points to the site but informal access can be gained via Edinburgh Road and at the club house. The site is situated on land designated residential and although surrounded by residential developments there are established businesses within close proximity to the north east across Edinburgh Road. The proposed site is bound on the east, west and north surrounded by a mixture of mature woodland and vegetation. The south boundary is relatively sparse and open. The land is situated on an undulating site rising to the North West corner.

2. Proposed Development

2.1 Planning permission is sought for the erection of 45 dwellings comprising of two 3 bedroom semi detached and 43 three and four bedroom detached dwellings with associated open space, SUDS, car parking, play area and infrastructure. Vehicular access to the site would be via the extension of the existing entrance road to the golf club at the south part of the site with a pedestrian footpath connection to the south.

2.2 The proposed layout design incorporates an internal loop road which would be to adoptable standards. There would also be three non adopted smaller internal roads serving dwellings. Private off−street and visitor parking would be provided to meet the Council's standards. The applicant proposes to use various road surface materials, street alignment and building positioning to accord with Designing Streets principles. The equipped play area would be located west within the site overlooked by surrounding dwellinghouses.

2.3 A range of landscaping would be provided within the development site to the internal street layout including hedging, shrubs and tree planting.

2.4 Each dwellinghouse would be provided with front and rear gardens and off street parking facilities. Visitor car parking would be distributed throughout the site. The proposed finishing materials comprise red facing brick and grey concrete interlocking tiles on double pitched roofs. An area in the lowest, south western corner of the site would be utilised for a surface water drainage scheme to meet SUDS requirements

3. Applicant's Supporting Information

3.1 The applicants have provided a site layout plan and elevations/floorplan details of all proposed dwelling types along with the following information in support of their application:

• Design and Access Statement • Noise and Vibration Impact Assessment • Transport Statement and Assessment • Drainage Report • Flood Risk Assessment • Site Investigation Report • Ecology Report • Coal Mining Risk Assessment • Development Impact Assessment • Scottish Water New Infrastructure Application Approval 4. Site History

4.1 The application site has been subject to the following planning applications.

• Application 98/01155/REM for the Construction of Golf Course, On and Off Site Roadworks, Structure Planting and Related Works granted planning permission on 20th April 1999 • Application 99/0062 1/OUT for Residential Development (In Outline) refused planning permission on the 10th July 2000 • Application 00/00810/OUT for Renewal of Outline Permission for Change of Use to Recreational and Mixed Uses − decision deferred to Scottish Ministers • Application 00/01328/REM for the Construction of Clubhouse, Driving Range and Five− A−Side Football Centre granted planning permission on the 16 March 2001 • Application 02/00972/OUT for Mixed Use Leisure and Residential Development (In Outline) granted planning permission on 28th January 2001 • Application 05/01764/FUL for the Erection of Temporary Golf Changing Facility, Upgrade to Existing Access Road and Formation of Parking Area granted planning permission on the 21st December 2005 • Application 08100730/FUL for the Formation of Enlarged Roundabout on A723 granted planning permission on the 22nd April 2009 • Application 08/00731/REM for a New Build Golf Clubhouse Facility with Associated Landscaping and Road Infrastructure and Regrading of Land (Reserved Matters for Application S/02/00972/OUT) granted planning permission on the 2 ndJune 2006 • Application 09/00468/FUL for the Erection of Temporary Golf Club House, Upgrade to Existing Access Road & Formation of Parking Area granted planning permission on the 23rd June 2009 • Application 10/01080/PAN for Mixed Residential and Leisure Development − Variation of terms of Condition 3 to Allow Construction of up to 300 Dwellings at an Average Density not Exceeding 25 per Hectare and Condition 11 to Require Completion of the Golf Clubhouse before Commencement of Work on the 51st House granted planning permission on the 8th October 2010 •Application 11/00055/FUL for the Variation of Conditions 3 and 11 of Planning Permission 02/00972/OUT to Allow Construction of up to 270 dwellings at Density of 22 per Hectare and to Allow the Completion of Golf Clubhouse Before Commencement of Work on the 25th House granted planning permission on the 24th June 2011 • Application 1 1/00056/FUL Variation of Conditions 1 and 2 of Planning Permission 02/00972/OUT to Extend the Time Period by 3 Years within which Development will Commence and to submit the "Specified" Reserved Matters granted planning permission on the April 2011 •Application 13101121/AMD for a Section 42 − Amendment to Condition 1 Attached to Temporary Planning Permission S/09/00468/FUL granted planning permission on the 22' August 2013 'Application 14/00105/AMD for a Section 42 to Amend Condition 1 (Extension to Time For Development Start by 3 years) of Planning Permission 1 1/00056/FUL granted planning permission on the 17th February 2014 • Application 14/00380/AMD for a Section 42 Application to Amend Condition 1 (Extension to Time For Development Start by 3 years) of Planning Permission 08/00731/REM− New Build Golf Clubhouse at Torrance Park, Newarthill granted planning permission on the 24th April 2014 • Application 14/00594/AMD for a Section 42 Application to Amend Condition 1 (Extension to Time For Development Start by 3 years) of Planning Permission 08/00730/FUL − Formation of Enlarged Roundabout on A723 granted planning permission on the 8th May 2014 • Application 14/01469/MSC for the Erection of 222 Detached Dwellinghouses and Associated Roads, Footpaths, Landscaping and Ancillary Works (Approval of Matters Specified in Conditions Relating to Permission 02/00972/OUT) granted planning permission on the 11th December 2014 5. Development Plan

5.1 The site is zoned as Policy HCF 2A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012.

5.2 Development Strategy Policies (DSP) 1, 2, 3 and 4 are also relevant to the proposal.

6. Consultations a. SEPA initially objected to the proposed development as it may place buildings and persons at flood risk requesting a Flood Risk Assessment (ERA) is submitted for their review. SEPA also advised the flooding within the site has the potential to impact on sewerage infrastructure and to contact Scottish Water for comments. Following submission of a ERA SEPA advised the development should adhere to all regulatory requirements contained within the report. Scottish Water also advised the issue raised by SEPA would be addressed on submission of a Drainage Impact Assessment (DIA) and Predevelopment Enquiry Application. A condition has been imposed to ensure all preventative measures contained within the Flood Risk report are implemented in full.

The Coal Authority has no objections subject to an informative note included within the decision notice ensuring information is submitted with the building warrant application confirming how the former mining activities affect the development along with any mitigation measures required. These comments are noted.

C. SP Energy Networks has no objections however advise they have a substation within the vicinity and reserve the right to protect/deviate any of their apparatus at the developers' expense. These comments are noted.

NLC Transportation raised no objections subject to the reconfiguration of a length of road fronting plots 11−20 is reconfigured to reduce traffic speeds. NLC Transportation advise full comments on the proposed development shall be made when detailed plans are received as part of the Road Construction Consent (RCC) process. NLC Transportation confirms the revised layout overcomes potential speeding traffic. e. NLC Protective Services confirm that the findings of the Report on Road Traffic Sound and Vibration report, Charlie Fleming Associates Ltd, dated 30th November 2016 are acceptable. With regards to the ground conditions; NLC Protective Services acknowledge the updated Risk Assessment Report, Ref CL.−602−CL 1068 Version 2' was received and considered to meet the requirements of Condition 5 of the previous application for this site (08/00731/REM) that required the submission of comprehensive Site Investigation (SI) prior development. Given the time lapse between applications an updated SI report was required for the purpose of this application. NLC Protective Services advises the updated SI report (DRM consulting engineers, dated April 2016, Torrance Park) received with this application is acceptable. NLC Protective Services therefore confirm no objection to the proposed development

NLC Greenspace commented that they are satisfied with the findings within the ecology report submitted with the application (Preliminary Ecological Assessment, JDC Ecology Ltd, January 2017) and request that the further survey work (Amphibian Survey; Breeding Bird Survey; Pre Check Badger Survey) is submitted prior development. NLC Greenspace also recommends that the preliminary mitigation recommendations identified in Section 7 (green corridor; species rich shrubbery; green roofs; rain gardens; SUDS features ecologically planned; wildlife zones and shelters; orientation of construction site lighting) of the report are also taken into consideration. A condition is imposed ensuring surveys for breeding birds, badgers and great crested newts are undertaken prior development. The recommendations identified within Section 7 of the report have been included as an informative note.

NLC Education Services advise the nearby primary school. Holytown Primary School is experiencing capacity issues and as a result would request a developer contribution is received to address the impact on school provision. However they also acknowledge that this application is associated with the outline application 02/00972/OUT and that Education Services did not request a developer contribution during the assessment of the outline application. Therefore a developer contribution cannot be requested for this application. NLC Education Services wish it be noted that the Council will now be responsible for additional costs towards any future school provision within this area. These comments are noted

Scottish Water confirms no objection to the proposed development. With regards to SEPAs concerns regarding the potential impact of flooding on sewerage infrastructure they advised these matters are assessed during the assessment of the developers submission of a pre−start development application It should be noted that following discussions the Scottish Water Development Impact Assessment and the Scottish Water New Sewer Infrastructure Approval certificate have been received that confirms Scottish Waters written approval that all the requirements 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.

Scottish Gas Networks advise a low/medium/intermediate gas main is near the site and that no mechanical excavations are to take place within 0.5 metres above or within of a low/medium pressure system or above or within 3 metres of an intermediate pressure system. This has been included as an advisory on the application.

7. Representations

7.1 No letters of representation were received following the neighbour notification procedure and press advertisement.

8. Planning 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 Policy HCF 2A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012

Development Plan:

8.2 Policy HCF 2A1 (Sites for Short Term Housing Development): As this application is in relation to the determination of matters specified in conditions in respect of the relevant outline planning permission, the principle of the proposed residential development has already been assessed and accepted at this location through the approval of the outline planning permission.

8.3 The proposed development also requires to be assessed against Development Strategy Policies DSP14 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). Given the previous site history and the scale and nature of the development, Policies DSP 1 would not be of relevance to this application.

8.4 The application site is within a residential area therefore the proposed residential development would be compatible with the surrounding land uses. It is considered that the application complies in principle with the local plan policy HCF2A1. However all proposed development must remain sympathetic to the existing pattern of development and assessment of the design and layout of the proposed scheme is required.

8.5 In terms of DSP2 (Location of Development) new development may be granted if consistent with the locational criteria. The principle of housing on this site has been established by virtue of the previous outline planning permission granting the mix used development. Furthermore the proposed development would utilise a long term vacant site and the existing road infrastructure. The application is therefore considered to comply with the objectives of policy DSP2.

8.6 Policy DSP3 (Impact of Development) assesses the demand of new development on existing neighbouring community amenities and infrastructure and where new or extended amenities/infrastructure is required the cost to be met by means of developer contributions. As mentioned above in paragraph 6.4 NLC Education Services confirm the nearby Holytown Primary School is experiencing capacity issues which would normally require a developer contribution to address this situation they acknowledged this development is linked to the 2002 outline application that did not require a developer contribution at that time. NLC Education Services therefore note a developer contribution cannot be requested as part of this application. The proposed equipped play area, drainage and roads infrastructure will be secured by condition. There has been no other need for infrastructure upgrades identified. The proposal therefore complies with the objectives of policy DSP3.

8.7 Policy DSP4 (Quality of Development): states that development will only be permitted where high standards of site planning and sustainable design are achieved. DSP 4 also requires all development to successfully integrate into the local area without causing any undue harm by relating well to existing surroundings and amenity through noise or disturbance. The general design guidance within DSP4 on new developments is augmented by the Council's 'Developers Guide to Open Space'. Combined this guidance considers housing density/mix, open space, detailed design, impact on amenity (privacy, overshadowing etc) roads, access and parking.

8.8 The main issues to consider in the assessment of the application is the compatibility of the proposal with current local plan policy, impact of the development on the site and surrounding residential area in terms of layout, design and on the residential amenity of the neighbouring development with regard to loss of light, overlooking, road safety and traffic issues.

Design Principles Including Provision for the Development and Links to Nearby Green Networks

8.9 In terms of design principles, planning conditions (3,11 and 12) relating to housing density and design set out in the outline planning permission Ref. 02/00972/OUT are relevant. Planning applications 11/00055/FUL, 11/00056/FUL, 14/00105/AMD and 14/00380/AMD subsequently amended this application. It should be noted that the outline permission restricts the maximum density of any proposed housing to 22 dwellings per hectare with a maximum of 270 units permitted within the residential area shown on the approved masterplan. Furthermore, the design of any proposed housing should be of a high quality design in order to fit within the landscape. Given the application site is approximately 2.2 hectares and 222 dwellings have been previously erected within the masterplan boundary site the erection of additional 45 dwellings would comply the requirements of the outline planning permission.

8.10 There are 45 new properties being proposed providing well designed high end houses with adequate garden space/amenity area satisfying the minimum guideline requirement. The properties are all well proportioned internally offering a reasonable standard of residential amenity and parking provision. The proposed layout has also been well designed so that dwellings face onto the golf club or green open space within the development. In terms of amenity the layout of the properties has been carefully considered and ensures limited inter−visibility between the properties. Due to the location of the arterial road, Edinburgh Road, to the north of the site, a Noise and Vibration Impact Assessment was undertaken to measure the impact on the proposed dwelling. As mentioned above (paragraph 6.e) NLC Protective ServiceS are satisfied with the findings of the report in that there would be no detrimental impact on the residential amenity and no further noise/vibration methods would be required.

8.11 The applicant has submitted a Design and Access Statement, together with detailed site levels information which provides information with respect to the proposed site layout and house design. The result is a well designed development in keeping with the existing dwelling types and not a visual intrusion. Although no details have been received confirming the boundary treatment; a condition requesting further detail on this matter is recommended. Following detailed assessment, it is considered that the proposed site layout is acceptable and meets the terms of the conditions set out in the outline planning permission with respect to density and design.

8.12 The proposed access, parking and the impact of the proposal on the road network must be assessed. In terms of the internal site layout, NLC Transportation has no objections to the proposals. The applicant has designed the layout to include one access point and a pedestrian connection to the south of the site. Through street design, use of various road surface materials and shared surface areas linking from streets within the development, distinct spaces are proposed.

8.13 As mentioned above (paragraph 6.a) flood risk assessment and drainage information was received in support of the application, with particular regard to works in the vicinity of the drainage ditches within the site. SEPA has no objections on flood risk grounds and an advisory note to the applicant is recommended in relation to the protection of the drainage ditches.

8.14 In view of the site history, the principle of the residential development has already been assessed at this location. Given that the application site is not closely bounded by any residential dwellings due to its location within the Torrance Park development, it is considered that there will be no adverse impacts on nearby properties. In terms of impacts on the golf clubhouse to the southeast, it is considered that there would no impacts as result of a landscape buffer between the housing and clubhouse parking area.

8.15 The Design and Access Statement submitted with the planning application took into consideration the local character and identity of the local area in terms of scale, height, massing and materials. The street layout design of the residential layout respects Designing Streets principles. Taking all of the above into account, it is considered that the proposal accords with Policy DSP4.

8.16 Consultation Responses: All relevant matters raised in consultations can be satisfactory addressed through conditions.

Conclusions

It is considered that the dwellings and flats are of good design and comply with the terms of the policies of the North Lanarkshire Local Plan in that the development does not result in the loss of amenity, affect the character of the surrounding area or harm road and pedestrian safety. The development could be comfortably accommodated within the site and there would be no negative amenity issues in terms of loss of sunlight or privacy of the neighbouring dwellings. The proposed scale, design and use of materials have remained sympathetic to the existing dwellings surrounding the site and as a result the proposal would contribute positively to the existing dwellings and the streetscape. The application site is not overly prominent set back from the surrounding road network but has become somewhat neglected. The proposed development would therefore utilise and improve this long term vacant site. The application has been satisfactorily progressed to the position where outstanding and final detail can be confirmed via conditions. The proposed development meets the criteria set out in the residential policies contained within the North Lanarkshire Local Plan. There are no material considerations that would merit refusal of this application. Accordingly, it is recommended that planning permission be granted. Application No Proposed Development:

16/02298/PPP Residential Development (Permission in Principle) Site Address:

St Philip's School 10 Main Street Plains North Lanarkshire ML6 7SF

Date Registered:

24th January 2017

Applicant: Agent: St. Philip's School Edward Kerr 10 Main Street The Kerr Practice Airdrie Park Lane House MI−6 7SF 47 Broad Street Glasgow G40 20W

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 007 Airdrie North Alan Beveridge, Sophia Coyle, Thomas Morgan, No Letters of representation received. Andrew Spowart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The principle of residential development on the site is acceptable in the context of the new southern link road and the emerging local plan zoning.

ProposedConditions:−That

before development starts, a further planning application shall be submitted to the Planning Authoritymatters:−(a) in respect of the following the siting, design, external appearance and configuration of the dwellings; (b) the means of access to the site and levels of parking; (C) the design and location of all boundary walls and fences; (d) details of soft or hard landscaping for the site and means for their maintenance/management; (e) details of any external lighting; and (f) the provision of drainage works:

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

That notwithstanding Condition I above and unless otherwise agreed in writing, the proposed residential development shall have an access with a visibility splay of 9 metres by 90 metres provided at the junction with Brownieside Road and in curtilage parking shall comply with the following parking requirements: flats 1/2 beds = 1.5 spaces, flats 3/4 beds = 2 spaces, houses 1/2 beds = 2 Spaces, 3/4 bed = 3 Spaces and 5+ bed = 4 Spaces.

Reason: To ensure the provision of adequate access and parking facilities for the site.

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.

4. That notwithstanding the generalities of Condition 1 above, 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 SEPA SUDS guidance.

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

That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 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 has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

6. That notwithstanding the generalities of Condition I above, that before any further works commence, a comprehensive site investigation requires to be submitted to the satisfaction of the Local Authority. The investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication, Model Procedures for the Management of Land Contamination CLRII, and be submitted in both hard copy and electronic format. Reason: To enable the Planning Authority to consider these aspects in detail.

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

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

Consultation Responses:

The Coal Authority received 201h March 2017 Scottish Natural Heritage received 25th January 2017 NLC Greenspace received 3rd April 2017 NLC Environmental Health (including Pollution Control) received 3 February 2017 and 21st March 2017 NLCTraffic & Transportation received 30th March 2017 NLC Learning and Leisure received 6th April 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

10th April 2017 APPLICATION NO. 161022981PPP

REPORT

1. Site Description

1.1 The site lies on the south−western edge of the village of Plains within the 'campus' of St Philips school. It consists of 1.2 Hectares of flat rough grassland field. It is of a rectangular shape and is bounded by conifer trees on the northern, eastern and southern boundaries with a new road on the narrow western boundary frontage which has a post and wire fence and a galvanised agricultural access gate.

2. Proposed Development

2.1 Permission is sought for residential development in principle with a proposed access from the recently formed Brownieside Road extension/southern link road on the western boundary of the site.

3. Applicant's Supporting Information

3.1 The applicant has provided a general background statement with the application arguing that the proposal would bring economic benefit to the area and safeguard existing local jobs that are currently provided by the applicant. The applicant being the CORA Organisation which is a registered charity that developed the adjacent St Philips School and is an independent organisation which provides residential and day services to Local Authorities who are seeking appropriate care and/or education placements for children and young people aged 10−17 years. The proceeds from the proposed residential development would be put back into the operation of the residential school/care facility which employs 150 staff. The statement further argues that the annexation of the site brought about by the new southern link road effectively puts the site within the 'urban envelope'.

4. Site History

4.1 No relevant site history other than the construction of a new road to the west and the south of the site which provides access to a bridge over the recently re−opened Airdrie to Bathgate railway line.

5. Development Plan

5.1 The site is zoned within the Rural Investment Area in the North Lanarkshire Local Plan, Policy NBE313. Supplementary Planning Guidance 8 provides guidance on what forms of development are acceptable in the Rural Investment Area.

6. Consultations

6.1 The Coal Authority has expressed no objections to the proposal, subject to appropriate conditions being applied, which were recommended by the submitted Coal Mining Risk Assessment, that an intrusive site investigation and any associated remedial works require to be carried out before any development works on site.

6.2 Scottish Natural Heritage has commented that the proposal falls below their threshold for consultation.

6.3 The Councils Head of Regulatory Services and Waste Solutions (Protective Services) concluded that a railway noise assessment was required due to the proximity of the site to the Airdrie to Bathgate railway line to the south. Protective Services has concurred with the findings of the noise report in that the noise levels from the railway will be within the acceptable limits given in current planning guidance and therefore no noise mitigation measures will be required on the site. Protective Services has advised that a BS10175:2001 Site Investigation is required for the site.

6.4 The Councils Traffic and Transportation team has expressed no objections to the proposal provided that council standards are applied in terms of parking and that an access visibility splay of 9 metres by 90 metres is formed in both directions from the site access at Brownieside Road (the new southern link road). 6.5 The Councils Greenspace team has expressed no objections to the proposal subject to the application of appropriate advisory notes relating to site management and best practice during construction including protection of trees.

6.6 The Councils Learning and Leisure has advised that there are no capacity issues in terms of local school provision.

7. Representations

7.1 No letters of representation have been received.

8. Planning Assessment

8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies.

8.2 The proposed development does not comply with the sites Rural Investment Area zoning and the policy relating to it. Although this policy does not presume against development in the Rural Investment Area, it seeks to protect the Rural Investment Area from inappropriate development. The policy limits acceptable development to existing farmstead 'clusters' with residential conversions for up to 4 dwellings.

8.3 In this case, it is considered that the application site is not typical in terms of the Rural Investment Area in terms of both location and character as it is not in open countryside, is within an existing village and is self−contained in that it has strong boundaries defined by mature conifer woodland to the north, east and south. The site has effectively become part of the 'urban envelope' due to the construction of a new road to the south (extension to Brownieside Road) of the village to provide access to a new bridge over the recently reinstated Airdrie to Bathgate railway line. This road provides a strong clearly defined western boundary to the site. Additionally, the site directly to the north of the application site, which was formally occupied by a factory has Planning Permission for residential development.

8.4 The emerging North Lanarkshire Local Development Plan, which is a material consideration, identifies the site as within the 'urban envelop' as a residential development site. It is considered, in this context and as described in paragraph 8.3 above, that the application site is appropriate for residential development.

8.5 With regard to consultation responses, the Coal Authority has expressed no objections subject to conditions and Protective Services has advised that no noise mitigation measures are required in relation to the nearby railway. Additionally, the Councils Traffic and Transportation and Greenspace teams have expressed no objections subject to the application of appropriate advisory notes. In terms of tree protection and retention the points of Greenspace are noted although in this case, the trees in question lie outwith the application site and their retention is inherent in terms of the development platform and providing a buffer from the railway line to the south, commercial area to the east and the consented housing site to the north. Furthermore, no objections have been received as a result of neighbour notification or the press advert.

8.6 With regard to the applicants supporting statement, it is agreed that the formation of the new road (Brownieside Road extension) creates a strongly defined western boundary which effectively puts the site within a revised 'urban envelope'. In terms of economic benefit, it is considered that the proposal will be of benefit to the existing charity organisation, although this in itself does not provide justification in planning policy terms.

9. Conclusions

9.1 It is therefore considered that the principle of residential development on the site is acceptable and appropriate and, as such, this application is recommended for approval. Application No: Proposed Development:

1 6/02348/FUL Demolition of 2 Existing Dwellinghouses and Erection of 2 New Dwellinghouses and Garages Site Address:

278 I 280 Mill Road Allanton Shotts ML7 5DG

Date Registered:

14th December 2016

Applicant: Agent: Nicol Boilers Nicol Boilers High Street Industrial Estate High Street Industrial Estate High Street High Street Shotts Shotts United Kingdom United Kingdom ML7 5DR ML7 5DR

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat 4 letters of representation received. Charles Cefferty, Thomas Cochrane, James Robertson

Recommendation: Approve Subject to Conditions

Reasoned Justification:

ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented2016−52−47.in accordance with drawing numbers: 2016−52−01, 2016−52−02E, 2016−52−03C and

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

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

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

3. That notwithstanding the requirements of condition (2) above, the facing materials which may be used onfollows:the−(a)dwellinghouses hereby approved shall be restricted as

roof tiles shall be natural slate or flat profiled, grey or black in colour concrete interlocking tiles,

(b) the use of facing brick shall be restricted to the base course and decorative features only, and

Reason: To ensure that the development is sympathetic to its rural setting, in the interests of the visual amenity of the area.

4. That before any of the dwellinghouses hereby permitted are occupied, the footway along the full frontage of the site shall be widened to 2 metres and the first 2 metres of the accesses behind the heel of the kerb shall be paved, appropriate drainage arrangements shall be put in place to prevent water from flowing onto the public road and any boundary wall or feature erected along the edge of the footway should be no greater than 1.05m in height above carriageway level (approx. 850mm actual) to the satisfaction of the Council as Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

5. That before any of the dwellinghouses hereby permitted are occupied, three off street parking spaces and a turning facility shall be provided within the curtilage of each plot and shall thereafter be retained as parking spaces and a turning area.

Reason: In the interests of traffic and pedestrian safety.

6. That due to the footway widening requirement as per Condition (4) above, the lighting column at the front of the site requires to be moved, at the developer's expense, in consultation with North Lanarkshire Council Roads Authority prior to any of the dwellinghouses being occupied.

Reason: In the interests of road safety.

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

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

That before any of the dwellinghouses hereby permitted are occupied the fence, or wall as required by condition (7) above, shall be erected and retained to the satisfaction of the Planning Authority.

Reason: In the interests of the amenity of future residents. Background Papers:

Consultation Responses:

Memo from Environmental Health (including Pollution Control) dated 16th December 2016. Memo from Traffic & Transportation dated 1" February 2017.

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500

Report Date:

3rd April 2017 APPLICATION NO. 16/023481FUL

REPORT

1. Site Description

1.1 The application site was until very recently, vacant single storey semi−detached dwellings and curtilage at 278/280 Mill Road, Allanton. The building, due to structural issues, was demolished within the last 2 months or so. The site sits slightly higher up from the road and is bounded by residential dwellings to the north south and west and by a large garage associated with the applicants dwellinghouse (dwelling to the north) to the east.

Proposed Development

2.1 The proposed dwellings are constructed within a T−shaped building, are one and a half storey in height with two dormers to the front and 2 velux windows to the rear. Both properties are the same layout with a lounge and kitchen with utility room on ground floor and 3 bedrooms on first floor. A double garage measuring 7m x 7m with a pitched roof at a maximum height of 4.5m is proposed for the southernmost dwelling and a single garage measuring 7m x 4m with a pitched roof at a maximum height of 3.7m is proposed for the northernmost dwelling. Access to the dwellings are off separate accesses either side of the dwellings. The dwellings are, at the closest point, 5.8m from the boundary with Mill Road and it's over 12m from the rear of the dwellings to the rear boundary. A 2 metre wide footpath is to constructed along the full width of the application site. It is proposed to attach a condition requesting details of material finishes to the dwellings and garages

3. Applicant's Supporting Information

3.1 A letter of justification for the demolition of existing cottages was submitted.

4. Site History

4.1 None.

5. Development Plan

5.1 The application raises no strategic issues associated with the application, it can therefore be assessed in terms of Local Plan policies.

5.2 In terms of the North Lanarkshire Local Plan, the site is located within a residential area where Policy HCF1A (Protecting Residential Amenity and Community Facilities) applies. This policy states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. The proposed development is for the erection of 2 replacement dwellings and it is therefore considered that the application complies with this land use policy. Policies DSP 1−4 are also relevant and are addressed in turn at (8) below.

6. Consultations

6.1 Neither Protective Services nor Roads and Transportation have any objections to the proposal subject to appropriate conditions being attached to any approval.

7. Representations

7.1 Following standard neighbour notification and advertisement in the local press, 4 letters of representationfollows:−• were received (2 from same person). Their concerns are as

The planning application is a waste of Council resources as the building have already been demolished and is being prepared for new dwellings. • Vehicles involved in the ground works have been mounting the pavement which has caused damage to property. • Insufficient reason to simply demolish these historic stone properties as stonework is in good condition. The structure seems stable, therefore the building should be refurbished, not knocked down. • The proposed dormers will cause privacy issues as they will look down into neighbouring properties which are considerably lower than the property. • Concrete is being poured for the garage and the base in a different position to the original area applied for as part of the planning application. • The revised position of the garage is unacceptable as it is now located in front of a window and the height to apex is some 4.5 metres.

8. Planning Assessment

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

8.2 Development Plan: North Lanarkshire Local Plan (NLLP): The site is located within a residential area where Policy HCF1A (Protecting Residential Amenity and Community Facilities) applies. This policy states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. The proposed development is for the erection of 2 replacement dwellings and it is therefore considered that the application complies with this land use policy. Policies DSP 1−4 are also relevant and are addressed in turn at below.

8.3 The physical impact of the proposal is also considered in the North Lanarkshire Local Plan (NLLP) which requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policy DSP 1 is not relevant. Policy DSP2 considers the location of development, Policy DSP3 considers impact of developments whilst DSP4 considers detailed design and both policies are discussed below.

8.4 Policy DSP 2 covers the location of development. Amongst other matters, this policy specifies that for developments to be acceptable, they should be consistent with locational criteria including, the use of brownfield sites, supporting the hierarchy of sustainable transport modes, safeguarding vitality and viability of centres (concurs with policy, RTC3 (Assessing Retail and Commercial Development)). In considering the foregoing, the proposal accords with this policy.

8.5 Policy DSP3 considers the Impact of Development. The scale of this proposal is such that it would not place additional demands on community facilities or infrastructure that would necessitate new facilities or improvements in existing provision.

8.6 Policy DSP4 considers the quality of development. In this respect the proposal achieves an acceptable quality of development. The proposal is utilising an existing residential site in a residential area and is consistent with other residential units in the area in terms of access, height and layout.

8.7 Representations:follows:−• A summary in response to the comments is as

The applicant was advised to stop all works on the site as he runs the risk of having no dwellings on the site nor having planning permission for new dwellings. He advised the Council that all works have stopped on the site, albeit after the houses were demolished. No construction work is currently taking place at the site. For information, the Council does not initiate enforcement action against someone in breach of planning regulations when there is a current planning application for the breach. • If damage is being caused to property due to construction work, this is a civil matter between the concerned parties. • Sufficient justification was submitted, albeit once it was demolished, which detailed the dwellings structural failings and financial viability of removing the properties. • The dormer windows are located approximately 25m away from the nearest dwellinghouse which is well in excess of the Councils minimum window to window distance of 18m. • The applicant has confirmed that the foundations that have been excavated and concrete poured is for a proposed 955mm high wall (at its highest point) not the proposed garage. The applicant was advised to cease all works on the wall construction. • The revised position of the garage is considered to be acceptable as it is to the rear of the property and not unnaturally high and the pitch slopes away from the property, with the highest point being in the middle of the structure, some 3.5 metres in from the garage side adjacent to the objectors property..

9. Conclusions

9.1 Taking the above assessment into account, it is considered that the replacement dwellinghouses with driveways and detached garages can be constructed without detriment to the residential area in which it is set. The proposal broadly complies with Policies HCF1A and the DSP1−4 of the approved local plan, therefore, notwithstanding the objects received to the proposal, for the reasons detailed in the planning assessment above, it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

16/02400/EU L Residential Development (196 Dwellings) with Formation of Access

Site Address:

Site At Main Street Chryston

Date Registered:

5th January 2017

Applicant: Agent:

Bellway Homes Ltd Scotland N/A Bothwell House Caird Street Hamilton Scotland MO OQA

Application Level: Contrary to Development Plan:

Major Application No

Ward: Representations:

005 Strathkelvin 41 letters of representation received. William Hogg, Frances McGlinchey, John McLaren, Brian Wallace,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The development proposed is considered to be in accordance with the North Lanarkshire Local Plan 2012 as it could be accommodated within the site without detriment to the character and amenity of the surrounding area.

Legal Agreement:

Planning permission should not be issued until the developer has completed a Section 75 Agreement with the Planning Authority to secure the appropriate level of affordable housing, the provision of the appropriate education contribution and a financial contribution to off−site play provision in the local area. !

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Reproduced by permission of Planning Application: 16/02400/FUL the Ordnance Survey on N North behalf of HMSO. (D Crown Lanarkshire Copyright and database right Name (of applicant): Bellway Homes Ltd 2009. All rights reserved. Council Ordnance Survey Licence Site Address: Site At Main Street, Chryston number 100023396. Development: Residential Development (196 Dwellinas) with Formation of Access ProposedConditions:−That

except as may be otherwise agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped: 16031−001#, 16338/100/101, 16338/100/102, 16338/100/103, 16338/500/100, Burgess PL 01, Erinvale PL 01, HT001_PL_01, HT003_PL_03, HT007_PL0I, HT009_PL_01, Kinloch PL 01, Lomond PL 01, Lytham PL 01, Oakmont PL OIA, 16338Queenwood−SK−03, PL 01, Sunningdale PL 01A, Victoria PL OIA, CN/SITE SECT/01, CN/SP/01 E, 16338−SK−04, 16338−SK−05, 16338−SK−07, IFAA(9) 006, TF AA(9) 009, TF AA(9) 010, 52.146.01, 52.146.02, 52.146.03, 52.146.04, 52.146.05, 52.146.06, 52.146.07, 56.146.02

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

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

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

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

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

4. That any remediation works identified by the site investigation required in terms of Condition 3, shall be carried out to the satisfaction of the Planning Authority in accordance to be agreed in writing by the Planning. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority prior the first dwellinghouse hereby permitted becoming occupied confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

That should 12 months or more elapse between the timing of the initial ecological surveys dated October 2016 hereby approved, and development commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation or protection of any protected species, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

6. 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.

7. That the SUDS compliant surface water drainage scheme approved as part of this application 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 any of the houses hereby approved are occupied, 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 occupation of the first dwellinghouse.

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

8. That except as may otherwise agreed in writing by the Planning Authority all works included in the scheme of landscaping and planting approved as part of this permission shall be completed before the occupation of the final dwellinghouse, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the last dwellinghouse, 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.

9. 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 continuingof:−(a) care, maintenance and protection the footpaths to be constructed; (b) the proposed grassed, planted and landscaped areas; (c) the proposed SUDS area; (d) any communal fences and walls;

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

10. That the management and maintenance scheme approved under the terms of condition (9) shall be implemented in accordance with the approved timetable and shall be fully in operation before the last of the houses hereby permitted is occupied.

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

11. That no dwelling hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footway shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

12. That before the last of the dwellings hereby permitted is occupied, all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.

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

13. That before each of the dwellinghouses hereby permitted is occupied, all of the associated parking and turning areas shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning. Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be retained as such to the satisfaction of the Planning Authority.

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

14. That before the development hereby permitted starts a timetable shall be submitted for the written approval of the Planning Authority detailing when all connections to adjacent sites will be in place. For the avoidance of doubt the linkages will be completed contemporaneously with the development and shall be completed prior to the occupation of the last dwellinghouse and retained as such to the satisfaction of the Planning Authority thereafter.

Reason: To ensure that satisfactory pedestrian and vehicular access is in place. 15. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:

• Details of the proposed phasing of all works; • Details of all on−site construction including means of access to the site and; • A dust management plan during the construction period:

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

Reason: In the interests of the amenity of the area to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities.

16. That the noise mitigation measures specified in the document approved as part of this permission titled 'Noise Assessment' by Enviro Centre dated December 2016 shall be implemented to the satisfaction of the Planning Authority and prior to the occupation of plots 2 and 90 verification of the noise levels in gardens and bedrooms should be provided for written approval by the Planning Authority.

Reason: In the interests of residential amenity

17. That BEFORE the development hereby permitted starts a scheme for the provision of 28 affordable housing units on the site shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing by the Planning Authority, no more than 100 units of market housing shall be occupied until the affordable housing has been provided in accordance with the terms of the approved scheme.

Reason: to ensure the provision of affordable housing on the site.

18. That before the development hereby permitted starts, a scheme, for the provision of 2 equipped play areas within the application site shall be submitted to, and approved in writing by the Planning Authority, andinclude:this−(a)shall

details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area; (d) details of the phasing of these works.

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

19. That before occupation of the last dwellinghouse within the development hereby permitted, all works required for the provision of the equipped play areas and, included in the scheme approved under the terms of condition 18, shall be completed.

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

20. That the noise mitigation measures detailed in the noise assessment by Enviro Centre dated December 2016 shall be completed to the satisfaction of the Planning Authority and BEFORE the occupation of plots 2 and 90 verification of the noise levels in gardens and bedrooms should be provided to the satisfaction of the Planning Authority

Reason: To ensure that the appropriate noise mitigation measures are in place

21. That BEFORE the occupation of the 20th dwellinghouse hereby approved or by an alternative timeframe to be agreed in advance in writing by the Planning Authority the measures to mitigate against the increase in development traffic at the Cumbernauld Road/Station Road junction as specified by Sean Boyd of Dougall Bailie Associates in his email of the 6th April should be implemented to the satisfaction of the Planning Authority. Reason: To ensure that the impact of the development on the public road network is mitigated sufficiently.

Background Papers:

Consultation Responses:

Memo from Protective Services received 3rd March 2017 Memo from the Scottish Environment Protection Agency received 23' January 2017 Memo from NLC Greenspace received 7t) February 2017 Memos from Education received 20th January & 22ndFebruary 2017 Memo from Play Services received 12th January 2017 Letter from The Coal Authority received 6th January 2017 Memos from Transportation received 13th and 27 February and 22nd March 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500

Report Date:

7th April 2017 APPLICATION NO. 16/02400/FUL

REPORT

1. Site Description

1.1 The site is L−shaped and located on the northern periphery of Chryston and is approximately 8.9 hectares in size. It consists of grassed pasture bounded by hedgerow and fencing with the land declining downwards from Main Street to the south. The surroundings contain a mixture of established housing to the south and west of the site with open fields to the north, east and the Garnkirk Burn to the west. The site is part of a wider residential land zoning with a recent development to the east and another proposal for housing to the west that is currently under consideration.

2. Proposed Development

2.1 Planning Permission is sought for 196 dwellinghouses incorporating a mixture of detached, semi detached and terraced, with a mixture of house types all featuring a two storey design and an affordable element centrally within the site comprising of 28 units. Access would be taken to the site from Main Street (north of No.7) with a main spine road running in a loop through the site and secondary and tertiary streets and access points also providing a link with sites to the west and east. SUDS is proposed for the treatment of surface water to be attenuated to a pond and detention basin in the north western corner of the site and four areas of public open space are provided throughout the site.

3. Applicant's Supporting Information

3.1 PreThe−Applicationapplicant has submitted an Air Quality Impact Assessment, Design and Access Statement, a Community Consultation Report, Ecology Report, Flood Risk, Transportation Assessment and Street Engineering Review in support of their application.

4. Site History

4.1 A Proposal of Application Notice was submitted for this development (reference: 16/01812/PAN) along with a request for an EIA screening Opinion (16/01855/EIASCR) which confirmed that an EIA was not required.

4.2 The site is part of a wider residential land allocation that was zoned under the North Lanarkshire Local Plan 2012 with the adjacent site to the west (Persimmon) recently constructed and another application currently under consideration to the east (Cala).

5. Development Plan

5.1 The site is zoned as HCF 2 BB (Further Locations for Housing Development) in the North Lanarkshire Local Plan 2012.

6. Consultations

6.1 The following consultation responses were received:

6.2 NLC Transportation: Raised no objections to a finalised Transport Assessment subject to conditions relating to the footpath along the site frontage and minimum visibility and access width requirements being achieved.

6.3 NLC Education: Have set out constraints in local school and play provision and recommended an education contribution of £7,800 per unit to mitigate the impact of the development on the school estate.

6.4 NLC Play Services: Have set out a requirement for a contribution of £58, 000 which would be used to upgrade local park facilities. Further guidance was also given relating to play provision within the site. 6.5 NLC Greenspace: Reviewed the ecological appraisal and noted that no protected species were detected but recommended a condition requiring a condition that the survey be updated if works do not start within a year. Further guidance was also given relating to breeding birds, hedgerow, lighting, SUDS, invasive species, access and the Garnkirk Burn.

6.6 SEPA: Objected due to lack of information with regards to the provision of heat and power in the proposed development and the potential for developing heating networks in the area. In relation to flood risk they initially objected but removed this upon receipt of the necessary flood risk assessment.

6.7 The Coal Authority: Advised that the site is located within a low risk area and that the applicant should follow their standing advice.

6.8 Protective Services: Raised no objection upon receipt of a noise assessment subject to a condition that verification of noise levels in gardens and bedrooms be provided prior to occupation of specific plots.

7. Representations

7.1 Following the neighbour notification and press advertisement 41 letters of representation were received, one from Councillor McLaren, one from Councillor McGlinchy, two from Chryston Community Council and a petition from the Belhaven Park Resident's Group containing 390 signatures. The concerns raised are summarised as follows, and considered later in the report:

• Traffic generation • Access • Capacity of infrastructure and local services • Quality of local facilities • Noise and disturbance • Flooding • Cumulative Impact • Construction disturbance • Loss of green belt and habitat • Loss of amenity • Insufficient community consultation • Incompatible with the objectives of the Council

8. Planning 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. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and the Clyde Valley Strategic Development Plan (SDP). As such, it can therefore be assessed in terms of the local plan policies. The site is zoned under Policy HCF2 BB (Further Locations for Housing Development) in the North Lanarkshire Local Plan (NLLP). Policies DSPI−4 are also of relevance including DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development).

Development Plan:

8.2 Firstly, in terms of the primary HCF2 BB zoning of the site, residential development is actively supported where local school impacts can be resolved. In this case, following consultation with NLC Education, a financial contribution in respect local school impacts can be applied and secured via a legal agreement in order to offset pressures on local school as a result of the development.

8.3 With regard to Policy DSP1 (Amount of Development), the proposed development site has been brought forward to form part of the housing land supply, and complies in this regard. In terms of Policy DSP2, it is therefore consistent with the NLLP's basic locational criteria.

8.4 Policy DSP3 considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance impacts on local schools can be addressed by a financial contribution, as can a contribution be accepted to upgrade an established nearby Council play facility. The developer is currently questioning the scale of the contribution that Learning and Leisure have recommended and further negotiations are required as part of the section 75 legal agreement. Affordable housing requirements can be addressed within the site via condition with the shortfall addressed via a financial contribution as part of the legal agreement. Taking the above matters into account, it is considered that the proposed development broadly accords with Policy DSP3. More site specific impacts can be addressed as part of the development itself.

8.5 Policy DSP4 (Quality of Development) seeks to achieve a high quality of development by taking account of the surrounding context and ensuring proposals minimise any adverse environmental impact or loss of residential amenity. Proposals must achieve a high quality of design, creating a sense of place by incorporating open space, landscaping with a layout that provides a safe and convenient environment.

8.6 A design and access statement has been submitted along with a street engineering review providing information on the proposed layout and design concept, and how the site links to the adjacent development to the west and future development to the east. The layout has been designed to take account of national policy guidance 'Designing Streets' in order to create a greater sense of place, and provide a form of street design that is more pedestrian and cyclist friendly. The proposal is considered to effectively integrate public open space within the site which is well overlooked. A condition is recommended securing landscaping and suitable play facilities within the site and the applicant has agreed to financially contribute to the upgrading of established play facilities nearby. In terms of the Transportation recommendations the access width was amended to meet minimum guidelines and a footpath is also included along the site frontage along with revisions to the internal road layout. Similar visibility is achieved to the adjacent development and a condition is recommended for nearby junction improvements. Taking this into account it is considered that the development may be incorporated with acceptable impacts on the local road network.

8.7 In considering the location of the site in relation to neighbouring residential properties, it has been demonstrated that the layout and design has been developed without significant adverse impacts on neighbouring amenity in respect to sunlight/daylight, levels and privacy, with appropriate standards being achieved. With regards to the impact of the development on noise and air quality, reports have been submitted demonstrating that minimum guidelines would be achieved, and, as detailed above, Protective Services have not objected. It is considered that the development could be accommodated without significant detriment to the proposed housing or neighbouring properties.

8.8 In terms of drainage and flood risk details have been submitted demonstrating that a suitably qualified engineer has designed the surface water treatment in accordance with SUDS best practice and conditions are recommended to ensure that all requirements of Scottish Water, SEPA and general SUDS principles are satisfactorily achieved.

8.9 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4.

Consultations:

8.10 In terms of the SEPA objection on ground of insufficient information with regards to the potential for heat and power networks, in this instance, taking into account that there is no specific local policy or guidance relating to this matter, and that there was no requirement for this on the adjacent site, it is not considered to be reasonable.

8.11 In relation to the comments of Protective Services relating to noise, a condition is proposed requiring appropriate mitigation be put in place before the relevant houses are occupied. With respect to the other consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission. Representations:

8.12 Traffic Generation and Access A development of this scale and density, at the location proposed, will significantly increase vehicles onto a road network that is already described as congested, dangerous and inadequate raising concerns about further congestion, deterioration of local air quality and further risks to road safety.

Response: The Transport and Air Quality Impact Assessments submitted in support of this application demonstrate that the impact of the development on the local road network would not be significant. As detailed above in section 6 NLC Transportation and Protective Services have both considered these matters in detail and have not objected and there is not considered to be any grounds to refuse the application on this basis.

8.13 Capacity of Infrastructure & Local Services Local Schools, Health, Public Transport, Dentist, Sports, Park and Recreation Facilities are already described as being substandard and over capacity without the population increase that this development will bring and there is a concern that insufficient consideration has been given to these wider issues. It is considered that rather than benefitting the existing community the development will exacerbate cumulative problems associated with local infrastructure and service provision. It is recommended that all new house building should be stopped until the Council demonstrates that sufficient capacity exists now and in the future. There is scepticism that any developer contributions, are, or would be, spent locally.

Response: If the committee are minded to grant permission for this development, a decision would not be issued until a legal agreement has been signed securing financial contributions towards local education provision and play facilities that NLC Education has recommended as being required. Thereafter the Council will have resources to invest in local infrastructure. Whilst it is acknowledged that other services may require to respond accordingly to cumulative changes in population, it should be noted that this site has been identified as a housing development opportunity since 2012 and it is considered that its development will also bring with it benefits to the community and local area and the impact of these other services and infrastructure provided is not a sufficient reason for refusal in this instance or placing a moratorium on house building.

8.14 Noise & Disturbance A concern exists that the development will increase noise and disturbance to local residents.

Response: The proposal is residential in nature and it is not therefore agreed that this will conflict with surrounding land uses. In addition to this the noise report was able to demonstrate that the impact of surrounding uses on the proposed housing would be acceptable and Protective Services has not objected. Any noise experienced during the construction phase will be temporary and any adverse issues regarding this would be dealt with separately by Protective Services.

8.15 Flooding Local residents may experience flooding from the development. An adjacent housing site has exacerbated problems in the area and assurances are sought from the builder and also results of soil testing, proposed levels and drainage.

Response: In terms of any potential localised flooding the developer has confirmed that their SUDS will be designed in accordance with best practice, and, as detailed above in paragraph 8.9, both SEPA and Scottish Water has not objected on flooding grounds. A condition is recommended to ensure that general SUDS principles are satisfactorily achieved.

8.16 Loss of Green Belt, Character and Habitat The cumulative impact of various housing developments on the character of the area of Chryston is described as significant losing a 'village feel' with further erosion of an area described as green belt and a haven for wildlife and the loss of this will further reduce habitat and the rural history of the town. It is recommended the developer be forced to build elsewhere on a brownfield site.

Response: The principle of a residential development on this site is not the issue as it has been established previously through the Local Plan process which has found the site to be a sustainable location for this type of development. It is not considered that the proposal would detract from the character of the area and the ecological survey has not found any evidence of the site having the ecological importance that is described or a presence of any protected species. On this basis it is not considered to be reasonable to refuse the proposal.

8.17 Loss of Amenity It is not considered that the development would be of benefit to the local community and that the developer has sought quantity rather than quality. The development would overshadow and overlook the nearest dwellinghouses and their design, size and scale is out of context with the area restricting the views that residents currently enjoy.

Response: The impact on amenity has been considered as part of the assessment in section 8 and the development meets minimum guidelines in this respect and has been demonstrated to integrate without detriment to surrounding dwellings. The loss of view is not a material planning consideration.

8.18 Construction Disturbance Concerns are raised about disturbance caused by other developments in the area and the cumulative impact of more road works, noise and construction adding to disturbance, damage and creating additional road safety issues.

Response: Any disturbance during the construction period would be temporary and is not a material planning consideration. Protective Services has a remit to regulate construction noise and Transportation can address any issues on the public road separately under their own legislation.

8.19 Insufficient Consultation with the Local Community The majority of the community are unaware of the proposal and what the opportunities are, and timescales in which to respond. Some are elderly and not able to respond in the ways the council have requested. Additional consultation is recommended so that views can be expressed further.

Response: The developer fulfilled their statutory requirements in terms of the local community, and, upon receipt of the application, the standard neighbour notification procedure was followed. I am satisfied that residents and the local community more generally have been given adequate opportunities to make representation. As such further consultation is not considered to be necessary.

8.20 The Proposal Conflicts with the Council's Corporate Objectives It is not considered that the proposal meets wider council objectives seeking to strengthen communities by managing services and improve the capacity of community−based organisations whilst also improving schools and community facilities.

Response: In terms of the Council's wider objectives, the proposal has been assessed and is considered to be acceptable from a planning perspective. The viewpoint that is proposed that this is in conflict with wider priorities is not accepted.

9. Conclusions

9.1 In conclusion, following detailed assessment of the application and notwithstanding the objections received, it is considered that the proposed residential development is an acceptable departure from the relevant policies of the North Lanarkshire Local Plan. It is therefore recommended that planning permission is granted subject to conditions and the appropriate Section 75 Legal Agreement.

9.2 It should be noted that a site visit and hearing has been requested by the community council. Application No: Proposed Development:

1 7/00075/FUL Construction of a 1.5 Storey Dwellinghouse Site Address:

Site At High Banton Road Banton North Lanarkshire

Date Registered:

24th January 2017

Applicant: Agent: Ms Catherine Cavanagh Bare Architecture Kilawton 4 Rannoch Avenue High Banton Road Hamilton Banton Scotland Scotland ML3 8UD G65 OQY

Application Level: Contrary to Development Plan: No

Ward: Representations: 001 Kilsyth None Jean Jones, Heather McVey, Alan Stevenson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed dwelling complies with the relevant local plan policies and will integrate sensitively into the surrounding landscape. 0

c /

I.:

Reproduced by permission of Planning Application: 17/00075/FUL the Ordnance Survey on Name (of applicant): Ms Catherine 1 behalf of HMSO. © Crown N North Cavanagh Copyright and database right 1 Lanarkhire 2009. All rights reserved. Site Address: Site At Council Ordnance Survey Licence High Banton Road A number 100023396. Banton r North Lanarkshire Development: Construction of a 1.5 Storev Dwellinahouse ProposedConditions:−1.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− AR16013 (PL) 001, 003D, 004D, 005 C and 006D.

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

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

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

3. Unless otherwise agreed in writing by the Planning Authority, a visibility splay of 2 metres by 20 metres shall be formed at the site access prior to the occupation of the dwelling hereby approved.

Reason: In the interests of road safety.

4. That before the dwellinghouse hereby permitted is occupied everything exceeding 1.05 metres in height above road channel level, shall be removed from the sight line areas approved under condition 3 above 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.

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

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

That before any works start on site, full details of the septic tank and soakaway system to be installed shall be submitted to and approved in writing by the Planning Authority and the applicant shall confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA).

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

7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, andinclude:approved−(a) in writing by the Planning Authority, and it shall

details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows to be retained in accordance with approved drawing AR16013 (PL) 003D, and measures for their protection in the course of development; (d) details of the proposed reinforcement works to the banks of the Banton Burn within the site; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

Reason: To allow the Planning Authority to assess these aspects in detail.

8. That all works included in the scheme of landscaping and planting, approved under the terms of condition 7; above, unless otherwise agreed in writing by the Planning Authority, shall be completed to the satisfaction of the Planning Authority prior to the occupation of the dwelling hereby approved or in terms of planting within the first available planting season and in accordance with the recommendations contained within the Phase 1 Habitat Survey produced by Wild Surveys Ltd dated 215t December 2016, 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: To help the development integrate with the countryside location.

9. That should 12 months or more elapse between the timing of the initial ecological survey dated December 2016 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1 994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.

10. Notwithstanding the terms of conditions 7 and 8 above and unless otherwise agreed in writing by the Planning Authority, before any trees identified for felling are felled, a rope and harness inspection should be carried out by a suitably qualified ecologist to check for the presence of bats and a qualified ornithologist must also check for the presence of nesting birds if the proposed felling works are to be carried out during the bird breeding season (March to August). Furthermore, a walk over survey should be carried out by a suitably qualified ecologist to check for any badger setts otter holts within the site. If the presence of any protected species is found then the applicant shall submit details of remedial treatment and mitigation to be approved to the satisfaction of the Planning Authority prior to the commencement of works on site.

11. No development shall take place within the development area until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority. For the avoidance of doubt the written scheme of investigation shall include the following: 1) a photographic record of the current site conditions; 2) a metal detection survey of the proposed development area and resulting in the 3−d location of all finds; 3) if this exercise identifies sites or objects of merit there should be proposals for further works potentially including analysis, reporting, publication and archiving.

Reason: To ensure that no archaeological evidence is lost as a result of the proposal. Background Pagers:

Consultation Responses:

Historic Scotland received 81h February 2017 Scottish Environment Protection Agency received 30th January 2017 The Coal Authority received 7th February 2017 Archaeology Service received 7th February 2017 NLC Greenspace 5th April 2017 Traffic & Transportation 7th April 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

10 April 2017 APPLICATION NO. 17/00075/FUL

REPORT

1. Site Description

1.1 The application site lies on the northern fringe of Banton village on the western side of High Banton Road and due north of the dwelling Kilawton'. The site is of a stretched rectangular shape running north−south. The Banton Burn also runs/meanders north−south dissecting through the middle of the site.

1.2 The site is covered with scrubland and mature trees. It is bounded to the east by High Banton Road and to the west by an old stone dyke, to the south by the dwelling known as 'Kilawton' with more dense woodland to the north.

2. Proposed Development

2.1 The applicant proposes the development of a one and a half storey dwelling, with three traditionally styled dormers and a central bay to the front eastern elevation with a 'catslide' dormer to the rear. The proposed dwelling mirrors in plan the shape of the site, being orientated north−south. The proposal also involves reinforcing the eastern bank of the Banton Burn and the utilisation of an existing pedestrian access bridge over the burn at the southern end of the site to a proposed vehicle parking area for two vehicles leading to a vehicular access with a proposed visibility splay of 3 metres by 45 metres.

2.2 The proposed dwelling would be finished in white smooth render with a grey facing brick basecourse and panelling within the front bay feature with grey window frames and doors and grey rooftiles.

3. Applicant's Supporting Information

3.1 The applicant has provided a Flood Risk Assessment, a Habitat Survey, a Tree Survey and a Coal Mining Risk Assessment.

4. Site History

4.1 Prior to the construction of the dwelling immediately to the south of the site in 1979 (Kilawton), the site formed part of a builders yard before being subsumed into garden ground for the new dwelling.

4.2 The site received planning permission in principle for the erection of a dwelling in 2003 (03/01211 /OUT). This consent lapsed without the benefit of a detailed consent. A new application for the erection of a dwelling on the site was submitted in 2016 (16/00986/FUL). This application could not be properly assessed, as issues of potential flooding, mineral stability, habitat and archaeology had not been addressed in the submission. The application was therefore withdrawn to allow the applicant to have the relevant issue specific reports produced that have now been submitted as part of this planning application now under consideration.

5. Development Plan

5.1 The southern half of the site lies within HCF1A (an Established Residential Area/urban envelope) within the North Lanarkshire Local Plan. The northern half of the site lies within the Green Belt, Policy NBE3 A in the Local Plan, which seeks to protect the Green Belt countryside from inappropriate development with no rural justification. All of the site lies within a designated Site of Importance for Nature Conservation (SINC), Policy NBE1 A4a within the Local Plan.

6. Consultations

6.1 Historic Environment Scotland has recommended that an archaeological survey takes place prior to any construction works on site due to sites proximity to the designated site of the Battle of Kilsyth and some troop movements may have taken place around the site area. In this regard, the Council's Archaeological service has also recommended that an appropriate condition be imposed. 6.2 The Coal Authority does not object to the proposal as there is 16 metres of rock cover below and hence the site is stable.

6.4 SEPA has provided standard advice.

6.5 The councils Greenspace team has expressed no objections subject to the implementation of appropriate Protected Species Surveys and habitat protection measures on the site prior to construction works as outlined in the Phase 1 Habitat Survey produced by Wild Surveys Ltd dated 21st December 2016. The councils Traffic and Transportation Team has expressed no objections to the proposal subject to standard parking and access conditions.

7. Representations

7.1 No letters of representation have been received.

8. Planning Assessment

8.1 Section 25 of The Town and Country Planning (Scotland) Act 1997 requires that Planning applications be assessed in terms of the Development Plan and any other appropriate material considerations. In this case the application is not of strategic significance and therefore should be assessed in terms of the relevant local plan policies. In this case being policies HCF1A (an Established Residential Area/urban envelope), Policy NBE3 A (Green Belt) and policy NBE1 Ma, a designated Site of Importance for Nature Conservation (SINC), within the Local Plan.

8.2 In this case, the southern half of the site lies within Policy HCF1 A, an established residential area in the local plan. This policy seeks to protect existing residential amenity. The northern half of the site lies within Policy NBE3 A (Green Belt) within the local plan. This policy seeks to protect the Green Belt from inappropriate development which has no justification in terms of a rural location. In this case, the site has the benefit of a previous planning consent for the construction of a dwelling (in principle) in 2003. The also previously formed part of a builders yard. The originally submitted proposal was for the construction of a dwelling on the northern half of the site, wholly within the Green Belt zoned part of the site. An amended scheme has subsequently been submitted with the proposed dwelling now being substantially (80%) within the urban envelope and compliant with policy HCF1A and broadly compliant with Policy NBE3 A (Green Belt). This has the benefit of utilising an existing pedestrian access bridge over the Banton Burn into the site as well as an adjacent piece of land for dedicated parking. This results in the vast majority of the northern half of the site remaining unaffected by the construction of the proposed dwelling. This will also result in the Green Belt part of the site being used as garden ground and remaining largely unaltered in terms of its visual character, with the existing drystane dyke on the western boundary and allow timber fence on the eastern boundary with the Banton Burn. Amended elevation drawings have also been submitted which have improved the dormers and windows of the proposed dwelling making more traditional in design and more appropriate to the rural setting. As such, it is considered that the proposal as amended complies with policy DSP 4 (Quality of Development).

8.4 All of the site is within a designated SINC, Policy NBE1 Mawithin the local plan. This policy seeks to protect the natural habitats, flora and fauna of a site area that has been identified as being important in terms of nature conservation. The policy aims to protect such areas from development that would be detrimental and damaging to these natural habitats. In this case, due to the more sensitive amended proposals and the suggested Protected Species and habitat protection measures, it is considered that impact on this part of the SINC area can be kept within acceptable levels.

8.5 No objections have been received as a result of neighbour notification or through the consultation process subject to the imposition of the appropriate mitigating conditions.

9. Conclusions

9.1 For the reasons stated in the preceding paragraphs, it is considered that the proposal is acceptable and compliant with the relevant local plan policies. This application is therefore recommended for approval subject to the application of the appropriate conditions. Application No: Proposed Development:

1 7/00143/FUL Construction of New Road Junction Including Right Turn Storage Bay on the A71 Horsley Brae onto Brownlee Road Site Address:

Site To North East Of Garrion Bridges Garden Centre, Horsley Brae Overtown North Lanarkshire

Date Registered:

26th January 2017

Applicant: Agent: North Lanarkshire Council Joanne Glennie Fleming House North Lanarkshire Council 2 Tryst Road Fleming House Cumbernauld 2 Tryst Road Scotland Cumbernauld G67 1JW Scotland G67 1JW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw 4 letters of representation received. Rosa Zambonini, Jim Hume, Samuel Love, Frank McKay,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed widening of the road to accommodate the junction improvements is considered acceptable in terms of the relevant policies of the North Lanarkshire Local Plan. It is considered that the road improvements are unlikely to have a significant adverse impact on existing uses around the road junction or lead to a significant loss of land from the area surrounding the road to the detriment of the Green Belt and the area of Great Landscape Value. The

Reproduced by permission of Planning Application: 171001431FUL the Ordnance Survey on Name (of applicant): North Lanarkshire N North behalf of HMSO. © Crown Copyright and database right Council I Lanarkhire 2009. All rights reserved. Site Address: Site To North East Of Ordnance Survey Licence Garrion Bridges Garden Centre, number 100023396. A Horsley Brae 1r Council Overtown North Lanarkshire Development: Construction of New Road Junction Including Right Turn Storage Bay on the A71 Horsley Brae onto Brownlee Road ProposedConditions:−That

the development hereby permitted shall be carried out strictly in accordance with the following approved drawings nos: TE/RDS/4235/M/LOC−1, TE/RDS/4235/Pav−01 and TE/RDS/M4235−DEP01.

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

2. That before the development hereby permitted starts unless otherwise agreed in writing with the Planning Authority, a detailed scheme of landscaping shall be submitted to, and approved in writing by theinclude:Planning−(a) Authority, and it shall

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

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

That, notwithstanding the generalities of Condition (2) above, details of a native hedgerow provided on either side the proposed new road shall be submitted to and approved in writing by the Planning Authority and, for the avoidance of doubt, should include species such as Hawthorn, Blackthorn, Dog Rose and Hazel.

Reason: To ensure adequate replacement hedgerow is proposed and to enable the Planning Authority to consider these aspects in detail.

4. That, notwithstanding the generalities of Condition (2) above, details of replacement planting with standards of the same species for the mature trees that are to be felled to the east of the application site shall be submitted to and approved by the Planning Authority and, for the avoidance of doubt, the replacement trees shall connect to the existing woodland.

Reason: To ensure the provision of adequate replacement planting.

5. That all works included in the scheme of landscaping and planting, approved under the terms of condition 2 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 development hereby permitted becoming operational shall be replaced within the following year with others of a similar size and species unless otherwise agreed in writing with the Planning Authority.

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

6. That prior to the removal of the trees within the site, a further bat potential survey shall be carried out and if potential is found, a bat emergence survey shall be undertaken, the said surveys shall thereafter be submitted to and approved in writing by the Planning Authority before the removal of the trees. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage, prior to the removal of trees within the application site.

Reason: To ensure compliance with Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation (Natural Habitats &c.) Regulations 1994.

7. That all works to the trees to be felled or the subject of trimming, canopy reduction or other arboricultural works shall be section felled/trimmed as detailed in section 6.1 of the Ecological Assessment by Echoes Ecology Ltd dated 6th October 2016. The trees shall be the subject of a dawn survey and climbing inspection by an experienced tree−surgeon, using an endoscope where required, prior to removal by section felling. In the event that bats are found at any point during the tree works, a European Protected Species License will be required to be obtained from Scottish Natural Heritage and tree works shall cease with immediate effect with the relocation of any protected species being implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage prior to tree works recommencing.

Reason: To ensure compliance with Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation (Natural Habitats &c.) Regulations 1994.

8. In the event that site clearance cannot be restricted to being outwith the breeding bird season March − August inclusive, the site must be inspected by a suitably qualified ecologist for nesting birds within 48 hours of commencing site clearance. Site clearance will be restricted to safe working distances from any nesting sites that are found (as determined by the ecologist) until the birds have completed nesting. Nesting sites must be demarcated with fencing to prevent disturbance from site clearance.

Reason: To ensure compliance with the Wildlife & Countryside Act 1981.

That the works associated with the Badger Sett exclusion and destruction shall be carried out in accordance with Method Statement submitted by Echoes Ecology Ltd and, for the avoidance of doubt the works hereby permitted shall only commence once it has been demonstrated to the satisfaction of the planning authority, that a License has been obtained from Scottish Natural Heritage.

Reason: To define the permission.

10. That BEFORE the development hereby permitted starts, a Badger Protection Plan, addressing the protection of Badgers, Badger Setts and access to their foraging ground, shall be submitted to the Planning Authority for approval in conjunction with SNH. Full details of protection and mitigation measures are to be provided and all approved mitigation works are to be carried out to the satisfaction of the Planning Authority and SNH prior to works starting on the site.

Reason: In the interests of nature conservation and for the protection of Badgers and their safe access to foraging grounds.

11. That if works have not been carried out within one year of all current (2016) surveys, updated surveys will be required to be submitted to the satisfaction of the Council as Planning Authority.

Reason: To ensure compliance with Schedule 5 of the Wildlife and Countryside Act 1981 (as amended) and Schedule 2 of the Conservation (Natural Habitats &c.) Regulations 1994.

12. That before the development hereby permitted starts, tree protection measures in accordance with BS 5837 shall be erected along the drip line of the trees on the northern section of the A71 B7011 junction, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To maintain the contribution of existing trees to the landscape quality of the area and to ensure that the trees on the southern, western and northern boundaries are protected during the works.

13. That PRIOR to any works of any description being commenced on the application site, an appropriate programme of remedial works to stabilise coal mine workings within the site shall be submitted to and approved in writing by the Planning Authority in conjunction with The Coal Authority.

Reason: To ensure that the coal mine workings within the site are stabilised in the interests of the safety of future users of the site.

14. That prior to the development being brought into use, the remediation works identified and required in terms of Condition 13 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 that the coal mine workings within the site are stabilised in the interests of the safety of future users of the site. Background Papers:

Consultation Responses:

Memo from Environmental Health (including Pollution Control) dated 1s' February 2017. Memo from South Lanarkshire Council dated 21st March 2017. Letter from The Coal Authority dated 13 September 2013. Email from Greenspace dated 7' April 2017.

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500

Report Date:

24th March 2017 APPLICATION NO. 17!00I43IFUL

REPORT

Site Description

1.1 The application site extends to 1.4 hectares and comprises of a 370 metre section of the A71 Horsley Brae a 170 metre section of the B7011 Brownlee Road and a 27 metre stretch of the private access road on the western side of the A71 opposite the Brownlee Road, to the North of the Garrion Bridge. The application site comprises of the road and a 21 metre buffer on the eastern side of the carriageway. The road rises from the south to the north and decreases steeply onto the Brownlee Road. The application site is bounded by open land to the west, the Garrion Bridge Garden Centre to the south east, with open land to the east and by a wooded area on the northern and southern side of the Brownlee Road. Hedging runs the length of the road on both sides and there are three mature trees on the south eastern side of the road between the Garden Centre and the Brownlee Road junction.

Proposed Development

2.1 Planning permission is sought to increase the width of the public road to form a new junction on the A71 and the B7011 and to form a new right hand storage bay on the A71 onto the B701 1. A number of alterations are proposed within the carriageway in addition to a reduction in the speed limit to 30 mph. These aspects of the development have been designed in accordance with the requirements of the road design under the Roads (Scotland) Act 1984 and the Design Manual for Roads and Bridges (DMRB). The application is a joint project between South Lanarkshire Council and North Lanarkshire Council. It should be noted that this application is a renewal of an expired planning permission (expired in January 2017).

3. Applicant's Supporting Information

3.1 The applicant has submitted a Coal Mining Risk Assessment and a Protected Species Survey in connection with the application.

4. Site History

4.1 Planning permission was granted on 22 n January 2014 for Construction of New Road Junction Including Right Turn Storage Bay on the A71 Horsley Brae onto Brownlee Road (12/00992/FUL). This consent was never implemented and expired in January 2017.

5. Development Plan

5.1 The application site is zoned as NBE 3A Assessing Development in the Green Belt, NBE1 A3b Area of Great Landscape Value and NBE1 A4a Site of Importance for Nature Conservation in the North Lanarkshire Local Plan.

6.1 Consultations

6.1 Neither Roads and Transportation nor Protective Services raised any objections to the proposed development.

6.2 Greenspace have no objections to the proposals subject to conditions relating ensuring that works are carried out as per submitted Reports and within a certain timeframe.

6.3 The Coal Authority were not consulted on the current planning application, however they were consulted previously and their comments have been transferred over to this application. None of the details have changed since their response in 2013. They have therefore raised no objections subject to the imposition of a planning condition requiring further investigation works, prior to the commencement of the development. 7. Representations

7.1 Four letters of representation have been received following the neighbour notification and press advertisement procedures. The issues raised are summarised below:

1. This is a waste of money, the holding bay/filter lane won't alleviate the problem as it can't hold enough cars. Up to 9 consecutive cars wish to turn right onto Brownlee Road and only room for 4 cars is proposed. 2. The new road restricts access along the private road at ML20RW. 3. The works to complete the roadworks will cause nuisance to the many businesses and dwellings along the private road. 4. The traffic issues are caused by southbound traffic from Overtown direction as there is no allowed priority access for right turning vehicles for vehicles travelling from Garrion Bridge direction, therefore the current proposals will not alleviate this historic problem. 5. Inadequate neighbour notification was carried out therefore adequate time should be afforded to review the application and make comment. 6. Inadequate information has been submitted with the application. 7. Are the proposals acceptable for pedestrians to cross the road(s)? 8. Has an appropriate Road Safety Audit been carried out? 9. Has consideration been given to street lighting, reduced speed limits, passive traffic calming measures? 10. Is there impact on Bat/Insect life due to the proximity of waterways?

Planning Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. The application raises no strategic issues, it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan (NLLP) the site is zoned as NBE 3A Assessing Development in the Green Belt and NBE1 A3b Area of Great Landscape Value. A section of the site to the north and south of Brownlee Road is zoned NBE1 Ma(Site of Importance for Nature Conservation).

8.2 Policy NBE 3A (Green Belt) seeks to protect the character and promote development in the Green Belt by restricting development to acceptable types whilst Policy NBE1 A3b states that permission will only be granted for proposals that have demonstrated that there will be no adverse impacts or that any impacts can be mitigated in environmental terms. The application site extends into a Site of Importance for Nature Conservation that is on both sides of the Brownlee Road. Policy NBE1 Ma applies and seeks confirmation that there will be no adverse impacts or that any impacts can be appropriately mitigated.

8.3 The land covered by these local plan policies aligns the road and mainly covers areas which require minor earthworks and landscaping associated with the proposals. Given that the land involved is marginal in terms of size and scale and is restricted to open land mostly to the east of the existing road, the proposed development would not adversely affect the function and character of the Green Belt and the Area of Great Landscape Value from being included in the proposals. These areas of land have been included following the preparation of a detailed scheme that allows for the formation of a right hand storage bay from the A71 onto the B7011, in order to help reduce congestion at this junction. It is considered that in this case, the proposed marginal encroachment into Green Belt and a Site of Importance for Nature Conservation within the Area of Great Landscape Value can be accommodated without detriment to the surrounding area.

8.4 Policies DSP 1−3 (Amount, Location and Impact of Development): Given the scale and nature of the development, Policies DSP 1−3 would not be of relevance to this application.

8.5 DSP4 (Quality of Development) indicates that developments should integrate successfully with the surrounding area and avoid harm to the neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing properties through loss of amenity including noise and disturbance. It also indicates that consideration should be given to siting, layout, scale, materials and access. 8.6 In assessing the impact of the proposed development on the area, it is considered that the proposed amendments to the junction will integrate well with their location. In this instance, it should be noted that as the proposed development involves the upgrading of the A71 and B7011 junction, the design principles are limited given the requirements of the road design under the Roads (Scotland) Act 1984 and the Design Manual for Roads and Bridges (DMRB). The proposed development is not considered to adversely affect the character of the area or have any significant long term adverse visual impacts on the landscape. Whilst traffic flow will be impacted upon at the construction phase, this is considered to be a short term issue of a temporary nature. There is considered to be no overriding adverse impacts on natural habitats given the minor nature of tree removal and earthworks. Whilst there is evidence of protected species adjacent to the site, appropriate mitigation measures have been detailed and these measures are to be implemented in accordance with the requirements of Greenspace and appropriate planning conditions are proposed to secure this. Some tree works are required, mostly those that adjoin the carriageway on the eastern side of the A71 and, whilst no landscaping details have been submitted at this stage, a planning condition is recommended to ensure that a full detailed scheme is submitted prior to the commencement of works on site detailing suitable replacement planting. The trees on the periphery of the site are not to be affected by the development, however, it is considered appropriate to ensure that tree protection measures are installed prior to the start of works on site and that prior to the lopping/topping of trees, a further survey be carried out to ensure that no statutory protected species would be adversely impacted upon. The proposed junction improvement works will support the transportation links into the area to encourage greater transport connections relieving a long standing area of congestion at peak times. It is therefore considered that, subject to the recommended conditions, the proposal complies with the relevant criteria contained in Policy DSP4.

8.7 In connection with the comments received from consultees, planning conditions are attached to meet with the requirements of Greenspace Services and the Coal Authority.

Disagree, the right hand storage bay will be able to accommodate at least 12 average sized cars which will help alleviate the existing problem. 2. A number of turning track movements were carried out by Transportation and these have been modelled against the proposed layout and the models highlight that the left and right turns from the private access on to the A71 can be carried out. There are no restrictions to be placed onto the A71 for vehicles looking to exit onto the A71 in either direction. However, given the geometry involved, there is no scope to allow a straight ahead movement from the access to Brownlee Road and vice versa. The turning templates include vehicles up to the size of the maximum legal vehicles permitted by Construction Use Regulations on the road network.

The layout was assessed during the design stage using turning track diagrams to model the following manoeuvres:− a. Tractor and Hay Wagon − Left turn into access and right turn out of the access. b. Maximum Legal Articulated Vehicle − Left turn into access and right turn out of the access, right turn from Horsley Brae to Brownlee Road and southbound straight through on Horsley Brae. c. Pantechnicon − Left turn into access and right turn out of the access. d. Low Loader − Left turn into access and right turn out of the access.

All the above turning track diagrams show the appropriate manoeuvres being carried out successfully.

The project is designed on design speed as per Design Manual for Roads and Bridges. It is not common practice to design on the basis of non−compliance or illegal manoeuvres. 3. There will be disruption to the immediate area during the construction of the new junction and associated works, however, this is common to all roadworks and development projects. Access to businesses and dwellinghouses will be maintained throughout the construction works. 4. There was a STAG part 1 report prepared by Faber Maunsell and STAG Part 2 by WSP. As part of this process, a workshop was arranged for key stakeholders in the project and this was carried out prior to the submission of the application for planning permission. It should be noted that, in order to complement the proposed arrangements, a reduced speed limit of 30mph is proposed. This reduced speed limit should help cars to make the right turn from the A71 onto Brownlee Road. 5. The standard neighbour notification procedures were carried out and on the grounds that land without an associated postal address adjoined the boundary of the application site a neighbour notification advertisement was displayed in the Wishaw Press on the 8h February 2017. 6. Disagree, sufficient information has been submitted to allow this service to make a balanced decision on the proposal. 7. The proposed design shows an improved pedestrian link to Brownlee Road and seeks to improve road safety at this location. 8. A Stage 1 Road Safety Audit was carried out as part of the Scottish Transport Appraisal Guidance (STAG) process. For information, the STAG identified potential solutions to the congestion experienced at the A71/Brownlee Road Junction and it was decided to proceed with the current proposal. 9. There are no proposals to provide street lighting to compliment the proposals. As mentioned in (4) above it is proposed to reduce speed limits at the area to 30mph. This together with road markings and the geometry of the road will help reduce speeds in the area. 10. Appropriate Ecology studies have been submitted as part of the planning application.

9. Conclusions

9.1 Taking all of the above matters into account, it is considered that the application is in accordance with Policies NBE 3A and NBE1 A3b through the construction of road improvement works which would support the local road network. Furthermore, it is considered that the proposal accords with Policies DSP 1 to 4 of the North Lanarkshire Local Plan and consideration has also been given to the letters of representation received in arriving at this recommendation. Drawing all matters together, it is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

1 7/00207/FUL Proposed Partial Demolition and Façade Retention of 2 Storey Grade C Listed Building and Erection of 3 Storey Hostel Building Comprising 9 Bedrooms and Ancillary Accommodation

Site Address:

9 Bank Street Coatbridge ML5 IAJ

Date Registered:

13th February 2017

Applicant: Agent: Clyde Valley Housing Association ARM Architects LLP 50 Scott Street 2a Berkeley Street Motherwell Glasgow ML1 1PN G3 7DW

Application Level: Contrary to Development Plan: Local No

Ward: Representations: 009 Coatbridge West 42 letters of representation received. James Smith, Paul Welsh, Kevin Docherty,

Recommendation:

Reasoned Justification:

The proposal complies with policies RTC 1A (Town Centres) NBE 1 3a (Conservation Areas) and NBE 1B2a (Listed Buildings) in the adopted North Lanarkshire Local Plan. The proposed use, scale and location of the development are considered to be acceptable and the proposal will not detrimentally affect the character and appearance of the listed building or the wider conservation area.

ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers 1035−5301, 1035−D201, 1035−D202, 1035−D21−D203, 1035−D204, 1035−0205, 1035−D206, 1035−D207, 1035−0208, 1035−D210 and 1.

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

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

Reason: To the interests of visual amenity and to preserve the character of the Listed Building and the Conservation Area.

3. That all replacement windows to the retained facade shall match the original windows in all aspects of their design including proportion, frame dimensions, materials, finish and method of opening.

Reason: To the interests of visual amenity and to preserve the character of the Listed Building and the Conservation Area.

4. That before the occupation of hostel hereby permitted, the recommended mitigation measure identified in the submitted Noise and Vibration Assessment undertaken by WSP UK Ltd dated 20th February 2017 shall be fully carried out and completed. Before the development is occupied, a certificate (signed by a suitably qualified professional) shall be submitted to the Planning Authority confirming the recommended mitigation measures have been carried out in accordance with the terms of the Noise and Vibration Assessment.

Reason: In the interests of the amenity and wellbeing of future occupants.

5. That before the development hereby permitted starts details of the proposed temporary supports for the retained facade shall be submitted to the Planning Authority for approval in consultation with Network Rail and the development will be carried out in full accordance with the approved details. For the avoidance of doubt, where any works cannot be carried out in a "fail−safe" manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic i.e. by a "possession" which must be booked via Network Rail's Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks.

Reason: To safeguard the railway which is at most risk during the construction phase of the project.

Background Papers:

Consultation Responses: Memo from Traffic & Transportation received on 10th April 2017. Memo from Protective Services received on 7th March 2017. Letter from Network Rail dated 3rd April 2017

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500

Report Date: 12 April 2017 APPLICATION NO. 17/00207/FUL

REPORT

Site Description

1.1 The application site is located in central Coatbridge within the Blairhill and Dunbeth Conservation Area. The site is defined as 9 Bank Street, a traditional style two storey red sandstone tenement block which is a category C' listed building. The ground floor was commercial units and the whole site has been vacant for some time and is currently in very poor condition.

1.2 The north site boundary adjoins the south edge of Bank Street and ground floor retail units are directly accessible from here. The upper floor is also accessible via a staircase off the main elevation. The south boundary of the site adjoins the rear car parking courtyard shared with 1 Bank Street, 2 Ross Street and a modern residential block beyond. The courtyard is accessible from Buchanan Street. A railway viaduct adjoins the site's west boundary while Ross Street lies to the east, beyond which is a further retail unit. The site forms an important gateway to the Town Centre.

Proposed Development

2.1 Full planning permission is being sought for partial demolition the existing building, retention of the existing traditional facade and erection of 3 storey hostel building comprising 9 bedrooms and ancillary accommodation.

2.2 The physical works comprise retention of the existing traditional facade onto Bank Street behind which a modern infill building will be erected for the proposed hostel use.

3. Applicant's Supporting Information

3.1 The applicant has offered a statement providing some additional information on the proposed which confirms that:

"The Council has a responsibility to provide accommodation and support services to vulnerable homeless people. The revised Temporary and Supported Accommodation Strategy identified a shortfall in the provision of intensively supported accommodation in some areas of North Lanarkshire, including Coatbridge. The development of supported accommodation at Bank St was identified as a potential option and would enable homeless people from Coatbridge to access services in their local area and would assist them to maintain their relationships within their own communities.

The purpose of intensively supported accommodation is to help vulnerable people address the issues in their lives and learn the skills needed to live independently in their own homes in future. The accommodation will be staffed 24 hours a day, seven days a week by appropriately trained staff who are particularly experienced and qualified in this field. The council operates other supported accommodation provision across North Lanarkshire and there have been no complaints or issues raised by neighbours in these localities."

3.2 The applicant has submitted a Coal Mining Risk Assessment and NoiseNibration Report for assessment.

4. Site History

4.1 The following previous application is relevant to the current proposal:

1 1/00190/FUL Refurbishment of Building, Including Shopfront and Elevational Alterations 22nd and Change of Use of Upper Floor to 2 Residential Units − Approved November 2011 4th 14/02174/CON Partial Demolition of Listed Buildings − Withdrawn December 2014 14/02176/FUL Partial Demolition, Facade Retention and Erection of 3 Storey Flatted 25th Building (7 units) − Withdrawn November 2016 1 4/02424/LBC Partial Demolition, Facade Retention and Erection of 3 Storey Flatted 20th Building (7 units) − Approved January 2015 5. Development Plan

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

5.2 The application site is zoned jointly under Policies RTC IA (Town Centres) and NBE 1 B3a (Conservation Areas) within the adopted North Lanarkshire Local Plan. Policy NBE 1B2a (Listed Buildings) is also of relevance.

6. Consultations

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

i. Traffic & Transportation have objected and are recommending that planning permission be refused due to lack of parking ii. Protective Services have commented that the noise impact assessment provided previously for this site will be acceptable with mitigation measures implemented as this is now temporary accommodation. In addition, reference is made to refers to best practice relating to noise from construction, construction hours, dust control, construction waste and site contamination. iii. Network Rail has concerns regarding the close proximity of the development to the existing railway bridge and overhead electrical lines and object unless planning conditions and informatives are added to any permission covering the manner in which the work is undertaken.

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, 42 letters of representation received which object on the ground that affordable housing would be more appropriate, proximity of shelter accommodation, potential occupants, proximity of primary school/Time Capsule/Heritage Park, addicts, funding, impact on town centre, impact on listed building, pedestrian route, facade, anti−social behaviour, problems with existing homeless units, impact on house prices, previous proposal preferred and neighbour notification.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is of no strategic importance the relevant development plan would be the Adopted North Lanarkshire Local Plan 2012.

8.2 Development Plan: North Lanarkshire Local Plan: The site is located within Coatbridge town centre and the Blairhill & Dunbeth Conservation Area jointly covered by Policies RTC 1A (Town Centres) and NBE 1 B3a (Conservation Areas). Policy RTC 1A seeks to protect town centres and identifies appropriate uses such as Class 1 (Shops), Class 2 (Financial, professional and other services), Class 3 (Food and drink), Class 4 (Business), Class 7 (Hotels and Hostels), Class 8 (Residential institutions), Class 9 (Houses), Class 10 (Non residential institutions) and Class 11 (Assembly and leisure). The proposed hostel use is identified as an acceptable land use within town centre as promoted by policy RTC 1A.

8.3 The site is a 'C' listed building located within the Blairhill & Dunbeth Conservation Area where policies NBE I B2a (Listed Buildings) and NBE 1 3a (Conservation Areas) are relevant. Policy NBE 1 B2a (Listed Buildings) states that any development shall be appropriate to the character and appearance of the listed building and its setting, while policy NBE 1 3a states that the designs, materials, scale and siting of any development shall be appropriate to the character of the conservation area and its setting. The existing buildings are in a very poor condition, have been vacant for a considerable amount of time and would require substantial work to allow habitation. This proposal seeks to partially demolish the existing building, retain and repair the existing traditional facade and the erection of a 3 storey hostel behind the facade. The facade retention will minimise the impact on the visual amenity of the conservation area as this will provide some continuity with the existing attached traditional buildings whilst the erection of the hostel development will be in the form of a modern contemporary infill that does not dominate the retained facade, neighbouring listed building and wider conservation area. It is, therefore, considered that the proposal is in keeping with the character of the property, will retain the important architectural and historic features of the existing listed building which will result in a direct improvement to the visual amenity and public views of this part of the conservation area. The proposed modern infill is not over dominant and allows the remaining facade to retain it prominence within the streetscene which complies with policies NBE I 132a (Listed Buildings) and NBE I 3a (Conservation Areas).

8.4 The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the scale and nature of the development, DSP 1, DSP 2 and DSP 3 are not relevant. Policy DSP 4 states that development will only be permitted where high standards of site planning sustainable design are achieved. Based on the assessment in section 8.3 above, it is considered that the proposed facade retention and modern infill development for a hostel use is of a high design standard. It is considered, therefore, that the proposal is in accordance with policies of the North Lanarkshire Local Plan.

8.5 Consultations: Protective Services have no objection and accept the findings of the submitted noise impact assessment and recommended mitigation measures, while the comments relating to best practice relating to noise from construction, construction hours, dust control and construction waste, will be added as informatives on any planning permission. Notwithstanding the response from Traffic & Transportation this scheme allows for the reuse of a vacant and derelict building which previously contained shops on the ground floor and commercial property on the upper floors (before that residential). The site adjoins the rear car parking courtyard shared with 1 Bank Street, 2 Ross Street and a new build residential block beyond. It is not anticipated that many residents will have a car so any parking demands arising from the development will be related to staff. Given this and the town centre location a refusal on parking would not be justified in this instance. With regards to Network Rail's response conditions have been included and an informative will be added to the permission.

8.6 Representations: In terms of the objections raised, I would offer the following comments:

Point of Objection: This area is badly in need of regeneration and affordable housing, however, a hostel is not a solution that the area of Coatbridge needs as this completely goes against local plan for regeneration in Coatbridge. Clyde Valley Housing Association would be better converting the premises into affordable social housing. This would make the town more attractive and perhaps bring new people and business to the area.

Comment: The proposed redevelopment of the existing listed building and the proposed hostel use are inkeeping with the North Lanarkshire Local Plan.

Point of Objection: This hostel shouldn't be built in a residential area as there is a sheltered housing complex nearby which houses one of the most vulnerable groups in society and this hostel could negatively impact on them when the hostel occupants are out without appropriate supervision. This needs to be relocated out of public view somewhere out the way. You are tearing down buildings like the Gartloch old hospital which would have been ideal but instead sold it off to buyers who let it fall into ruin so they have to pull it down. No other town in North Lanarkshire has homeless unit situated in their town centre

Comment: The application site is located within Coatbridge town centre and the proposed hostel use is identified as an acceptable use within the town centre. Pointex−offenders,of Objection: Which category of homeless would be temporary located, it could be drug users, sex offenders, etc housed there? Consideration should be given to location of James Dempsey Gardens, Summerlee House which houses vulnerable elderly people, St Augustine's Primary with young children, Time Capsule again which young children frequent and also Summerlee Heritage Museum and The Basin. The entrance to Coatbridge should be a welcoming safe route for all. These amenities are very valuable to our community and promote community spirit as they're used by cyclists, dog walkers and families. Children walk their dogs independently around The Basin and walkways of this area, where this proposal would impinge on their social outings and children's independence as they would not be permitted to walk alone in that area if a homeless unit was erected. It is not appropriate to locate such a facility here.

Comment: The background of the potential occupants of the proposed hostel is not a material planning consideration. In any event, the potential occupants of the hostel will be supervised and have the necessary support to address any potential issues that they may be suffering from.

Point of Objection: It is probable that the users of this type of accommodation are vulnerable in that they may be suffering from addictions. The fact that the proposal is immediately next door to a public house and its proximity to the Main Street where the issue of drug use and dealing is widely known, is of great concern.

Comment: As indicated above, the potential occupants of the hostel will be supervised and have the necessary support to address any potential issues that they may be suffering from.

Point of Objection: It is understood that Scottish Government awarded a grant of £1 50k to Clyde Valley Housing for much needed social housing at this address with the purpose of regeneration of Coatbridge town centre, however this proposal as for a temporary homeless unit does not constitute social housing.

Comment: Matters of funding are not a material planning consideration and in this case is a matter for the applicant and the Scottish Government.

Point of Objection: This should not be allowed as this will be detrimental to Coatbridge town centre. The council should be investing more in retail shops to encourage people in Coatbridge to shop in the town centre. The plans for this hostel will turn people away.

Comment: The proposed regeneration of this listed building which is in a very poor condition will result in a benefit to the visual appearance of Coatbridge town centre.

Point of Objection: There is no doubt that the building that this proposal relates to is in dire need of refurbishment. It is a grade C listed building that could be put to more appropriate and better use for the benefit of the town of Coatbridge. This application goes against the local plan given it states that NLC will encourage pedestrian movement within the Town Centre area.

Comment: The proposal brings back into a use a listed building which is currently in a poor condition and the hostel use is an appropriate town centre use as outlined in the North Lanarkshire Local Plan.

Point of Objection: Should this application be approved it will do the opposite of attracting foot pedestrians. The Main Street area is hardly attractive as it stands and for many elderly people an area they are very uncomfortable in. This will increase their nervousness in that area. This is hardly a proposal that enhances the image of Coatbridge town centre and there is very little possibility of any other council considering such a proposal on the main arterial route into their town centres. One of the main challenges of the Coatbridge town centre is to change its negative image and this proposal for a hostel at the entrance of the town centre will do nothing to enhance that image, in fact, it is more likely to reinforce current negative perceptions. Comment: The proposal will refurbish the frontage of the building resulting in an attractive building on the main pedestrian route into Coatbridge town centre.

Point of Objection: The buildings facade is currently protected as a listed building boasting a unique heritage, and to offer planning permission to Clyde Valley Housing Association smarts of corruption given the reputation the council has for granting planning permission in the past despite innumerable objections placed to several projects.

Comment: The proposal seeks to refurbish the building's facade and bring the building back into use which is a positive endeavour. The planning application has been subject to proper consideration and objections taken into account.

Point of Objection: The demands made on our local police force are already staggering where antisocial behaviour is already identified as a threat to the town centre: one patrol car for a huge area which has seen community services impacted by budget cuts− street sweeping, maintenance of pavements, litter collection are in need of attention as is a plan to encourage redevelopment of the Main Street which is a poor reflection of those voted in to tackle such issues.

Comment: Potential incidents of anti−social behaviour are not material planning considerations but would be a matter for the Police.

Point of Objection: Further to having a Homeless unit installed in Kirkwood, one individual from the unit murdered a neighbouring elderly female and a separate individual from the unit abducted a child from its home and attempted to rape. Both of these incidents were perpetrated by persons from within the Homeless unit. Without prejudice, such individuals have their own serious underlying issues that will endanger the neighbouring community. Build it somewhere else, away from vulnerable people who become prey.

Comment: Each application must be considered on its merits and this accommodation will be staffed on a 24 hour 7 day a week basis by trained staff.

Point of Objection: Local residents who live nearby whose house values may depreciate should this proposal go ahead.

Comment: Perceived impact on house prices is not a material planning consideration.

Point of Objection: The Coatbridge Town Centre Action Plan (9 December 2015) under 'Town Centre Living' section has the target 'Work with Clyde Valley Housing Association to deliver the conversion of vacant/derelict 'C' listed property at 7−13 Bank Street for mixed commercial/residential properties to affordable housing'. This implies that the residential element was to be owner occupied. This is stated as a short to medium term action (1−4 years) and represents a more appropriate and forward thinking proposal in line with the Town Centre Plan, than the current proposal, there has been no consultation on this change to the Plan.

Comment: This did form part of the proposed use of the building in the past, however, this current planning application seeks to use the building for an alternative use.

Point of Objection: Properties within the 20m buffer for neighbour notification has not received any formal neighbour notification and there is a concern that many are not aware of the planning application to offer comments.

Comment: The appropriate level of neighbour notification has been undertaken as well as notice being place in the local paper.

Neutral Point: Assurances must be given to the local community that the accommodation will not be used to house sex offenders. Neighbours need to be assured that any sex offender will be subject to MAPPA protocols and not live in accommodation near children. In addition neighbours need to feel safe and be assured that any incidents of antisocial behaviour will be dealt with promptly and perpetrators receive suitable punishment for such behaviour. Homeless can affect anyone so it needs to be outlined to the local community who may then feel safer and more comfortable about a hostel being placed in their locale.

Comment: As indicated above this accommodation will be staffed on a 24 hour 7 day a week basis by trained staff and the focus of social care is to ensure integration within the community.

9. Conclusions

9.1 The proposed hostel use and facade retention works are considered to comply with the town centre, listed building and conservation area polices within the Adopted North Lanarkshire Local Plan. Overall, it is considered that the works will result in a significant improvement to the buildings appearance and character, improving the setting of the immediate locale and wider Conservation Area. It is also considered that the works and part change of use will significantly improve the buildings viability and vitality. Taking account of these matters and the objections received, it is recommended that planning permission be granted subject to conditions. Application No Proposed Development:

17/0031 2/AMD Part Change of Use for Siting of Hot Food Takeaway Unit Only

Site Address:

Site At Heritage Way, Summerlee, Coatbridge

Date Registered:

24th February 2017

Applicant: Agent: Mr Joe Zenezki Richard Moss Architectural Consultant Ltd C/o 6 Doune Park Way 6 Doune Park Way Coatbridge Coatbridge ML5 4EQ ML5 4EQ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 006 Coatbridge North And Glenboig 1 letter of representation received from Julie McAnulty, Michael McPake, William Shields, Councillor McVey. Alex McVey,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed temporary snack van is considered to be acceptable and the proposal will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. The temporary proposal complies with policies of the North Lanarkshire Local Plan.

ProposedConditions:−The

temporary snack van hereby permitted shall remain on site for a period not exceeding five years from the date of this permission, upon which the site must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

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 0213, 03 and 04.

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

3. That the applicant shall provide litter disposal facilities on the site, whilst the snack bar is in operation, to the satisfaction of the Planning Authority.

Reason: To ensure the provision of litter disposal facilities.

Background Papers:

Consultation Responses: Memo from Traffic & Transportation received 24k" March 2017. Memo from Protective Services received on 28th February 2017.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500

Report Date: 6th April 2017 APPLICATION NO. 17/00312/AMD

REPORT

Site Description

1.1 The application site measures 330 square metres which currently consists of an area of hardstanding and is located at the southern end of Heritage Way, Summerlee, Coatbridge. The site is fairly level with an embankment at the rear to the railway. The site is bound by the railway to the west, the Former Heritage Car Sales to the north, an office development to the south and Heritage Way to the east.

2. Proposed Development

2.1 Planning permission is being sought for temporary siting of a snack van. The physical alterations to the site include the siting of a temporary building to be used as a snack van that measures 12 metres long, 3.6 metres wide and have a maximum height of 3.3 metres with a decked area to the front measuring 3.1 metres wide, 12 metres long and 0.9 metres high. The snack van is already in place and consists of a food preparation area with small seating area of 4 tables. The proposal seeks to use the existing access points onto Heritage Way, includes 9 off street car parking within the application site and seeks temporary consent for a period of 5 years.

2.1 This application for planning permission is the renewal of temporary planning permission 14/00452/FUL for the snack van which has expired and is the reason the snack van is currently in place.

3. Site History

3.1 The following previous applications are relevant to the current proposal:

• 06/01907/FUL Installation of 14.7m Telecommunications Mast With Three Antennas and 19th Ancillary Equipment Cabinets − Approved January 2007 22' • 08/00184/FUL Flatted Development 24 Units − Approved January 2009 • 10/00078/FUL Change of Use of Former Industrial Unit to Retail Car Sales with Ancillary Servicing and MOT Bays − Approved 8 April 2010 thFebruary • 1 1/01222/FUL Change of Use of Vacant Site to Car Sales − Approved 13 2011 • 14/00452/FUL Temporary Change of Use of Existing Car Sales to Form Hand Car Wash 17th & Hot Food Takeaway − Approved July 2014 4. Development Plan

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

4.2 The application site is zoned as HCF 2 Al (Sites for (Short−term) Housing Development) within the adopted North Lanarkshire Local Plan.

5. Consultations

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

Protective Services have no comments to make. Traffic & Transportation have recommended that the planning application be refused due to lack of parking provision within the site boundary and substandard access to the site. Parking provision for a hot food takeaway is 5 in−curtilage spaces. The previous approved temporary change of use was partly for a hot food takeaway however the business use was for sit in also. In this case, if the same business use is intended the parking requirement for a cafe is 20 spaces per lOOsq.m of gross floor area therefore based on 80sq.m GFA a minimum of 16 spaces are required. The proposals provide 9 spaces therefore there is a shortage of 7. The proposed gated access to the site is positioned on the radius of the adjacent access which is in too close proximity. The only appropriate access to the site is from the current access point, which appears to be outwith the site boundary. The existing pedestrian gated access will encourage on street parking on Heritage Way therefore should be removed and alternative arrangements made for pedestrian provision to the site, utilising the public footway to the vehicular access.

6. Representations

6.1 Following the standard neighbour notification process and newspaper advertisement, one letter of representation has been received from Councillor McVey who objects on the grounds of over development, car parking and road safety.

7. Planning Assessment

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

7.2 Development Plan − North Lanarkshire Local Plan: The application site is covered by policy HCF 2 Al (Sites for (Short−term) Housing Development). The site previously received full planning permission for residential development of 24 Flats (Ref: 08/00184/FUL) which expired on 1st January 2014. This current proposal seeks temporary consent to renew planning permission for a snack van. It is considered that, due to the temporary nature of the proposed snack van, this would not prevent reapplying for planning permission for residential development and does not detrimentally affect the motives of policy HCF 2 Al.

7.3 Given the nature of the proposed development, it is considered that Policy RTC 3B (Bad Neighbour Development) states that the Council will accept the development of snack vans where there is no anticipated adverse impact on the amenity levels currently enjoyed by local residents. Given the temporary nature of the proposal and the distance from the nearest residential property being approximately 75 metres on the opposite side of the railway line, as such, the introduction of the snack van is considered acceptable at this location in that it would not give rise to an unacceptable loss of amenity according with Policy RTC 3B (Bad Neighbour Development).

7.4 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the scale and nature of the development, DSP 1, DSP 2 and DSP 3 are not relevant in this instance. Policy DSP 4 states that development will only be permitted where high standards of site planning sustainable design are achieved, the proposal seeks into introduce a small scale temporary commercial operation on an existing commercial site which is considered to be acceptable in planning terms. It is considered, therefore, that the proposal is in accordance with policies of the North Lanarkshire Local Plan.

7.5 Consultations: Concerning the comments made by Protective Services, there no comments to make response is noted. With reference to the comments made by Traffic & Transportation who recommended that the application is refused lack of parking provision within the site boundary and substandard access to the site. Due to the size and location of the building, it is anticipated that the snack van is likely to attract the majority of the custom from the local area, and the anticipated traffic to such a small business is not likely to cause significant impact on local traffic circulation.

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

Point of Objection: This site previously had one business operating and more recently there were five different businesses on Heritage Way resulting in over development of the site. Comment: The proposed temporary siting of a snack van is small in scale and is not considered to result in an over development of the site.

Point of Objection: These businesses require customers to visit them by car and the lack of parking is causing many of the customers to park on Heritage Way and Heritage view, this effectively turns the road into a single lane which in turn creates severe parking, access and safety issues for the residents of the Heritage Estate.

Comment: The proposed snack van is small in scale with 9 off street car parking spaces where it is considered that the levels of traffic associated with the proposed use are not likely to be as significant as to justify refusing planning permission.

8. Conclusions

8.1 The use of the site as a temporary siting of a snack van does not result in an unacceptable detrimental impact on residential amenity or on the amenity of this location. It is considered that the temporary proposal is in accordance with the terms of the adopted North Lanarkshire Local Plan. Taking account of these matters and notwithstanding the objection received, it is recommended that temporary planning permission be granted subject to conditions. Application No: Proposed Development:

1 7/00446/FUL Change of Use from Office (Class 4) to Shop (Class 1)

Site Address:

Former Community Room 119 Birch Road Abronhill Cu m be rn au Id G67 3PE

Date Registered:

20th March 2017

Applicant: Agent: Mr Zulfiqar Au Sam Thomas 20 01 Preston Street 30 Henderson Avenue Govanhill Cambuslang Glasgow Glasgow G42 7PS G72 7SA

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 004 Abronhill, Kildrum And The Village 12 letters of representation received Stephen Grant, Elizabeth Irvine, Tom Johnston, (including an email from Mr McDonald MP & Mr Hepburn MSP on behalf of a constituent).

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed shop use is considered to be acceptable and the proposal will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. The proposal complies with policies of the North Lanarkshire Local Plan.

ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall673−119be−03−implemented17−101 in accordance with drawing numbers 673−119−03−17−102, P2 and 673−119−03−17−105 Rev 1.

For the avoidance of doubt, this development hereby permitted is for the change of use only and no physical alterations form part of the approval.

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

2. That BEFORE the development herby permitted starts, a detailed drawing showing the location of all bin stores and bin provision shall be submitted to and approved in writing by the Planning Authority. This shall include provision of a litter bin for customers. That the applicant shall provide litter/refused disposal facilities on the site, whilst the retail is in operation, to the satisfaction of the Planning Authority.

Reason: To ensure that adequate bin provision is provided.

3. The design, installation and operation of any air conditioning/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 buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 20.00 hours and N.R.C. 25 at all other times.

Reason: To ensure that the noise associated with the ventilation system will be within acceptable limits in the interests of residential amenity.

4. The retail business hereby permitted shall not operate other than during the hours from 07.00 hours to 23.00 hours and that deliveries are restricted to between 07:00 hrs and 22:00 hrs, unless the planning authority has given prior written approval for a variation.

Reason: To protect neighbouring residents from noise and disturbance, particularly in the late evening.

Background Papers:

Consultation Responses: Memo from Protective Services received on 6th April 2017 Memo from Traffic & Transportation received on 24th March 2017

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500

Report Date: 6th April 2017 APPLICATION NO. 17/00446!FUL

REPORT

1. Site Description

1.1 The application site is an existing vacant former Abronhill Housing Office (previously a community building) with a floor area of approximately 336 square metres at 119 Birch Road, Abronhill, Cumbernauld. The property is a detached single storey building with rendered elevations with part flat and pitched roof. The applicant site is immediately bounded by public open space and car parking beyond which are residential properties. Vehicular access to the site is via Birch Road.

2. Proposed Development

2.1 This application seeks full planning permission for the change of use from Office (Class 4) to Shop (Class 1). No physical alterations are proposed.

3. Site History

3.1 The following previous applications are relevant to the current proposal: rd 96/04097/PL Change of use from Community Room to Local Housing Office − Approved 23 October 1996

3.2 It is noted the building was declared surplus to requirements at the Housing and Social Work Committee on 29th October 2015

4. Development Plan

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

4.2 The application site is zoned as HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) within the adopted North Lanarkshire Local Plan. 5. Consultations

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

i. Traffic & Transportation have no objection subject to the following: • For Class 1 development parking provision should be 6 spaces per 100m2 GFA − there is no parking shown on the drawings. The existing parking is fully utilised by the local residents. • There is no indication of the servicing arrangements for the shop. The applicant should demonstrate how servicing will take place without impacting on other car park users. Internal turning facilities should be provided to ensure that servicing vehicles can enter and exit the site in forward gear minimising the need for reversing manoeuvres. ii. Protective Services have no objection subject to planning conditions relating to ventilation and/or air conditioning plant specifications, restricting delivery times to between 07:00 and 22:00 and refer is made to best practice concerning light pollution.

6. Representations

6.1 Following the standard neighbour notification process and newspaper advertisement, 12 letters of representation has been received (including an email from Mr McDonald MP & Mr Hepburn MSP who wrote on behalf of a constituent) which object on the grounds that lack of neighbour notification, previous use, parking issues, trees, detrimental impact, property values, noise/disruption, litter, open space, commercial waste, impact on existing local shops and increased traffic.

7. Planning Assessment

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

7.2 Development Plan: North Lanarkshire Local Plan: The site is located within an established residential area which is covered by Policy HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) where there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable (e.g. guest houses, children's nurseries, medical surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking. It is clear that the policy identifies that in principle the current proposal for a local convenience shop as acceptable subject to the impact on residential amenity. The proposed local convenience shop is considered to be of a small scale and likely to generate the majority of its potential custom from this area of Abronhill. It is, therefore, considered that the proposed shop use is in keeping with the immediate residential area, there will not be any unacceptable loss of residential amenity and to control the potential impact, planning conditions are recommended to restrict business hours, noise from associated plant installation and bin provision to ensure that the development does not become a nuisance.

7.3 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the scale of the proposal, only DSP 4 is of relevant in this case. The proposal will bring a vacant unit back into use and DSP 4 states that development will only be permitted where high standards of site planning sustainable design is achieved, no physical alterations are proposed, therefore no significant visual impact of the proposed development. It is considered, therefore, that the proposal is in accordance with policies HCF 1 A, DSP 2, DSP 3 and DSP4 of the North Lanarkshire Local Plan.

7.4 Consultations: With regard to the comments made by Traffic & Transportation regarding lack of parking and servicing details, the previous uses of the building includes a community centre and most recently a local housing office both of which would have staff and visitors using the existing communal parking area. Due to the size and location of the building, it is anticipated that the proposed shop is likely to attract the majority of the custom from the local area, therefore, the existing parking provision is considered acceptable. With reference to servicing, there is existing access and turning areas currently in place that will allow the proposed small local shop to be serviced. With reference to the comments made by Protective Services, suitable planning conditions are recommended regarding the installation of associated plant and delivery times. An advisory note is recommended with reference to the identified best practice for external lighting.

7.5 Representations: In response to the concerns raised, the following comments are offered:

Point of Objection: None of the properties listed in the neighbour notification list published with the application have been neighbour notified and have been made aware of the application via social media. In addition, those outwith the 20 metre neighbour notification area should also be notified as they will be affected.

Comment: Unfortunately, the application became a feature on social media before the properties listed on the neighbour notification list received their neighbour notification letter from the Council. The appropriate level of neighbour notification has been undertaken as all properties within 20 metres of the application site have been neighbour notified and a notice was placed in the local paper.

Point of Objection: The application states the building, 119 Birch Road, has most recently been used as a Community Hall (Class 10). This is not accurate. The building's use was converted to a local housing office in 1996, Ref no 96/04097/PL, with associated building standards warrants granted, Ref No 96/00398INALC. It was used as an office on and off since then until circa 4 years ago since when it has lain empty.

Comment: This is noted and the planning application description has been updated.

Point of Objection: The application states there are 10 parking spaces associated with the building. This is not accurate. There is residential parking on the road adjacent to the building. A number of these spaces have been designated as disabled parking bays dedicated for elderly residents. There is insufficient parking in the street for the demand now. This is a hazard and will be exacerbated by a commercial shop adding to the demand for parking.

Comment: Due to the size and scale of the proposed shop, it is not expected that the ship will generate significant traffic/parking demands.

Point of Objection: The application states there are no trees adjacent to the property. This is not accurate. There are two trees immediately in front of the building with established rhododendron bushes banking the property.

Comment: It is noted that there is existing trees and bushes within the vicinity of the planning application site, however, the proposal has no impact on this vegetation.

Point of Objection: This application will have an adverse impact on residents. Birch Road is a residential street with a mix of occupier owned and social housing. A significant number of elderly residents in the street require social care assistance.

Comment: A local shop in a residential area is considered to be an acceptable use.

Point of Objection: The development will negatively affect property values and ability to sell homes in the area.

Comment: Impact on property values is not a material planning consideration.

Point of Objection: Increased visitors to the area will cause distress to the elderly and vulnerable residents of the street particularly if the premises are licensed for alcohol as well as youths hanging around the proposed shop.

Comment: Due to the size and location of the property, it is anticipated that the proposed shop is likely to attract the majority of the custom from the local area.

Point of Objection: A mini−supermarket will lead to increased noise and disruption for existing residents as well as resulting in an increased of litter in the area.

Comment: A local shop in a residential area is considered to be an acceptable use where any noise/disruption will not result in a significant impact on residential amenity. A planning condition is recommended to ensure that litter bins are in place before the proposed shop is in operation.

Point of Objection: The street is home to many young families with lots of young children playing on and around the grass areas around the building and the adjacent paths. An increase in strangers attracted to the area will cause distress for parents and discourage them from allowing young children out to play particularly if licensed for alcohol.

Comment: The proposed shop use does not encroach onto the existing areas of open space and therefore, these will still be useable. As indicated above, it is considered that most customers will be from this local area.

Point of Objection: The application states the shop will increase waste and utilise waste bins. There is insufficient space for the storage of waste bins and these will inevitably end up outside the property causing an eyesore and attract pests. As mentioned the street is busy with cars and there is limited access for large waste disposal vehicles.

Comment: A planning condition is recommended to ensure that waste bins are in place before the proposed shop is in operation.

Point of Objection: There is adequate existing shopping within easy walking distance of Birch miniRoad−supermarketsalready, the Abronhill Shopping centre with empty units and there are existing at Hornbeam Road, Cedar Road, all within walking distance and these are established commercial shops designed and purpose built for Abronhill.

Comment: The existing retail provision within the area is noted, however, the small scale of the current proposal is unlikely to impact the existing local shopping centre.

Point of Objection: The pressing need for residents in Birch Road is to address the existing lack of parking before there is a serious accident due to cars they are being parked on grass verges and paved public walkways. Current parking problems will be exacerbated by the introduction of a shop and associated business vehicles, deliveries, waste removal vehicles and shoppers.

Comment: Due to the small scale nature of the proposal, any disruption with the associated deliveries, waste removal vehicles and shoppers is unlikely to result in a significant impact on the residential amenity of the area.

Point of Objection: Surely a resource to support elderly or disabled residents would be more beneficial to the community.

Comment: The existing building was previously used a community facility but has been vacant for some time that has since been declared surplus to requirements and this current proposal is for a local shop which is considered to be acceptable use within a residential area.

8. Conclusions

8.1 The use of the premises as a local convenience shop does not result in a detrimental impact on residential amenity or on the amenity of this location. It is considered that the proposal is in compliance with the terms of the adopted North Lanarkshire Local Plan. Taking account of these matters and also the representation received, it is recommended that planning permission be granted subject to conditions.