Application No: Proposed Development:

N/09/00851/PPP Residential Development (Potential Formation of 19 Residential Plots) (Outline) Site Address:

Site At North Muirhead Farm Road Westerwood G68 OAS

Date Registered:

29th July 2009 Appllcant: Agent: Walker Group (Scotland) Ltd N/A Deans Industrial Estate Royston Road Livingston EH54 8AH Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 002 Curnbernauld North 9 letters of representation received. Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan OBrien,

Recommendation: Refuse Reasoned Justification: Residential development on the application site is considered to be unacceptable as it is contrary to the Development Plan, will adversely affect an attractive open area and will remove part of the limited gap between Cumbernauld and Dullatur to the detriment of their individual identities. r Group (Scotland) ud t North Mukhead Farm Dullatur Rod westernod Cumbernauld Re&jentlal Development (PotenW Formation d 19 Kesidentld Plots) (OUline) It Repreoentations Recornmendation: Refuse for the Following Reasons:-

1. The proposed residential development is contrary to Development Plan policies in that a) it is not within a Cumbernauld Local Pian 1993 new housing development allocated site (Cumbernauld Local Plan policy HG I), b) it is within an area identified as Open Space with a presumption against development not related to outdoor recreation, nature conservation or landscape protection (Cumbernauld Local Plan policy EN 26) c) there is no identified residential land supply requirement for development on this unallocated (for residential purposes) site (Glasgow and the Clyde Valley Structure Plan 2000 (Strategic Policy 9), d) it is not an Acceptable Departure from the Structure Plan in that it does not meet the Justification, Economic, Social and Environmental Benefit criteria specified in Structure Plan policy 10 (Departures from the Structure Plan).

2 The proposed residential development is contrary to the Finalised Draft Local Plan in that it is within an area identified for the Protection Of Community Resources ((Open Space)) (policy HCF le).

3. The proposed residential development a) will adversely affect an attractive open area, and b) will be located within the gap between Cumbernauld and Dullatur thus bringing the settlements closer together to the detriment of their separate identities. 4. That should planning permission be granted a precedent will be set for inappropriate development on protected open space. Backaround Papers:

Reprerentatlon Letters

Letter from Mr Peter Boulton, 9 Kings Drive, Westerwood Green, Cumbernauld, G68 OHS received 10th August 2009. Letter from Mr Charles Watters, 3 Kings Drive, Westerwood Green, Cumbernauld, G68 OHS received 10th August 2009. Letter from Ogilvie Homes c/o Jones Lang Lasalle, 150 St Vincent Street, Glasgow, G2 5ND received 12th August 2009. Letter from Westerwood Community Council c/o Mr Gordon Wright, 2 Muitfield Road, Westerwood, Cumbernauld, G68 OEX received 6th August 2009. Letter from Councillor Bob Chadha, Member Services, Civic Centre, Windmillhill Street, Motherwell, MLI IAB received 10th August 2009. Letter from Mr Andrew Bennie, 3 Abbotts Court, Dullatur , G68 OAP received 7th August 2009. Letter from Mrs Siobhan Alston, 19 Kings Drive, Westerwood Green, Cumbernauld G68 OHS received 30th August 2009. Letter from Lorraine Marsh, 11 Kings Drive, Westerwood, Cumbernauld, Glasgow, G68 OHS received 18th August 2009. Letter from Mr Kenneth Dalling, 23 Kings Drive, Cumbernauld, GLASGOW G68 OHS received 26th August 2009. Letter from Mrs Siobhan Alston, 19 Kings Drive, Westerwood, Cumbernauld, G68 OHS received 2nd September 2009. Consultation Responses: Letter from Scottish Water received 17M August 2009 Letter from Scottish Environment Protection Agency received 12'h August 2009 Memo from Environmental Health (including Pollution Control) received 28Ih August 2009 Contact Information:

Any person wishing to inspect these documents should contact Martin Dean at 01236 616466

Report Date: 28th October 2009 APPLICATION NO. N/09/00851/0UT

REPORT

1. Site D~SCriDtiOn

I.I The application is in principle for residential development at North Muirhead Farm off Dullatur Road, Westerwood, Cumbernauld. The 2.5ha site is open farmland in front of the North Muirhead farmsteading.

2. ProDosed Develooment

2.1 The in-principle application is for residential development, with a sketch layout showing 19 residential plots with boundary landscaping and a SUDS drainage pond area. There could, however, be other potential layouts, with an average density (25 dwellinghouses per hectare) giving a possible 60 dwellinghouses on this 2.5ha site. Local low residential densities and the need for structural landscaping means, however, that the site is only capable of accommodating a much lower number of dwelling houses. 2.2 Vehicular and pedestrian access is from Dullatur Road.

3. ~ flcan t's 3.1 The applicant has put forward a number of arguments on behalf of the proposal. These arguments relate to the site being required to meet a housing land supply shortfall, a claimed erroneous failure by the Council to identify the site for housing in the emerging local plan, previous support by the Planning Service for housing on the site, the claimed unexceptional character of the site and the retention of separation from Dullatur through a careful layout. These matters are expanded in paragraph 8.9 below.

3.2 A submitted Protected Species Survey has indicated that there are no protected species on the site and a Drainage Strategy which promotes the use of sustainable urban drainage systems.

4. Site Hiatoy

4.1 The following previous application is relevant to the current proposal. 0 N10110050210UT Outline Planning Application for Rationalisation and Reconfiguration of Existing Golf Course, Formation of Driving Range, Golf Academy, 6 Hole Practice Course, Public Open Space and Footpaths, Residential Development, Associated Vehicular Access and Strategic Landscaping at Westemood Hotel and surrounding land (includes the current application site): Refused in September 2002 and appeal dismissed. 5. PeveloDment Plan

5.1 The development requires to be assessed against the Structure Plan (Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008)) as well as the Local Plan. Structure Plan Strategic Policy 9 covers the Assessment of Development Proposals. 5.2 The site is identified as a Significant Area of Open Spacg (EN 26) in the Cumbernauld Local Plan 1993. 6. Consultations

6.1 A summary of comments from consultees is as follows: Scottish Environmental Protection Agency: Standard standing advice for small scale development is provided. Scottish Water: There may be a requirement for the developer to carry out works on the local drainage network. There may be contaminated land issues concerning the site. Protective Services: A comprehensive site investigation should be carried out to ensure that any risks associated with surrounding land uses are taken into account.

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement nine objections have been received, including objections from Councillor Chadha and Westerwood Community Council. Points of objection relate to the proposal being contrary to the Development Plan, adversely affecting the local amenity, Creating a coalescence of Westerwood and Dullatur, and worsening already overstretched facilities and infrastructure. Representations are expanded in paragraphs 8.9 and 8.10 below.

8. Plannina Assessment

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

8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008) and the Cumbernauld Local Plan 1993. Relevant policies are as follows.

8.3 Structure Plan Strategic Policy 9 (Assessment of Development Proposals) covers the general evaluation of applications. The proposed residential development is considered to be contrary to this policy as there is no identified residential land supply requirement for development on this unallocated (for residential purposes) site as is required by Section A (Case for Development) of policy SP 9. The proposal is therefore deemed to be a departure from the Structure Plan.

8.4 Structure Plan Strategic Policy 10 (Departures from the Structure Plan) covers Acceptable Departures from the Structure Plan. It is not considered that the proposal falls into this category as it does not meet the specified Justification plus Economic, Social and Environmental Benefit criteria, The claimed "Justification" by the applicant is covered in 8.9 below. 8.5 The Cumbernauld Local Plan 1993 identifies the site as Open Space (EN 26). This policy presumes against development except where required for outdoor recreation, nature conservation or landscape protection. The proposal is contrary to this policy as the residential development does not relate to any of the above matters and will adversely affect the protected open setting. 8.6 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The site is covered by emerging local plan policy HCFl B Protecting Community Facilities. The existing farmland is seen as a valued community facility in view of its attractive open nature which provides an open and pleasant setting to the built up area. It is considered, therefore, that the proposal is contrary to the emerging local plan.

8.7 Amenity and Spatial Value of Site: The site is in productive use being used for grazing and has well maintained stock proof fencing. It is a valuable open area with the openness being enjoyed by local residents. The site also provides an attractive setting for Westerwood and contributes to the physical separation between Cumbernauld and Dullatur. Such separation between communities is a Well established planning principle and is advantageous in allowing the communities to retain their separate identities. The applicants have indicated through the submitted Landscape Appraisal that the indicative strategic landscaping and open space shown on the submitted plan will retain a pleasant urban edge setting, will retain key views onto the Kilsyth Hills and will stop coalescence of the communities. It is considered, however, that the reduced amount of open space, a lessening of the current panoramic view of the Kilsyth Hills will be obvious and the lesser distance between the communities will be obvious and will adversely affect the local amenity. At present there is a minimum distance of 450m between Westerwood and Dullatur. This will be reduced to a distance of 140m between the nearest dwellinghouse in Dullatur and the edge of the application site and 225m to the nearest indicative house plot on the submitted layout. As such there will be a considerable reduction in distance between the settlements with, under the proposal, there being clear intervisibility between them. Even with the retention of some open space plus strategic landscape buffers there will still be the loss of approximately 1.5ha of open area. It should be noted that the indicative Dullatur Road landscape buffer is less than half the width of the existing grassed and landscaped buffer between Westerwood and Dullatur Road. 8.8 Consultations: There are no issues relating to consultation comments.

8.9 Representations: The applicant has made the following points in support Of the application. Point of Support: The site is needed to contribute to a housing land shortfall, with the Interim Housing Land Statement (IHLS) sites having not delivered housing as forecast. This shortfall was referred to in a recent appeal decision. The application site performed well in the IHLS process and should be regarded as a substitute site for those that are not delivering housing. The Council’s Housing Background Report issued in October 2008 has erroneous calculations and, as such, its conclusion that there is a no requirement for any additional housing sites is wrong. Housing sites identified in the Finalised Draft North Lanarkshire Local Plan (FDNLLP) can not legitimately make up this shortfall as they are not part of an adopted local plan. Due to the housing land supply shortfall the proposal is an acceptable departure from the Structure Plan. Comment: The housing land supply shortfall identified in the Structure Plan has been fully addressed through the sites that are zoned for housing in the emerging local plan (the application site is not one of the sites zoned for housing). This is a legitimate means of adding to the effective land supply such that the housing land shortfall is met. There is, therefore, no requirement to revisit the IHLS process. It should, however, be understood that the Westerwood Hotels site’s (which includes the application site) IHLS position in a published table just below the successful sites does not indicate that it is the next preferable site. It is simply grouped as one of the unsuccessful sites in the IHLS process. It is not accepted that there are any significant errors in the referred to Housing Background report and its conclusion that ”From the figures, it is clear that the Housing Land Supply for each of North Lanarkshire’s Housing Sub Market Areas is in a very healthy position indeed and that there is no numerical need to make any short-term additions at this time.” is still the Position. As such there is no housing land supply shortfall and the proposed development is contrary to the Development Plan. The referred to appeal decision related to a situation before the Finalised Draft North Lanarkshire Local Plan was issued with its proposed housing sites. As such it is not directly relevant to the current application.

Point of Support: The site should have been identified for housing in the FDNLLP. The scoring that led to the site not being identified as a housing site was erroneous as it underscored the site in relation to developments effect on Environmental Assets and Accessibility. Comment: The Site is not identified for residential development in the emerging local plan with the poor Environmental Assets and Accessibility scorings being justified. AS covered in paragraph 8.7 above the site has clear existing amenity and spatial value which would be undermined by development. The site is also over 550 m from the nearest bus stop and has poor connection with the adjacent residential area. There is, therefore, no case for reassessing the emerging local plan zoning.

Point of Support: There has been previous Planning Service support for housing on the site. Comment: Planning application N/01/00502/0UT was recommended for approval in August 2002 for improvements to the Westerwood Hotel golf course, improvements to related open space and residential development on a Wnber of sites including the current application site. Planning permission was, however, refused and a subsequent appeal was dismissed. Planning Service SUPPOrt for the application was based on a careful weighing up of all the benefits and disadvantages of the different elements of the proposal. The current appliCatiOn is, however, fundamentab' different in that it is solely for residential development on an open area of land that is covered by a policy protecting its openness, It is also noted that the recommendation for approval is over seven years old and pre-dates such important matters as the production of the emerging local plan. It is not considered, therefore, that the above application sets a precedent for the current application. Point of Support: This is an unexceptional site and which will be improved by proposed structural boundary landscaping. The submitted Landscape Appraisal indicates that proposed landscaping and open space will create usable open space, will maintain views onto the Kilsyth Hills and will maintain a separation between Cumbernauld and Dullatur. Comment: It is considered that this is an attractive area of open land which provides a panoramic view of the Kilsyth Hills and which has an important function in helping separate Cumbernauld and Dullatur. This is expanded in paragraph 8.7 above.

Point of Support This is not a legitimate area of open space as it does not fulfil the Local Plan description of open space. The Local Plan Open Space zoning does not take account of the Cumbernauld Development Corporation proposal for this area to have a commercial leisure function. The failure of the Council to carry out an open space audit means that there is no proof that the site is needed for open space purposes. Comment: The site is not only zoned as Open Space but it is considered to fulfil Local Plan Open Space objective of contributing to the visual amenity of the surroundings. It is not anticipated that any open space audit would deem this site to be surplus to requirements. In the absence of such an audit the existing open space status quo of the site must remain. The historical pre Cumbernauld Local Plan aspirations for the site have no bearing on the current application.

8.10 Nine objections have been received, including objections from Councillor Chadha and Westerwood Community Council.

Point of Objection: The proposal is contrary to the Development Plan and to the Finalised Draft North Lanarkshire Local Plan. There is no land supply requirement for residential development on the site. The proposal involves development on greenfield rather than brownfield land,

Comment: The proposal is contrary to the Structure Plan, the Local Plan and the emerging local plan. There is no residential need for development on the site with North Lanarkshire Council's housing land supply obligations being fulfilled through the Sites that are identified in the emerging local plan. These issues are covered in more detail in Paragraphs 8.2 - 8.6 and 8.9. Although the thrust of Development Plan and national Policies is to develop brownfield rather than greenfield land it is noted that there is a bw level of brownfield land available fur development in the Cumbernauld housing sub market area. As such it is not considered that the greenfield status Of the application site is an overriding issue. Point of Objection: The proposed development will adversely affect a site which currently contributes to the local amenity and environmental wellbeing of the area. The site is in agricultural use rather than being vacant land as described in the application form. There will be a coalescence of Dullatur and Westerwood and an adverse affect on the setting of Duliatur and the . Comment: It is considered that the proposed development will adversely affect an attractive area of functioning open land to the detriment of the site, the surrounding area and the need for acceptable physical separation of Cumbernauld and Dullatur. This is expanded in paragraph 8.7. It is noted that the application site bounds but does not encroach upon the designated Antonine Wall buffer zone and as such it is not considered that there will be any unacceptable adverse affect on the Antonine Wall.

Point of Objection: This is a poorly located and laid out residential development as it does not integrate with the existing settlement, is not self contained and is detached from existing urban facilities and services. Comment: Although the application site lies immediately to the west of Westerwood it is noted that in the indicative layout there is no integration with the existing settlement. It is recognised that the indicative layout is not a formal part of the in- principle application but it does indicate that there are possible land ownership issues (such as the actual farmsteading which is not part of the application site) which would mitigate against effective integration. It is also noted that the roadside structural planting shown on the indicative layout is significantly narrower than the local Dullatur Road standard, possibly due to potential development difficulties on the awkwardly shaped site. It is noted that the application site is on the edge of the existing settlement and is a considerable distance from bus stops, shops etc. Taking account of the foregoing it is considered that there are some potential development issues. It is also recognised, however, that some matters might be able to be resolved at a detailed planning application stage.

Point of Objection: The proposed development will place an increased burden on overstretched local facilities and services (such as the school, medical facilities and the Croy Station car park) and on already busy local roads. Comment: Although in theory the application site has the capacity to contain 50 or more dwellinghouses it is considered that realistically it can only accommodate the 19 dwellinghouses shown on the indicative plan or less. It is not considered that the relatively low numbers of potential dwellinghouses on the site will have a significant effect On local facilities and services. Point of Objection: There has been a previously dismissed appeal for residential development on the site. Comments; The above appeal decision is referred to in paragraph 4.1 above. While noting the decision it is not considered that a 2003 appeal decision for a different development proposal (although it included residential development on the current application site) is particularly relevant to consideration of the current application.

Point of Objection: There should be a site visit prior to a decision being reached (Councillor Chadha). Comment: This should be noted by the Planning and Transportation Committee.

9. Conclusions

9.1 Residential development on the application site is considered to be unacceptable as it is contrary to the Development Plan, will adversely affect an attractive open area and will remove part of the limited gap between Cumbernauld and Dullatur to the detriment of their individual identities. Taking account of the above it is recommended that planning permission be removed 9.2 It should be noted that the applicant has requested that a Site Visit and Hearing takes place and Councillor Chadha has requested a site visit. NORTH LANARKSHIRE COUNCIL

SUPPLEMENTARY REPORT

To: PLANNING & TRANSPORTATION COMMITTEE Subject : Residential Development (Potential Formation of 19 Residential Plots) (Outline) at North Muirhead Farm off Dullatur Road, Westerwood, Cumbernauld Legal Agreement - Developer Contributions I From: HEAD OF PLANNING & DEVELOPMENT I I Date: 17'h December 2009 I Ref: N/09/00851/PPP I

1. Purpose of Report

1.I The purpose of this report is to inform Committee that any approval of the above application should be subject to a legal Agreement covering developer contributions in lieu of affordable housing provision and to cover a required classroom extension at a local school.

2. Background

2.1 The application is in principle for residential development at North Muirhead Farm, Cumbernauld. It is being recommended that permission be refused as the proposed development is contrary to the Development Plan, will adversely affect an attractive open area and will remove part of the limited gap between Cumbernauld and Dullatur to the detriment of their individual identities.

2.2 As part of the continuing processing and consideration of the application it has been identified that there are issues relating to affordable housing and contribution towards education provision.

2.3 Affordable Housing: The Finalised Draft North Lanarkshire Local Plan has a policy requirement (HCF3) that new housing development in the Cumbernauld Sub Market Area either provide or financially contribute towards affordable housing. In this case as the proposal is for less than 20 dwellinghouses the policy requires that there be a financial contribution equating to a 25% provision. The applicants have agreed to such a provision.

2.4 Education: Learning and Leisure have pointed out in a consultation response that St Andrews Primary School requires an extension to house an extra classroom to accommodate extra pupils. They have requested that there be a financial contribution to the classroom extension from the developers based on a suggested contribution per dwellinghouse. The applicants have indicated that they are happy to consider a contribution to necessary infrastructure improvements but that discussion would be required on the merit and level of contribution to a classroom extension.

2.5 Any affordable housing and education contribution would require to be pursued through a legal Agreement. 3 Recommendation

3.1 That Committee notes that should they be minded to grant planning permission the decision should not be issued until legal Agreement is concluded with the applicant in respect of a financial contribution in lieu of the provision of affordable housing and a contribution towards a classroom extension at St Andrews Primary School.

Patrick Kelly HEAD OF PLANNING & DEVELOPMENT

Date: 17th December 2009 For further information about this report, please contact Martin Dean on 01236 616466 Background Papers: Consultation memo from Learning and Leisure received on 11th November 2009