AGENDA ITEM No. . North Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date: 20 APRIL 2016

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

APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

20th April 2016

Page Application No Applicant Development/Site Recommendation No

10 15/0181 2/PPP Glasshouse Residential Development Refuse Development with Associated Vehicular C/a Agent Access (Planning Permission in Principle) Garrion Farm Horsley Brae Overtown ML2 ORR

23 15/01 820/AMD Share Energy Alteration to Approved Grant Plans for Energy from Waste (EfW) Processing Building, incorporating Provision of External Turbine Chiller Unit, Repositioning of Flue Stack, Deletion of Front End Material Recovery Facility (MRF) and Repositioning of Internal Waste Reception Hall to South Elevation of EfW Building. (Section 42 Variation to Condition 2 of Planning Permission 09/00675/FUL). Land At Former Shanks & McEwan Site 251 And Road Coatbridge ML5 4UG

36 15/01 916/FUL Network Rail Full and Temporary Works Grant (P) to Stabilise Embankment and Tree Removal Works Garrion Gill Overtown Road Waterloo 43 15/01944/FUL Fine Energy Erection of Single Wind Grant Ltd Turbine (Maximum Height 78m to Blade Tip) − NS 665856 287767

56 15/02272/FUL Mr Mark Change of Use From Field Grant Townsley to Commercial Yard and Siting of Temporary Residential Accommodation (Part Retrospective) Site West Of Old Mill Road Allanton MI−7 5BX

63 1 5/02325/FUL Taylor Homes Erection of 4 Houses Grant () Site South Of Captains Limited Walk Cleland Motherwell

69 1 5/02499/MSC CALA Residential Development Grant Management! Comprising 220 Houses Bellway with Associated Works Homes Including Access Roads and a 'Neighbourhood Hub' Incorporating a Doctors' Surgery and Pharmacy Site North of Easifield Road

84 1 5/02644/FUL C M Builders Erection of 5 Houses Grant Croy Nursery School McSparran Road Croy G65 9HN

93 16/00120/FUL Mr Robert Change of use of Refuse Robertson Industrial Unit (Class 5) to Martial Arts Training Centre (Class 11) 47 Deerdykes View Westfield Cumbernauld G68 9HN 99 16/001 75/AMD Aggregate S42 Variation to Condition Grant Industries UK 1 of Extant Planning Ltd Permission N/02/01 449/MIN (Continuation of Mineral Extraction until 31st December 2017) Kings Quarry Constarry Road Croy Glasgow G65 9HY

119 1 6/00208/AMD Macrocom Time Extension of further Grant 3 years for commencement of Proposed Data Centre (Section 42 Variation to Conditions 2 and 3 of Planning Permission 12/01 341/AMD) Site At Opencast Works Ballochney Road Plains

128 1 6/00377/FUL Betel UK Change of Use From Hotel Grant (Class 7) to Residential Training Centre (Class 8) The Old Mill Hotel 42 Braidhurst Street Motherwell ML1 1HJ

(P)

15/01916/FUL − if minded to grant this planning application requires to be referred to Scottish Ministers as a result of an objection from Scottish Natural Heritage and planning permission should not be issued until a legal agreement has been concluded to secure habitat replacement Application No: Proposed Development:

15/01812/PPP Residential Development with Associated Vehicular Access (Planning Permission in Principle)

Site Address:

Carrion Farm Horsley Brae Overtown MI−2 ORR

Date Registered:

21st August 2015

Applicant: Agent: Glasshouse Development C/o Agent Andrew Bennie Planning Ltd 3 Abbotts Court Dullatur G68 OAP

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 020 Wishaw 8 letters of representation received. Rosa Zambonini, Jim Hume, Samuel Love, Frank McKay

Recommendation: Approve Refuse permission

Reasoned Justification:

Whilst considered acceptable in principle and to accord with different aspects of the relevant policies of the Local Plan, the proposed access to the site fails to achieve appropriate standards and as a result would cause unacceptable road safety risk on the existing public road network.

Recommendation:

Refuse, for the following reason that he proposed development is contrary to policy DSP4 of the North Lanarkshire Local Plan as it would result in unacceptable impacts on the capacity of the existing road network and incorporates an access that has substandard junction spacing that will contribute to congestion on the A71 and result in vehicle conflict in the vicinity of the junction.

Background Papers:

Consultation Responses:

NLC Learning and Leisure dated 17th December 2015 NLC Traffic and Transportation dated 1st October 2015, 16th December 2015, and 19th February 2016 NLC Pollution Control dated 12th October 2015. NLC Greenspace dated 1st April 2016

Historic Scotland dated 25th September 2015

Contact Information:

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

Report Date:

5th April 2016 APPLICATION NO. 151018121PPP

REPORT

1. Site Description

1.1 Planning permission in principle is sought for residential development on land off Horsley Brae (A71), Overtown.

1.2 The site lies to the south of Horsley Brae and is bounded to the north by an area of generally open land, which comprises the concrete bases of two former greenhouses and the standing remains of a third greenhouse. This area is separated from the site by a belt of mature trees. To the west are some further mature trees with land extending to the eastern bank of the . There are some existing residences at this location. To the south is open space and further trees also extending towards the River Clyde?

1.3 Further to the North West is the Carrion Bridge, while Carrion Bridges Garden Centre lies a short distance to the north. To the north east is the Garrion Tower, which is a listed building. This along with other estate buildings (some also listed) in the vicinity form established local residential units.

1.4 The application site itself comprises almost entirely the concrete base of a former greenhouse. Also included is an access route to the A71. The site slopes slightly downwards towards the south west, but is lower in level than the proposed access from Horsley Brae and higher than the River Clyde to the south.

2. Proposed Development

2.1 As noted above, planning permission in principle is being sought for a residential development.

2.2 The applicant has not indicated the numbers of units anticipated but the supporting Transportation Assessment was carried out on the basis of 100, while the Design and Access statement shows an indicative layout with 40 units.

2.3 Access would be provided by a new dedicated access (priority junction) off Horsley Brae. This would include the access itself, but also works on the existing road network in terms incorporating the access and providing right turn storage provision and footways.

2.4 While some design details have been provided in the supporting information, this has been to assist assessment of the principle of development. It is only the principle of development being considered here and matters of capacity, internal layout would still be subject to a further detailed planning application. Within this application, a detailed access proposal is however included and assessed in the foregoing report.

3. Applicant's Supporting Information

3.1 The applicant has submitted the following information (along with some resultant follow−up submissions) in support of their application: • Design & Access Statement • PAC Report (Pie−application community consultation) • Ecology Survey • Transport Assessment and Follow−Up • Planning Statement 4. Site History

4.1 00/00790/OUT: Tourist Initiative Incorporating − Tourist/Rambler Information Centre, Craft Workshops and Retail Outlets, Commercial/Business Units, Hotel with Reception and Banqueting Facilities, new and rehabilitated Housing Development Application − Refused July 2004.

4.2 The application site as defined in the North Lanarkshire Local Plan was subject to local plan representation which was considered through the examination process of the Local Plan. The representation sought to increase the site area, residential capacity and include additional tourist facilities. The proposed change to the allocation was not accepted by Reporters and the anticipated capacity set out in the Local Plan was maintained as 16 in the reporters' letter of January 2012.

Development Plan

5.1 The site is zoned as Policy HCF2 A2 (Sites for (Short−Term) Housing Development − Additions to Housing Land Supply) in the North Lanarkshire Local Plan for residential purposes. This has an identified capacity of 16 units. It is noted that the formally allocated site is detached in terms of zoning from the public road. As such, with a necessity to provide vehicular access, this crosses a section of ground zoned NBE3 (Green Belt).

Consultations

6.1 The following consultation responses have been received in respect of the application.

6.2 NLC Learning and Leisure highlight that future capacity issues in the area may arise with cumulative effects of different developments, including the South Wishaw CGA. In planning terms, given the concerns are more long−term based and in a cumulative context, to apply a developer contribution at this stage raises technical issues in respect to meeting the tests of reasonableness, precision and relevance to the actual development. At this stage therefore, it is recommended that a contribution is not justified should the Council be minded to grant planning permission.

6.3 NLC Traffic and Transportation have recommended that the application be refused for the following reasons: (1) The proposals will be of detriment to the capacity of the existing road network with no scope identified to mitigate against the increase in development traffic; (2). The sub−standard junction spacing will contribute to congestion on the A71 and result in vehicle conflict in the vicinity of the junction. These matters are discussed in greater detail in paragraphs 8.8−8.16.

6.4 NLC Pollution Control raise no objection to the application but make comments on construction impacts, the requirement for a Site Investigation (and remediation where required), and give comments on external lighting. Where appropriate these matters can be addressed by conditions. A Noise Impact Assessment is also sought in respect to any impact on the development from traffic noise on the A71 and A72. While this is not considered necessary in considering the principle of residential development at this site, a condition is proposed ensuring that the future layout and design is guided by a Noise Impact Assessment, and that a Noise Impact Assessment be lodged to support any future application for Matters Specified in Condition.

6.5 NLC Greenspace raise no objection to the application. A habitat survey has been submitted with the application and this raises no reasons for refusal. 6.7 Historic Environment Scotland was consulted in light of local listed building implications. Consultation raised no objection to the application subject to a planning condition (if permission is granted) to ensure any future application lodged for Matters Specified in Conditions has a layout and design respectful of these resources.

6.8 Scottish Water have not responded to consultation, however, as an allocated site it is considered that in the event that planning permission was granted, any subsequent details could be taken forward via a detailed application and in planning conditions.

7. Representations

7.1 8 letters of objection have been received from nearby residents and the adjacent garden centre. The reasons for objection are summarised as follows:

• The existing road network is already constrained (the proposal will make this worse). • The existing road network experiences gridlock (the proposal will make this worse). • Existing facilities such as the Carrion Garden Centre (and others) have made traffic impacts worse. • The preferred option would be a roundabout with the adjacent garden centre (various reasons given in respect to attractiveness to future residents, safety, unnecessary traffic movement, provision of traffic calming, provisions for pedestrian movement, allow closure of a priority junction, eliminate the need for land acquisition by the developer). • Unacceptable junction spacing. • Request that visibility splays of the adjacent garden centre be protected through planning conditions. • Request that construction traffic should not use access rights for agriculture over the garden centre access in the interests of protecting the established business and public safety. • Concerns that remaining land will be brought forward for housing development creating unacceptable manoeuvres with the adjacent garden centre. • Separate road improvements to the A71/Brownlee Road Junction are already likely to result in vehicles using the garden centre access for manoeuvring. • The garden centre has no objection in principle to the site being developed aside the concerns expressed in terms of access and would be willing to investigate a shared access. • Wildlife and habitat will be threatened and destroyed by the proposal. • In combination with recent developments, the proposal will unacceptably impact on the rural character of the local community, views and listed buildings. • The area is lacking in sufficient public services, including school and GP places, as well as bus services. • The proximity to the river and Clyde Walkway will undermine the value of the natural environment for existing users and residents. 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) 2012. As such, it can therefore be assessed in terms of local plan policies. The site is primarily zoned under Policy HCF2 A2 (Sites for (short−term) Housing Development − Additions to Housing Land Supply) in the North Lanarkshire Local Plan (NLLP). This policy zoning actively supports housing development with the site noted as having an anticipated capacity of 16. As noted earlier in the report, the allocated site does not include any connection to the local road network, therefore there is a necessity to take access over an area of ground zoned NBE3 Green Belt. While there is an existing access serving the Garrion Tower (also zoned as Green Belt), the applicant has proposed a new dedicated access as part of the application. The reasons for this relate to constraints with the established access and the impact of losing an avenue of mature trees. The site also falls within a zoning NBE 1 A3b Regional Sites − Area of Great Landscape Value. This places greater consideration on the landscape impact of proposals and is considered later in the report.

Development Plan:

8.2 Firstly, in terms of the primary HCF2 A2 zoning of the site, residential development is actively supported. The proposed development is therefore considered acceptable in principle. While the access crosses an area zoned NBE3 Green belt, the fact that the allocated site is detached from the local road network is an important material consideration. In physical terms, the nature of the ground proposed for access comprises a similar character and has a strong relationship with the main housing allocation. In this respect and taking into account the basic necessity to provide adequate vehicular access, the principle of such access provision is considered acceptable, despite the Green belt zoning. Moreover, taking into account the unusual circumstances and constraints with the Garrion Tower access, the principle of developing an alternate access proposal is not considered so detrimental to the wider aims of Green belt policy to merit refusal of the application. Notwithstanding these points of principle, technical assessment of the proposed access is given later in the report.

8.3 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), as well as NBE 1 A3b in respect to the Area of Great Landscape Value. With regard to Policy DSP1 (Amount of Development), the proposed development site has been brought forward to form part of the housing land supply (as an additional housing site), 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 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure necessary to mitigate demands on existing provisions. In this instance, as discussed in paragraph 6.2 above, in planning terms, an education contribution is not considered applicable. As an allocated site, there are no other policy requirements relevant to strategic impacts and there is no affordable housing policy applicable in the area. As such, it is considered that the proposal complies with Policy DSP3.

8.5 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. Proposals require to be assessed against a set of criteria. It is noted that this application is in principle only and indicative details provided only serve to demonstrate that the site can be developed.

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

b. Safe, Inclusive, Convenient and Welcoming Development

8.6 The applicant has submitted a Design and Access Statement which provides information with respect to site analysis and the potential design concept. Also identified are the policies and standards that would be relevant to the assessment of any detailed proposal going forward. For an application for Planning Permission in Principle, this review is therefore seen as appropriate. In general terms, the Planning Service does however have some concerns that the indicative layout exceeds the anticipated capacity set out in the Local Plan (with 40 units illustrated) and may be of a nature that does not reflect the rural character of the site and surrounding area. Furthermore, it is also acknowledged that the supporting Transportation Assessment was based on 100 units, notably in excess of the local plan allocation. In considering these concerns, it is acknowledged that the indicative layout is not to scale, there is limited detail on any proposed finished form and that any detailed proposal would still remain to be assessed in a subsequent application for Matters Specified in Condition. In this scenario appropriate conditions could be applied (if permission was to be granted), a point on which the applicant has confirmed by agreement. Overall, following the policies and standards for design identified by the applicant in their Design and Access Statement, it is accepted that an appropriate nature of development within the site could be achieved subject to conditions should permission be granted. Furthermore, this could be taken forward to ensure nearby listed buildings and the enhanced landscape designation is respected. It is further acknowledged that appropriate ecology assessments have been carried out indentifying that in principle, development could also proceed. On these matters it is considered that the application complies with policy DSP4.

8.7 Notwithstanding the above, the key material consideration identified through assessment of this application is however access provision. This matter is reviewed in the following paragraphs.

8.8 One of the key considerations in the assessment of this application is the issue of access. Taking into account the nature of the local road network, it had been intimated by NLC Traffic & Transportation that the site should preferably be accessed via a roundabout (subject to traffic impact assessment) designed to the appropriate standard, with provision made to allow the existing garden centre access to be incorporated into it, opposed to the formation on a new access onto the A71.

8.9 reIn−iteratedterms of the initial consultation response, the preferred access solution was along with advice on additional technical standards relating to Transportation Assessment information, pedestrian provisions, footways, stopping distances, visibility splays, junction spacing and lane widths.

8.10 On this matter, the applicant engaged with the Planning Service to try to produce an access proposal on land under their control that satisfactorily met with Council standards. Advice was also provided in respect to internal site requirements with a conclusion that the application be deferred until such matters had been taken forward.

8.11 The applicant does not have control of the land to implement the preferred option of a new roundabout on the A71 with shared access into the application site and the adjoining garden centre. Accordingly, the applicant then undertook to deliver a solution within land under their control. This resulted in three possible options, of which one, a priority t−junction solution, was taken forward to a detailed design. A second roundabout proposal was considered unacceptable due to geometric constraint and capacity impacts. In assessing the option taken forward i.e. the priority t−junction solution, it is acknowledged that the stretch of public road at this location carries a significant volume of traffic with various existing accesses and operational constraints in terms of right−turn' manoeuvres.

8.12 Assessment of the t−junction proposal was on the basis of an extended 30mph speed limit which the Council is currently in the process of implementing. Appropriate standards were provided in respect to visibility splays, right−turn provisions, footway impacts and provisions, crossing provision and traffic impact. Overall, the finalised design produced by the applicant was concluded on the basis of being the best available on land that they are able to deliver. However this included some aspects which failed to meet required standards, and anticipated some adverse impacts on the local road network. 8.13 Policy DSP 4 requires access solutions to be provided as part of proposed developments. In particular, this includes convenient access, including for cars, where required, being safe for all road users. Drawing all these matters together, final assessment of the proposal raised a number of key points:

8.14 The Transport Assessment (TA) submitted in support of the proposals indicates that the additional traffic generated by the development will have an adverse impact on the capacity of existing roads. There does not appear to be any scope to mitigate against this increase. The fundamental question is therefore to give appropriate weight to the scale and therefore acceptability of these impacts. The TA indicates the following traffic impact on existing roads:

− An increase in network wide average journey times;

− The queue on the A71 northbound approach to the development site is predicted to extend to 23 vehicles. This indicates that vehicles wishing to turn right into the site will block vehicles wishing to proceed straight ahead;

The following increases to journey times: AM eastbound − 1283s to 1428s, representing an increase of approximately 2m 25s; AM westbound − 173s to 230s, representing an increase of approximately 60s; PM eastbound − 313s to 391s, representing an increase of approximately 1 20s; PM westbound − 177s to 204s, representing an increase of approximately 27s

8.15 The A71 is a Main Distributor Road and a visibility splay of 9m x 120m should normally be provided. As a 30mph speed limit is being implemented, a visibility splay of 4.5m x 90m would be acceptable in this instance. However, desirable minimum junction spacing of 210m should normally be provided, which can be reduced to sub150m−standardin certain circumstances, as opposed to 30m and 90m as proposed. The junction spacing proposed may contribute to congestion on the A71 and result in vehicle conflict in the vicinity of the junction. The proposed junction would result in vehicle conflict with the existing residential access opposite the proposed development access.

8.16 Overall, and on balance, it is considered that the proposed solution would be of detriment to the capacity of the existing road network with no scope identified to mitigate against the increase in development traffic; and that the sub−standard junction spacing will contribute to congestion on the A71 and result in vehicle conflict in the vicinity of the junction. The proposal is therefore considered to fail to comply with policy DSP4.

c. Energy Resources and Sustainable Development

8.17 In terms of sustainable development, it is acknowledged that the site's inclusion for development purposes has followed the local plan process relative to housing land supply requirements and the strategic aims of planning policy for the Clyde Valley region.

d. Air Quality, Noise and Pollution Impacts

8.18 With regard to noise, pollution and air quality, following consultation with NLC Protective Services and consideration of their response, the nature and scale of development is such that specific studies have not been required with anticipated impacts not preventative of development. Should the committee be minded to grant permission a condition could be attached in order to ensure any future detailed application considers noise impact from the local road network, and similarly in respect to Site Investigation. e. Drainage and Water Body Status

8.19 As an allocated site, these technical matters could be addressed through conditions (should the committee be minded to grant permission) and in any detailed layout.

f. Impact on Local Amenity

8.20 In considering the location of the site in relation to neighbouring residential properties, it is accepted that subject to conditions (should the committee be minded to grant permission) 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.

8.21 In light of all of the above, other than transportation matters, it is considered that the proposed development, subject to conditions (should the committee be minded to grant permission) could satisfactorily accord with Policy DSP4.

Consultations:

8.22 In terms of the consultation responses received, other than from Roads and Transportation, 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. It is highlighted that investigation in respect to protected species has been carried out. Following assessment it is considered that there are no matters that would preclude the granting of planning permission in principle, and that planning conditions can address ongoing requirements. The same applies to drainage and flooding matters.

Representations:

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

Objection Comments

The existing road network is already constrained (the proposal will make this worse)/The existing road network experiences gridlock (the proposal will make this worse)/Existing facilities such as the Garrion Garden Centre (and others) have made traffic impacts worse/unacceptable junction spacing

Response: The assessment of transportation and access proposals is set out in the report and the application is recommended for refusal on these grounds.

The preferred option would be a roundabout with the adjacent garden centre (various reasons given in respect to attractiveness to future residents, safety, unnecessary traffic movement, provision of traffic calming, provisions for pedestrian movement, allow closure of a priority junction, eliminate the need for land acquisition by the developer).

Response: In physical terms, the preferred option by the Roads Authority would be a roundabout also serving the garden centre, however, that is not proposed as part of this application and assessment has been carried out on the basis of the details put forward. Request that visibility splays of the adjacent garden centre be protected through planning conditions. Response: The final access proposal put forward did not impact on the highlighted visibility splays. Request that construction traffic should not use agricultural access rights over the garden centre access in the interests of protecting the established business and public safety/Concerns that remaining land will be brought forward for housing development creating unacceptable manoeuvres with the adjacent garden centre/Separate road improvements to the A71/Brownlee Road Junction are already likely to result in vehicles using the garden centre access for manoeuvring/The garden centre has no objection in principle to the site being developed aside the concerns expressed in terms of access and would be willing to investigate a shared access. Response: The matters are not material to the planning assessment with the development proposal put forward assessed on its individual merits. Assessment of the local road network has been taken into account and any future application would be subject to separate assessment.

Wildlife and habitat will be threatened and destroyed by the proposal.

Response: A suitable assessment has been carried out raising no reasons for refusal. It is highlighted also that the site in question is already allocated for residential development. In combination with recent developments, the proposal will unacceptably impact on the rural character of the local community.

Response: The current application is for planning permission in principle only, and any consent granted should be subject to planning conditions to control the design and nature of development. It is accepted that this could be developed taking into account setting, landscape and listed buildings. In terms of the right to a view, this is not a planning consideration.

The area is lacking in sufficient public services, including school and GP places, as well as bus services.

Response: The application site is already zoned for residential development following adoption of the North Lanarkshire Local Plan.

The proximity to the river and Clyde Walkway will undermine the value of the natural environment for existing users and residents.

Response: The application site is zoned for residential purposes. In the event that planning permission in principle is granted, it is recommended that planning conditions are utilised to ensure an appropriate form of development. Otherwise, the appropriate ecology survey has been carried out.

Other Material Considerations

8.24 Following conclusion of the assessment of transportation matters, the applicant raised a number of points to be taken into account in the assessment of the application. These are set out and responded to as follows:

The assessment of the allocated development site was scoped with NLC Roads officers at the study outset and it was acknowledged by all parties that due to the site's rural location adjacent to a heavily congested traffic corridor (A71 peak time) with substandard to non−existent sustainable infrastructure, the sustainable criteria of the site could not be promoted within any Transport Assessment as a means to offset potential car based development trip generation. To ensure a robust appraisal could be presented as part of this application submission, the assessment assumes a 95% car based trip generation and a maximum site density of 100 residential units. It is acknowledged that the site will be designed in compliance with latest guidance to promote sustainable travel but given the sites location, there is nothing further that can be done in respect of this specific issue.

Response: It is normal for Transport Assessments to be scoped prior to being submitted, however this does not override the necessary and important assessment of the findings. It is noted that there is no reason for refusal in respect to sustainability merits and it is accepted that the site is in a more remote location. In terms of the variables presented, these were commented on through the assessment of the application and as an exercise, the sensitivity of any variables chosen requires to be taken into account when anticipating likely impacts in real terms. Overall, assessment concluded that there are concerns in respect to capacity and junction spacing. It is highlighted that the TA was based on 100 units and this has therefore been a factor in understanding the proposal put forward. There has been no assessment of the indicative capacity set out in the local plan and while lesser numbers would have a lesser (albeit unknown) impact, the technical requirements for junction provision would likely be the same, maintaining concerns of junction spacing and the ability of the established road network to maintain adequate capacity to incorporate new vehicles numbers generated at the location and their manoeuvres.

It is acknowledged that NLC's preference is for an access solution which would jointly serve the proposed development site and the adjacent Garden Centre with it being acknowledged that would represent the least contentious solution. Serious efforts to promote this have been undertaken and unfortunately it has proved not possible to agree terms to allow for this possible access solution to be taken any further forward. It should also be noted that a roundabout more any other junction type, will have the greatest adverse impact on the A 71 capacity.

Response: In land−use planning terms, applications must be considered on their own merits and in accordance with the appropriate legislation. In this instance, assessment has been made on the application and access proposal put forward.

The alternative and promoted site access strategy (priority junction) was shortlisted collaboratively through early engagement with NLC roads officers and through the evaluation of a range of possible access options appraised using a micro−simulation traffic model. Overall it was acknowledged that the challenging geometry of the A71 combined with the restrictions of adjacent development prohibited any deliverable design standards complaint solution being identified other than the priority access junction or the preferred NLC roundabout, the former being the only option which can be promoted.

Response: While detailed discussions were had between the applicant, the Planning Service and Transportation Officers, it is important to note that these are normal, with comments often given to applicants on the merits of different aspects of proposals.

The assessment results proved that any new junction resulted in a detrimental peak time traffic impact on the A71, with there being no scope to mitigate A71 impacts due to the nature of the A 71 corridor and the scope of work that would be required. The results demonstrated that a roundabout solution would generate the greatest peak time congestion, essentially nullifying any positive capacity amelioration resulting from Council investment in the A71 at this location. Overall, the preferred option is noted to be design standards compliant and technically deliverable and has been developed through discussions with NLC Roads officers. Notwithstanding the challenging location of both the site and vehicular and pedestrian access to the site and as discussed with NLC officers, the proposed priority junction solution offers the ONLY deliverable vehicular access solution to the allocated development site within the powers of the sites owner to deliver. Response: The role of council officers in this context is to make a proper assessment of the proposals and not to promote the development. In respect to anticipating the impact of a new roundabout, the proposal considered was an additional roundabout not involving the established access to the garden centre. Such a proposal has not been put forward and the Planning Authority requires to consider the application made.

The design and siting of the proposed development access took into consideration both visibility splay and junction spacing requirements, including the proximity of the nearby residential access on the opposite side of the road. This residential access comprises a driveway, which is utilised by a minimal number of vehicles. It is not considered that the occasional right turning vehicle into this driveway will cause any road safety issues or conflict with vehicles utilising the right turn lane into the proposed development. The residential driveway is located within the existing 30mph speed limit (to be extended east) and whilst it may be possible to do so, it is considered that signing such as a banned right turn is likely to be ignored and difficult to enforce. In order to provide verification of the negligible risk associated with the proposed access arrangements to the application site, it is suggested that as a condition be appended to the proposed planning permission requiring an independent road safety audit to be undertaken to provide the comfort required in regard to safety at this location and that any mitigation suggested be implemented by the developer to the satisfaction of the Council.

Response: A Road Safety Audit (RSA) identifies potential road safety problems and suggests measures to mitigate or eliminate them; it does not consider the risk associated with any road safety problem identified. It considers only road safety matters and is not a technical or design check. It does not serve the purpose of assessing whether or not the design of the proposed junction is inherently safe in road safety terms and is not a tool to refute any concerns that the roads authority may have regarding the proposals. Concerns relating to the sub−standard junction spacing and the implications that this would have on capacity and road safety would therefore remain, irrespective of the findings of a RSA. It is agreed that introducing a right−turn prohibition would be difficult to enforce and would be likely to be ignored and no other solution to mitigate or eliminate the conflict has been identified. Conditioning a RSA therefore may only serve the purpose of confirming the road safety issues already identified, with no apparent solution to mitigate against these.

8.25 Overall, it is considered by the Planning Service that the additional comments by the applicant do not offer sufficient justification in favour of supporting the degree of risk identified in respect to the access proposal.

9. Conclusions

9.1 Whilst the proposed development may accord in principle with many of the criteria set out in the North Lanarkshire Local Plan (most notably the site being allocated for residential development) the applicant has been unable to demonstrate an acceptable form of access for reasons relating to capacity, junction spacing and related safety. Such an access, it is considered, would result in a significant and adverse impact on road safety and congestion at this location and on balance therefore it is therefore recommended that permission be refused. Application No: Proposed Development:

15/01820/AMD Alteration to Approved Plans for Energy from Waste (EfW) Processing Building, incorporating Provision of External Turbine Chiller Unit, Repositioning of Flue Stack, Deletion of Front End Material Recovery Facility (MRF) and Repositioning of Internal Waste Reception Hall to South Elevation of EfW Building. (Section 42 Variation to Condition 2 of Planning Permission 09/00675/FUL). Site Address:

Land at the Former Shanks & McEwan Site 251 Glasgow And Edinburgh Road Lanarkshire MI−5 4UG

Date Registered:

24th August 2015

Applicant: Agent: Shore Energy N/A Findony Road Dunning PH2 ORA Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 010 1 letter of representation received. James Brooks, John Higgins, lmtiaz Majid,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed amendments to the technical design and operational function of the previously approved Energy from Waste (EfW) Plant are considered acceptable as there would be no significant adverse environmental impacts. The proposals are considered to be in accordance with the North Lanarkshire Local Plan and meet the assessment criteria set out in the associated Supplementary Planning Guidance SPG 10 (Assessing Planning Applications for Waste Development). The proposed amendments to the EM! Plant design would also ensure the waste plant is compliant with the Zero Waste Plan objectives. The proposed variation to extant condition 2 is also acceptable.

Conditions:Proposed −Conditions

Unless otherwise agreed in writing with the planning authority, following consultation with the Scottish Environment Protection Agency, only residual waste (ie waste remaining after all practicable and reasonable efforts have been made to extract recyclable material, and compostable material if appropriate) shall be treated in the energy from waste part of the development hereby approved.

Reason: In order to ensure that only residual waste is treated in the energy from waste plant in accordance with Scottish Government waste policy and the Scottish Environment Protection Agency's 2009 Thermal treatment of waste guidelines.)

2. No waste materials shall be accepted onto the site until the facility is operational. This facility shall be completed in accordance with the approved amended plans. No waste shall be accepted at the facility unless it has been pre−treated and sorted as appropriate.

Reason: To ensure the operation of the development accords with the principles of sustainable waste management and accords also with Scottish Government waste policy.

3. Prior to the acceptance of waste materials at the site, the development hereby permitted shall be designed and constructed to enable the export of electricity to the national grid in accordance with the approved plans.

Reason: To ensure that the plant is capable of exporting electricity to the national grid in accordance with Scottish Government policy and the Scottish Environment Protection Agency's Thermal treatment guidelines on maximising energy recovery from such facilities.

4. No development shall commence on site until a schedule of materials and finishes and associated samples for all components of the development, including ground surfaces and boundary enclosure has been submitted to, and approved in writing by, the planning authority. The development shall be carried out in accordance with the approved schedule and associated samples.

Reason: To ensure the quality of the appearance of the development in the interests of visual amenity.

5, No development shall commence on site until a site traffic management plan, which shall include timescales for completion of all proposed measures, has been submitted to, and approved in writing by, the planning authority. The approved plan shall be implemented in full. Implementation of the plan shall ensure that all traffic noise on site is minimised. In particular the plan shall include provisions to ensure that waste delivery vehicles can enter and leave the waste processing building in a forward gear.

(Reason: To minimise noise impacts from the operation of the waste management facility in the interests of amenity.)

6. No development shall commence on site until a site waste management plan has been submitted to, and approved in writing by, the planning authority following consultation with the Scottish Environment Protection Agency. The approved plan shall be implemented in full during the construction of the development.

Reason: To ensure best practice is adopted in dealing with waste during the construction phase of the development in accordance with Scottish Government policy.

No development shall commence on site until a full site specific construction method statement has been submitted to, and approved in writing by, the planning authority following consultation with the Scottish Environment Protection Agency. The construction method statement shall incorporate detailed pollution avoidance and mitigation measures for all construction elements potentially capable of giving rise to pollution including matters relating to the construction of the building, impacts on hydrogeology and disposal of contaminated land. Specifically the statement shall include the following:

• how contaminated land will be dealt with; treated and disposed of as necessary; • details of how disturbance to groundwater will be minimised, including any dewatering proposals; • details of the storage of construction fuels, materials, raw materials and by production; • temporary SuDS measures; and • dust mitigation methods.

The development shall be carried out in accordance with the approved details.

Reason: To protect the water environment from any damage arising from the construction and operation of the development hereby approved.

No development shall commence on site until the full details of a surface water drainage scheme, which is compliant with the principles of SuDS, and includes the timescale for its implementation, has been submitted to, and approved in writing by, the planning authority. The drainage scheme must comply with the most recent relevant advice issued by the Scottish Environment Protection Agency. The post−development surface water discharges shall ensure that the rate and quantity of run−off to any watercourse are no greater than the pie−development run−off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve any aquatic habitat at or near the site. The approved scheme shall be implemented in accordance with the approved timescale.

Reason: To ensure that the SuDS drainage scheme complies with best practice.

The surface water drainage scheme approved in terms of condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the scheme, a certificate (signed by a chartered civil engineer experienced in drainage works) shall be submitted to the planning authority confirming that it has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To ensure that the surface water drainage scheme complies with best practice.

10. No development shall commence on site until a travel plan has been submitted to, and approved in writing by, the planning authority following consultation with Transport Scotland − Trunk Road Network Management Directorate. The approved travel plan shall be implemented in full, and shall generally be in accordance with the travel plan framework prepared by Arup (dated June 2009) as submitted with the application. Specifically it shall identify: measures to be implemented; the timescales for implementation; the system of management, monitoring, review and reporting; and the duration of the plan.

Reason: To ensure the operation of the development accords with the requirements of Scottish Planning Policy and Planning Advice Note 75 Planning for Transport.)

11. No development shall commence on site until a barrier has been erected along the boundary of the site with the A8 Trunk Road. Full details of its design and location along with a schedule of maintenance shall be submitted to, and approved in writing by, the planning authority, following consultation with Transport Scotland −Trunk Road Network Management Directorate.

Reason: In the interests of traffic and pedestrian safety at the locus.

12. No development shall commence on site until an odour management plan has been submitted to, and approved in writing by, the planning authority following consultation with the Scottish Environment Protection Agency. The plan shall provide the details of measures necessary to prevent offensive odours together with a scheme for abatement in the event of offensive odours being identified. These measures shall include as an integral part of the development the installation of fast opening/closing doors to the materials recovery and fuel preparation facility; and these shall be kept shut at all times when a vehicle is not entering or leaving. The plan shall also include timescales for the implementation of all measures. Both the materials recovery and fuel preparation facility and the pyrolysis facility shall be operated in strict accordance with the odour management plan so approved.

Reason: In the interest of general and residential amenity.

13. No development shall commence on site until a scheme of lighting within the site has been submitted to, and approved in writing by, the planning authority following consultation with the roads authority. The design of the lights shall incorporate downward reflectors.

Reason: In the interests of road safety at the locus, to minimise light pollution in the vicinity, and to accord with the biodiversity enhancement measures required under the terms of condition 14.

14. No development shall commence on site until a scheme which incorporates the Best Practice Measures for Wildlife and the Biodiversity Enhancement Measures detailed in Annex G (Ecology) of the Environmental Statement has been submitted to, and approved in writing by, the planning authority. The scheme shall include a timescale for completion of each of its elements. These shall include the following: • after a further survey for otters and a full assessment of the potential impacts of the proposed works on otters, detailed mitigation measures to avoid, reduce and mitigate any predicted negative impacts; • a programme to install bat boxes on the edge of the adjacent North Calder Water SINC woodland; • landscaping using exclusively native plant species; • creation and maintenance of species rich grassland areas, and • downward reflectors to be installed on any artificial lighting to minimise impacts on bats and other wildlife.

Reason: In the interests of nature conservation within the site and surrounding area.

15. No development shall commence on site until a scheme of hard and soft landscaping within the site boundary incorporating biodiversity enhancement measures and native tree planting has been submitted to, and approved in writing by, the planning authority in consultation with Scottish Natural Heritage. The scheme shall include: • details of any earth moulding and hard landscaping, boundary treatment, wild grass seeding and turfing; • a scheme of native tree and shrub planting which shall include a majority of heavy standard tree sizes; • the scheme of native tree and shrub planting shall incorporate details of the location, number, variety and size of trees and shrubs to be planted; • an indication of all existing trees and hedgerows, together with details of those to be retained, and measures for their protection in the course of development; • a detailed timetable for all landscaping works which shall provide for these works to be carried out before any waste materials are accepted on site; and • a management and maintenance scheme for these works.

(Reason: In the interests of nature conservation, biodiversity, and visual amenity and to meet the commitment of the council to the provision of high quality landscaping in developments within North Lanarkshire.)

16. All works included in the scheme of landscaping and native tree planting, approved under the terms of condition 15 above, shall be completed in full, in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of nature conservation, biodiversity, and visual amenity, and to meet the commitment of the council to the provision of high quality landscaping in developments in North Lanarkshire.)

17. No development shall commence on site until a comprehensive site investigation report has been submitted to, and approved in writing by, the planning authority. The investigation shall be carried out in accordance with current best practice advice, including that found in BS 10175: The Investigation of Potentially Contaminated Sites and CLR 11. The report shall include a site specific risk assessment of all relevant pollution linkages, a conceptual site model, and details of any remediation works required along with timescales for their completion. All remediation works shall be completed to the complete satisfaction of the planning authority within the approved timescales. 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 works approved in the site investigation report.

Reason: To establish whether or not site decontamination is required and, if it is, to ensure that the site is free of contamination, in the interests of the amenity and wellbeing of future employees and visitors to the waste management facility.

18. No waste shall be received on site until a revised parking and manoeuvring plan, including a timescale for completion of the approved works, has been submitted to, and approved in writing by, the planning authority. The revised parking plan shall make provision for a minimum of 50 on−site parking spaces at the site. All the parking and manoeuvring areas thereby approved shall be levelled, properly drained, surfaced in an approved material, clearly marked out and hereafter, maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking within the site and in the interests of pedestrian and vehicular safety.

19. The maximum quantity of waste that can be imported into the waste facility in any one year shall not exceed 180,000 tonnes unless otherwise agreed in writing with the planning authority following consultation with the Scottish Environment Protection Agency.

For the avoidance of doubt, this overall limit includes an allowance for the importation of pre−processed refined bio−fuel.

Reason: To ensure the operation of the development accords with Scottish Government waste policy in respect of the identified waste streams.)

20. Unless otherwise agreed in writing with the planning authority, no import to or export of waste or other material from the site shall take place outwith the hours of 07.00 to 19.00 weekdays and 07.00 to 13.00 on Saturdays. For the avoidance of doubt, no import to or export of waste or other materials from the site shall take place on Sundays.

Reason: To enable the planning authority to retain effective control of noise, and in the interests of residential amenity in the vicinity.)

21. Unless otherwise agreed in writing with the planning authority, import to and export of materials from the site during the construction phase of the development shall be limited to 07.00 to 19.00 weekdays and 07.00 to 13.00 on Saturdays. For the avoidance of doubt, no import to or export of materials from the site shall take place on Sundays.

Reason: To enable the planning authority to retain effective control of noise, and in the interests of residential amenity in the vicinity.

22. During the operational phase of the development no waste material, unless enclosed in secure containers, shall be stored outside the waste processing buildings hereby approved by the planning authority.

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

23. No development shall commence on site until the developer has taken all reasonable steps to establish a community liaison committee of 5 persons. To that end, the developer shall invite the local community to nominate up to 2 representatives to sit on the committee together with a representative from the Scottish Environment Protection Agency and a representative from the planning authority. The representative of the developer may be accompanied by such other persons as may be of assistance to the committee in carrying out its work. Meetings of the committee shall be held on site every quarter or at longer intervals as the committee members may determine appropriate.

Reason: In the interests of best practice in community engagement; and to ensure that the local community is kept informed about the development and that any concerns of the local community regarding potential environmental and amenity impacts are taken into account in the construction and operation of the development.

24. Within 3 months of the commencement of development, the developer shall produce a co−ordinated non−technical summary environmental report for the site which will include the matters covered by conditions 7−9 and 13−17, which will be made available to the planning authority and the community liaison committee, to be established in compliance with condition 23. The report will then be updated on each anniversary after its first issue to report on the progress of the measures contained therein.

Reason: To enable the local community to be fully informed and for the planning authority to consider these aspects in the interests of the amenity of the site and surrounding area.) Background Papers:

Consultation Responses:

Transport Scotland Environmental Health (including Pollution Control) NLC Greenspace Scottish Environment Protection Agency Network Rail Traffic & Transportation Landscape

Contact Information:

Any person wishing to inspect these documents should contact Mr Cohn Marshall at 01236 632500

Report Date:

7th April 2016 APPLICATION NO. 15/01820/AMD

REPORT

1. Site Description

1.1 The Energy from Waste (EfW) Plant development site extends to some 3.6 ha in area and is bounded to the south by the A8, to the east by the main Motherwell−Coatbridge railway line and woodland corridor and to the west and north by an area of scrubland and the North Calder Water. East Shawhead Industrial Estate is located about 500m to the northwest of the site. The residential area of South Carnbroe is situated some 200m north−east of the site beyond the railway line and woodland corridor.

Proposed Development

2.1 Planning permission is being sought under the terms of section 42 of the Planning Act for an amendment to the design and waste processing function of the consented Energy From Waste Management Plant at the former Shanks & McEwan Site, 251 Glasgow And Edinburgh Road, Coatbridge (A80).

2.2 The developer has advised that the proposed changes to the waste processing plant are required to ensure it remains commercially viable and is capable of meeting the technical requirements of the waste management regulations implemented by SEPA via their PPC licensing requirements. As such a number of alterations to the currently consented EFW plant design and function would be required.

2.3 The main changes to the Energy from Waste (EM!) Facility (as approved) would include the following alterations:

• The main waste processing building would incorporate the ancillary office facilities. • Externally, a single turbine−chiller unit, a utilities block, two weigh−bridges and a 50 space car parking area would be provided as part of the amended site layout. • The internal circulation roadway to be used by waste delivery vehicles would be retained. • The "front end" Material Recovery Facility (MRF) would not be required as the amended EM! Facility would now process pre−treated residual waste only. • A "back end" MRF would be provided to capture and segregate latent post−processing recyclate materials • The amended EM! Plant would be capable of supplying waste heat to third party user off−takers. • The consented EM! Plant Design incorporated two stacks at 27m in height to either side of the waste processing building. Only one flue stack would now be required and this would be relocated to the north end of the main processing building. The single stack would be 35m in height but this would be subject to further revision if required by SEPA during the PPC licensing requirements. • The internal waste processing operation would be reversed and the waste reception area would be relocated to the south end of the main building. • The building massing would be reconfigured to accommodate the changes. The amended waste processing building roof would be constructed in four separate stepped sections with incremental increase in height from its front elevation (c. 22m height) through to the rear elevation (c. 30m in height) • The waste processing building would also include an open section of roof to the centre of the main building. • For commercial viability, power generation would change from combined cycle to steam which requires the inclusion of the turbine−chiller plant to the north east corner of the site.

2.4 As the front end MRF is to be removed from the EM! Plant's designed function the developer seeks to amend extant condition 2 to reflect the changes to the EM! plant design.

Extant Condition 2 of 09/00675/FUL currently states: "No waste materials shall be accepted onto the site until the materials recycling facility is operational. This facility shall be completed in accordance with the approved plans. No waste shall be sent to the energy from waste facility until it has been pre−treated and sorted as appropriate in the materials recycling facility. (Reason: To ensure the operation of the development accords with the principles of sustainable waste management and accords also with Scottish Government waste policy.)"

The developer seeks to replace extant Condition 2 with the following amended version to reflect the proposed deletion of the front end MRF.

"No waste materials shall be accepted onto the site until the facility is operational. This facility shall be completed in accordance with the approved amended plans. No waste shall be accepted at the facility unless it has been pre−treated and sorted as appropriate. (Reason: To ensure the operation of the development accords with the principles of sustainable waste management and accords also with Scottish Government waste policy.)"

Applicant's Supporting Information

3.1 In support of the application the following support information has been provided.

• Application Form and Amended Plans • Air Quality Report • Noise Report • Heat and Power Plan • Photo Montages • Planning Statement

4. Site History

4.1 The site has previously supported a mixed variety of industrial and waste management land uses including landfill, waste transfer station and a waste tyre depot, all of which have now been removed from the development site.

• 071006431FUL Change of Use of General Industrial Area to Waste Transfer Station for Storage and Processing of Car Waste (Retrospective) (Granted August 2007) • 07/02078/OUT Class 5 (General Industry) and Class 6 (Storage and Distribution) Development (In Outline) and Associated Works (Refused May 2008) • 09/00428/OUT Class 5 (General Industry) and Class 6 (Storage and Distribution) Development in Outline (Appeal Dismissed July 2010) • 09/006751FUL Commercial, Industrial and Municipal Waste Material Recovery and Renewable Energy Facility comprising Main Processing Building and Office Block (Appeal Allowed 17th May 2011).

4.2 The pre−start requirements of the planning conditions attached to extant planning permission 09/00675/FUL were fully discharged in February 2014 and a material commencement to the approved EfW Waste Management Plant development was confirmed on 13th May 2014 in accordance with the terms of section 27 of the Planning Act (as amended).

4.3 The developer has set up a Community Liaison Group with members of the local community and this has kept local residents informed of the progress with the EfW development. Meetings are hosted and attended by SEPA at their offices in Eurocentral Business Park. This is a requirement of the planning permission. Previous meetings were held in January and April 2014 and in September 2015. Minutes of these meetings are available under the 09/00675/FUL application file and can be viewed via the NLC e planning web site.

Development Plan

5.1 The EfW development site is currently zoned under policy ED[ 1 Al (Existing Waste Management Facilities) of the North Lanarkshire Local Plan 2012. 5.2 Policy EDI3 C (Waste Development) would also be relevant.

6. Consultations

6.1 There were no objections from NLC Protective Services, NLC Roads Operations, NLC Landscape Services, NLC Greenspace, Network Rail, or Transport Scotland.

6.2 SEPA initially set out a holding objection based on the grounds that there was lack of detailed information with regard to air quality, noise and odour issues. The applicant subsequently provided additional technical information covering the amended waste plant processing operations and SEPA confirmed they had no further objection subject to their PPC licensing requirements. 7. Representations

7.1 There was a letter of objection received from Elaine Smith MSP. The terms of objection relate to the following concerns:

• Removal of the front end recycling facility • Increasing the tonnage to 160,000 tonnes • Altering the height of the chimney stack and other change to the plant design. • There has not been adequate public notification of this amendment planning application.

8. Planning Assessment

8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents.

8.2 Section 42 of the Act sets out that on receiving such an application, the planning authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, planning permission should be granted.

8.3 As noted above planning permission 09/00675/FUL was granted subject to conditions by Scottish Ministers following an appeal and a material commencement of the approved development was confirmed in May 2014. This permission included a comprehensive list of conditions that were considered necessary to minimise impacts associated with the EfW development. Condition 1 of the permission refers to a list of approved drawings covering the design and function of the EfW Plant and the developer seeks permission to amend the EM! Plant to ensure it is commercially viable, uses the best available waste processing technology and is capable of meeting the waste management regulations and the requirements of SEPA's PPC licensing requirements. The changes to the EfW plant are set out at paragraph 2.3 above.

Development Plan

8.4 The proposed changes to the consented EfW Plant, whilst material are not considered to be of strategic significance therefore the proposal may be considered on their own merits under the terms of the current development plan policies and associated supplementary planning guidance.

8.5 Policy EDI 1 Al (Existing Waste Management Facilities); The proposed changes to the commenced EfW Plant development would accord with Policy EDI A Al and the associated Supplementary Planning Guidance EDI1 A (Ancillary Development and Change of Use of Industrial and Business Areas).

8.6 Policy EDI3 (Waste Developments); The proposals would also accord with the requirements of policy EDI3 as the proposals relate to an approved EfW waste management plant which has been commenced on site and would deliver additional capacity as required in the Zero Waste Plan Annex B. The proposed amended EFW plant would still be able to comply with EU waste directives, National Waste Plan and sufficient support information has been provided to ensure there would be no unacceptable impacts as a result of the proposed changes. The site of the EM! plant is also close to end users of heat and power and SEPA have confirmed the amended plant design is capable of meeting their Thermal Treatment Guidelines. In addition the proposed amendments would accord with Supplementary Guidance ED[ 3 (Assessing Planning Applications for Waste Developments).

8.7 An assessment of the proposed changes to the design and function of the consented EfW Plant as listed under paragraph 2.2 is required.

• The main waste processing building would incorporate the ancillary office facilities: This would result in an acceptable reduction in the development footprint of the EfW Plant and would not impact on the waste processing functions.

Externally, a single turbine−chiller unit, a utilities block, two weigh−bridges and a 50 space car parking area would be provided as part of the amended site layout. These changes reflect an update in waste processing technology, improved staff facilities and the weigh bridges are necessary to ensure waste received and dispatched at the site are effectively monitored. The increased car parking spaces for visitors and staff is acceptable. There was no objection from SEPA or NLC Roads Operations in this regard.

• The internal circulation roadway to be used by waste delivery vehicles would be retained: Waste delivery vehicles would access the waste reception hall on the south side of the building but would use the internal circulation route to access/egress the weighbridges. NLC Roads Operations had no objection to this change.

• The "front end" Material Recovery Facility (MRF) would be removed: The MRF is not longer required as the operator intends to process pre−treated residual waste only. SEPA had no objection to this change provided only residual waste is used to fuel the EfW Plant. The amendment to condition 2 would ensure the updated EtW Plant would process residual waste only.

• Are−cyclate"back end" MRF would be provided to capture and segregate latent post−processing materials: This would be required to meet current waste management regulations and a requirement of SEPA's PPC licensing requirements. As noted above SEPA had no objection to the proposals.

• offThe−takers:amended EfW Plant would be capable of supplying waste heat to third party user This provision would also be a requirement of SEPA's PPC licensing and meet SEPAs Thermal Treatment of Waste Guidelines 2014. SEPA had no objection.

• Only one flue stack would now be required and this would be relocated to the north end of the main processing building. The stack would be 35m in height but this would be subject to further revision if required by SEPA during the PPC licensing requirements. The 35m stack height and positioning to the north elevation of the processing building is considered acceptable as there is no significant visual impact demonstrated in the supporting information. SEPA had no objection but confirmed the final stack height may need to be increased in height if required under SEPA's technical assessment of the development at the PPC permitting stage. If there is any technical requirement to increase the height of the stack beyond 35m a further amendment application would be required. It has been demonstrated that the stack height of 35m would not result in any unacceptable visual impacts.

The internal waste processing operation would be reversed and the waste reception area would be relocated to the south end of the main building: The proposed deletion of the "front end" MRF has enabled the operator to reconfigure the internal waste handling processes. As such there would be no delivery of waste to the north elevation which in turn removes HGV turning manoeuvres at this part of the site. NLC Roads had no objection in this regard.

The building massing would be reconfigured to accommodate the changes: The proposed changes to the EfW Plant design reduces the waste process building's footprint and is considered acceptable. Roof heights remain of similar curved profiled design but would be stepped in height to house the waste processing plant and are acceptable in terms of visual impact. • The waste processing building would include an open section of roof to the centre of the main building. This open section of roof at the centre of the waste processing building is required under health and safety requirement to ensure the building is appropriately vented from the high temperatures of the thermal treatment process. The open section of roof would not be visible from ground level. It is considered this alteration would be acceptable.

For commercial viability, power generation would change from combined cycle to steam only which requires the inclusion of the turbine−chiller plant to the north east corner of the site. There was no objection from SEPA in this regard and the additional turbine−chiller plant is considered acceptable as it would have no unacceptable impacts in terms of noise emissions or visual impacts. There were no objections from SEPA, NLC Protective Services or NLC Landscape.

8.8 Air Quality: An air quality report (June 2015) was provided in support of the application. NLC Protective Services were satisfied with the findings of this report and had no objections.

8.9 Noise Impacts: Similarly, a noise impact report was also submitted in support of the applications. NLC Protective Services were content with the findings of the report and had no objections in this regard.

8.10 Visual Impacts: Photo−montages of the proposed EfW Plant were provided in support and NLC Landscape considered visual impacts on the landscape would be improved as a result of the amendments.

8.11 Transport: An amended vehicle tracking drawing demonstrated that the internal circulation of waste delivery vehicles within the perimeter of the main site area is acceptable. The applicant has advised that all imported waste brought to the site would be suitable for processing through thermal treatment. This correlates with the removal of the front end MRF which previously would generated additional HGV trips involved in exporting recovered waste for reuse in the production of new materials at off−site locations. NLC Roads had no objection in this regard.

8.12 Consultation Responses: There were no objections from SEPA, NLC Roads, NLC Protective Services, NLC Landscape or NLC Greenspace. There was no objection from Network Rail or Transport Scotland.

8.13 Representation: The following comments on the material terms of objection raised by the MSP are considered as follows.

• The amended EfW Plant would not require a front end MRF as all waste that would be brought to the EFW facility would be residual. i.e. Waste that has previously been subject to recycling process by other waste management facilities. • There is no proposal to increase the quantity of waste to be processed and the EfW waste capacity remains as approved at 160,000 tonnes per annum. • The proposed alterations to the EM plant would have no detrimental impacts. The original EFW Plant had two separate stacks and this has been reduced to one stack at 35m in height. It is considered this alteration and other changes set out at paragraph 2.2 above are acceptable. • The publicity measures taken in respect of the planning application were fully in accordance with the requirements set out in the planning legislation, and the proposal was advertised in the Airdrie and Coatbridge Advertiser on 9 September 2015

Conclusions

9.1 Then proposed changes to the EfW Plant and extant condition 2 are considered acceptable and in accordance with the policies and guidance set out in the development plan. There were no unresolved objections from the consultees and whilst the terms of objection can be noted, these raise no significant concerns in terms of potential conflict with the development plan or impacts. The amended design of the consented EM Plant would be capable of meeting the waste regulations and SEPA's PPC licensing requirements. It is therefore recommended that planning permission be granted subject to the revised conditions set out above. Application No Proposed Development:

15/0 19 16/EU L Full and Temporary Works to Stabilise Embankment and Tree Removal Works

Site Address:

Garrion Gill Overtown Road Waterloo Wishaw

Date Registered:

18th September 2015

Applicant: Agent:

Network Rail N/A George House 36 North Hanover Street Glasgow Gi 2AD

Application Level: Contrary to Development Plan:

Committee No

Ward: Representations:

020 Wishaw No letters of representation received. Rosa Zambonini, Jim Hume, Samuel Love, Frank McKay,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development accords with the relevant policy as, while it is not possible to conclude that there is no impact on the Special Area of Conservation, the absence of other options, reasons of over−riding public interest and the willingness of the applicant to compensate means that the development can be accommodated without significant detriment.

NOTE TO COMMITTEE: Please note that should the committee be minded to approve this application the decision will require to be referred to Scottish Ministers in accordance with regulation 49 of the 'Habitats Regulations. In addition should the Scottish Ministers indicate that the Council can determine the application the planning permission should not be issued until such time as a legal agreement securing offsite habitat mitigation has been concluded.

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;− JS831/SK021, JS831/302, JS831/310, JS831/31 1, JS831/312, JS831/313, JS831/314, JS831/315, JS831/321, JS831/SK018, JS831/SK01 9

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

2. That unless otherwise agreed in writing by the Planning Authority the works hereby permitted shall be undertaken in accordance with the 'Environmental Management Plan' (titled: Carrion Gill − Main Works QTS/EMP/JT1 5/1794 Rev 4).

Reason: In the interest of the local environment.

3. That unless otherwise agreed in writing by the Planning Authority once the development hereby permitted is completed the site will be maintained in accordance with the document titled 'Management of Lineside Vegitation (ref: NR/1−21TRK/5201).

Reason: To ensure that the site is appropriately maintained.

4. That before the development hereby permitted starts the ecological survey dated January 2014 shall be updated on the site to determine the presence of any statutorily protected species, particularly for bats, 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.

That before the development hereby permitted starts junction visibility splays of 2.5m x 90m from the access along the A71 in both directions should be achieved and maintained at all times to the satisfaction of the Planning Authority.

Reason: In the interests of road safety.

That before the development hereby permitted starts, wheel cleaning measures shall be installed within the site, details of which and their location, shall be agreed in writing by the Planning Authority prior to installation and in the event of any deposit of mud or any other material on surrounding roadways/footways, the deposits shall be cleared as soon as possible by means of mechanical sweeper;

Reason: In the interests of road safety. Background Papers:

Consultation Responses:

Letter from Scottish Natural Heritage received 7th December 2015 Memo from Greenspace received 30" March 2016 Memo from Protective Services received 4111 November 2015 Letter from the Coal Authority received 5t11 November 2015 Letter from the Scottish Environment Protection Agency received 4111 November 2015 Memo from Transportation received 13111 November 2016

Contact Information:

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

Report Date:

24th March 2016 APPLICATION NO. 15/01916/FUL

REPORT

1. Site Description

1.1 The site is 0.5ha of land divided by the West Coast Mainline at Garrion Gill which is south west of Wishaw. The southern section is semi circular in shape sloping downwards steeply and encroaching into the Clyde Valley Woods Special Area of Conservation (SAC). This particular SAC is designated for its mixed woodland on base rich soils associated with rocky slopes. The northern section projects along the north of the railway and contains limited vegetation.

2. Proposed Development

2.1 Due to the threat of landslip an engineered solution is proposed to strengthen slope stability initially comprising of the removal of vegetation, top soil and trees and excavation of the embankment. Grouting would then occur targeting underground areas affected by mine workings, and, upon completion of this, the embankment would be re−graded using engineered fill material (graded rock) and the re−used excavated slope material. Some trees have already been removed to allow monitoring equipment to be installed to measure the extent of the slope movement. A temporary compound would be located to the north of the site with works vehicles taking access from Overtown Road.

3. Applicant's Supporting Information

3.1 The applicant has submitted a supporting planning statement, environmental appraisal, assessment of options, and a statement as to why the works need to be carried out in terms of over−riding public interest. The submitted Environmental Statement summarises that the impact on the SAC will not be significant as they consider the impact of the works to be temporary in nature as mitigation is proposed and they consider the area of works relative to the size of the designated area to be small. Theirover−riding assessment of options shows that there is no alternative to the proposal and the reason for public interest is that the potential slippage of the embankment, which is looking highly likely if the works are not carried out urgently, would result in major damage to this strategically important infrastructure on the railway network.

3.2 However following discussions with SNH it became apparent that it was not possible to conclude that the works would not have a significant impact on the SAC and the wider network of habitat protected by the European Habitat Regulations. The applicant was then advised of the possibility of providing compensation as a means of mitigating the impact in accordance with the Habitat Regulations for developments where no other options exist and are required due to reasons of over−riding public interest. They subsequently confirmed their willingness to provide compensation, and identified an area known as 'Hall Gill' within Woodlands Local Nature Reserve. This was identified following further discussions with SNH due to its similarity to the application site and potential to be upgraded to a SAC. Draft management plans and a legal agreement have subsequently been submitted that will commit Network Rail to providing the appropriate compensation.

4. Site History

4.1 This section of the West Coast Mainline has a history of undermining and has had previous and ongoing works to stabilize it. Permission was granted in 2006 for Upfilling of Land Associated with Railway Embankment Stabilisation (reference 06/00600/FUL) and other more recent works have been undertaken within the confines of Network Rail's land and were therefore permitted development.

5. Development Plan

5.1 The site is zoned as NBE 3 A (Green Belt), NBE 1 Ala (Special Areas of Conservation) and NBE 1 A2a (Sites of Special Scientific Interest) in the North Lanarkshire Local Plan 2012. Consultations

6.1 SNH has objected after carrying out an environmental appraisal and summarising that the proposal will have an impact on the Clyde Valley Woods SAC and advise that the Council is required to undertake an appropriate assessment. They conclude that it is unlikely that such an assessment would be able to ascertain that there will be no adverse effect on the integrity of the site and that there is no mitigation that could be recommended. Subsequently they have provided informal guidance in relation to potential compensation elsewhere in a site identified by Network Rail in Cambusnethan Woodlands.

6.2 Greenspace agreed with the view of SNH that the works proposed will have an adverse effect on the Clyde Valley Woods SAC.

6.3 SEPA initially objected due to lack of information with regards to the environmental impacts of grouting but have since removed the objection upon receipt of additional information.

6.4 Transportation raised no objections subject to conditions relating to visibility at the access and measures put in place to prevent loose material being carried onto the road.

6.5 Protective Services raised no objections.

7. Representations

7.1 No letters of representation were received following the press advertisement.

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. In this instance, as the development affects a site that has been designated for a European Priority Habitat, articles 6(3) and 6(4) of the Habitats Directive are also relevant.

Development Plan

8.2 The North Lanarkshire Local Plan 2012 identifies the site as NBE 3 A (Green Belt), NBE 1 Ala (Special Areas of Conservation) and NBE 1 A2a (Sites of Special Scientific Interest). Policies DSP 4 (Quality of Development) and Supplementary Planning Guidance 07 (Green Belt) are also relevant.

8.3 Policy NBE 3 A and the associated SPG 07 both restrict developments and alterations to existing uses in the green belt containing a range of criteria for assessing developments such as economic, locational and environmental factors whilst also taking account of issues such as scale, landscape impact and adherence to other relevant policy and guidance. In this instance the engineering works comply in principle with this policy and guidance and the proposals are considered further below.

8.4 NBE 1 Ala and NBE I A2a highlight that the site as has international importance and specify that any development that is likely to have a significant effect on such a site will be subject to an appropriate assessment. Such an assessment should conclude that there will be no adverse impact on the integrity of the site. Assessments that fail to conclude that there will be no impact will only accord with this policy if no alternative solutions exist and imperative reasons of overriding public interest exist and suitable compensation can be secured subject to the opinion of the European Commission (via Scottish Ministers).

8.5 In accordance with NBE 1 Ala and article 6(3) of the Habitats Directive an appropriate assessment has been undertaken. Given that the proposal effectively removes part of the qualifying interest that makes the wider woodland a SAC the assessment has concluded that the proposal would impact on the integrity of the Clyde Valley Woods. The direct and indirect impact of the works on the site and neighbouring habitat is unavoidable in this instance.

8.6 In terms of any potential alternative solutions the supporting information shows that the applicant has carefully considered these. The preferred option is the one that is most likely to strengthen the embankment to such an extent that will successfully prevent future failure whilst also minimising any disturbance to passenger and freight services at this critically important part of the national rail network. In terms of the reasons for over−riding public interest the slope monitoring over time has shown it to be moving on a continual basis and that the risk of it failing over time is increasing.

8.7 The details and extent of compensatory measures is in a draft format at this stage however the applicant has identified a site considered to be appropriate following discussions with SNH and Greenspace. They are willing to enter into a legal agreement committing them to provide the necessary compensatory works. The proposal is considered to accord with NBE 3 A, NBE 1 Ala, NBE 1 A2a and SPG 07 subject to the appropriate legal agreement and further assessment against DSP 4.

8.8 DSP 4 requires an appraisal of the site, protection of any natural features of interest and a high quality of development to be achieved by ensuring developments integrate well avoiding any adverse impact on residential amenity whilst also taking account of the visual impact and any Transportation implications. As detailed above the site is important from a conservation perspective and the development will undoubtedly have an impact however the works to this significant transport link are unavoidable and considered to be acceptable in this instance subject to conditions securing appropriate mitigation and compensation. The engineered slope will have an impact on the landscape at this location however habitat is likely to return to the area over time subject to the Environmental Management Plan. A protected species survey has shown that the proposal will not result in an adverse impact subject to a condition requiring suitable mitigation and Greenspace have not objected. There is no housing in the immediate vicinity of the site and a condition is recommended ensuring that vehicle management plan is in place during the works in the interests of road safety and in order to avoid any potential disturbance to local residents.

9 Conclusions

9.1 In conclusion, the assessment has found the proposal to have an impact on the integrity of the Clyde Valley Woods SAC, however, suitable mitigation and compensation can be arrived as there are no other options available to the applicant and reasons for over−riding public interest for the development. The proposal therefore can be justified against the relevant policies of the North Lanarkshire Local Plan 2012 subject to the recommended conditions.

9.2 The committee should note that given the objection from Scottish Natural Heritage this application requires to be notified to Scottish Ministers. Thereafter if they are content that the Council can proceed and determine the application consent should not be issued until a legal agreement has been concluded to secure offsite habitat replacement. Application No: Proposed Development:

15/0 1944/EU L Erection of a Single Wind Turbine (Maximum Height 78m to Blade Tip) − NS 665856 287767 Site Address:

100 Blairmuckhole And Forrestdyke Road Harthill MI−7 5TR

Date Registered:

9th October 2015

Applicant: Agent: Fine Energy Ltd N/A 11 Stafford Street Edinburgh EH3 7BR Application Level: Contrary to Development Plan: Local Application No

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

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development would accord with policies NBE313, EDI 2C2 (including SPG 12) and DSP4 of the North Lanarkshire Local Plan and Scottish Planning Policy. It is considered that the information submitted with the planning application including the Supporting Statement has provided sufficient evidence that the turbine could be accommodated within the site without causing significant adverse environmental impact.

Proposed Conditions:

That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings 01, 02, 03, 1A1, 2A1, 3A1, DETAILS−1 DETAILS − 2, CRANE PAD, HAP01−ZTV, NAT.LAN.01, PMVO1.ZTV, Z.EU54.1250−Lifting Rev 01, CWTP.01REV1, CWTP.02 REV3, CZTV.01 REV1

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

2. That the development hereby shall subsist for a period of 20 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation shall be provided to the Planning Authority within 7 days of the electricity first being generated. Within six months of the end of the planning permission, unless a further planning application is submitted and approved, the wind turbine, ancillary equipment, access tracks and buildings shall be dismantled and afterremoved−care from the site and the land restored in accordance with a restoration and scheme to be submitted for the approval of the planning authority no later than 2 years prior to the expiry of the 20 year period.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 and to allow the planning authority to review the circumstances of the temporary permission, in the interests of the amenity of the area in the longer term, beyond the 20 year period covered by the permission.

3. That the operators shall at all times accord with the areas forming the subject of this consent in accordance with the approved plans and other supporting information, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development (including changes to the make, model or colour) without the prior written consent of the Planning Authority.

Reason: To clarify the drawings and information on which this approval of planning permission is founded in order that the Planning Authority can retain effective control.

4. That no symbols, signs or logos or other lettering, other than those required for health and safety shall be displayed on any part of the turbines nor any other building or structures without the written consent of the Planning Authority.

Reason: In the interests of the amenity of the area

That noise levels inclusive of any necessary tonal correction (in terms of ETSU−R−97) at any residential property existing at the date of this consent shall not exceed an external free field level LA90(10min) 35dB at any lOm height wind speed up to lOm/s at all times.

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

6. Amplitude modulation is the variation of aerodynamic noise at the rate at which the blades pass a given fixed point of their rotation. The operator shall submit a scheme, to be approved by the Planning Authority prior to the commencement of operation of the wind turbine, for the assessment and regulation of amplitude modulation effects. The approved scheme shall apply the methodology published by RenewableUK on 16th December 2013, including any revisions applied following review by the Institute of Acoustics, or other suitable methodology endorsed as good practice by the Institute of Acoustics. This scheme shall be used by the developer to assess any complaint received by the Planning Authority which relates to amplitude modulation and shall be used to regulate any identified effects.

Reason: In order to protect residential amenity. That prior to any works start on site a Construction Method Statement shall be submitted to and approved by the Planning Authority. The Construction Method Statement should cover:

• Detailed and scaled map to include the anticipated cable routeing, site storage compound (if applicable), and substation (if applicable), on site switch gear (if applicable) and equipment store (if applicable). Details of any change to the layout shall be submitted to and approved by the Planning Authority.

• postDetails−constructionof all on site construction, including drainage and pollution prevention, restoration works (including any temporary road removal). For the avoidance of doubt these works should accord with the latest SEPA Pollution Prevention Guidelines.

• A dust management plan during the construction period

• Thereafter 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, and to ensure the site is satisfactorily restored.

8. That the turbine shall be fitted with 25 candela omni−directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration at the highest practicable point unless otherwise agreed in writing with the Planning Authority in consultation with the MOD. Written confirmation that the lighting has been installed to the satisfaction of the MOD shall be submitted within 2 months of the turbines being operational.

Reason: In the interests of aviation safety.

9. That the turbine shall not be brought into operation until the applicant has demonstrated that they agreed with the Ministry of Defence the following information:

• Construction start and end date of the turbine • The position of the turbine tower in latitude and longitude • The height of the turbine in metres above ordnance datum and above ground level

Reason: In the interests of aviation safety.

10. That BEFORE the development hereby permitted starts, details of mitigation for potential ice throw shall be submitted to an approved in writing by the Planning Authority

Reason: In the interest of public safety

11. That prior to any works starting on site a Traffic Management Plan including proposed routing of vehicles, road upgrades or widening works and temporary removal of any street furniture shall be submitted and approved in writing by the Planning Authority and thereafter shall be implemented throughout the duration of construction works on site unless otherwise agreed in writing.

Reason: In the interests of road safety.

12. That before the turbine is erected on site, a survey of television signal reception (the scope of which to be agreed in advance with the Planning Authority) shall be submitted to the Planning Authority. Reason: To establish a baseline against which to assess the impact of the wind turbine on television reception.

13. That except as may otherwise be agreed in writing by the Planning Authority within one month of the approved wind turbine coming into operation a report covering the effect of the wind turbine on local television signal reception shall be submitted to the Planning Authority; thereafter any approved measures for overcoming television reception interference shall be brought into operation within two months of the reports submission to the Planning Authority unless otherwise agreed in writing with the Planning Authority. For the avoidance of doubt the report shall include measures to ensure public engagement.

Reason: In order to overcome any television reception interference caused by the wind turbine. Background Papers:

Consultation Responses:

The Coal Authority received 2nd November 2015 Scottish Environment Protection Agency received 21st October 2015 Traffic & Transportation 22nd February 2016 Atkins Global received 21st October 2015 Scottish Rights Of Way and Access Society received 5th November 2015 Transport Scotland received 291h October 2015 Health and Safety Executive received 9th December 2015 Scottish Gas Network received 22 n October 2015 Environmental Health (including Pollution Control) received 41h November 2015 Edinburgh Airport received on the 1st March 2016 Murray Cook (NLC Archaeology) received 2 November 2015 West Lothian Council received 20th November 2015 NLC Greenspace received 23rd November 2015 Landscape received 9th December 2015 Ministry Of Defence Estates received 17th November 2015 National Grid Plant Protection received 1 othDecember 2015 National Air Traffic Services (Safeguarding) received 22 n November 2015 Scottish Natural Heritage received 20th November 2015 Scottish Water not received Scottish Governments Directorate for the Built Environment received 21st October 2015 Glasgow Airport received 12th November 2015 Wind Farm Team received 22 ndOctober 2015 Cumbernauld Airport Ltd received 2nd December 2015

Contact Information:

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

Report Date:

29thMarch 2016 APPLICATION NO: 15/01944/FUL

REPORT

1. Site Description

1.1 The application site is located within agricultural land 583 metres west of Bogend Farm 1 km south of the A89, 1.8 km north of the M8 corridor and 1.5 km south west of Blackridge (West Lothian Council). The surrounding area comprises farmland with the Forrestburn Reservoir to the south west, commercial forestry to the south. The landscape is characterised by similar small farms in the surrounding area with the settlement of Harthill to the south east. Access to the site is proposed from Blairmuckhole and Forrestdyke Road via a new track formed through the field.

1.2 The nearest residential properties not associated with the proposed development and settlementapproximately:edge are−•

Bogend Farm approximately 563m • Blairmuckhole Farm approximately 1085m • Forrestburn Holding approximately 761m • Baads approx approxiamately747m • Mosshouse Farm approximately 1003m • Bridgeh ill approximately 911 m • Loch House approximately 874m • Treesbank Farm House approximately 1614m • Blairmuckhill Farm approximately 1352m • Knowehead Farm approximately 1077m

1.3 The nearby operational turbines within the 5km of the site comprise:

• 3 turbines (10/00973/FUL) 125m high at Torrance Farm Blairmuckhill Road, Harthill 2km south west of the site • 4 turbines, 2 at 47.5m high (11/00147/FUL) and 2 at 47.1mtres high (13/01820/FUL) at Blairmains Farm 2km south west of the site • 2 turbines 125m high (121002841FUL) at Netherton Farm 3.6km south east of the site • 1 78 metre high (1 1/00741/FUL) turbine at Wester Hassockrigg Farm 3km south west of the site

1.4 The nearby approved turbines within the 5km of the site comprise:

• 1 turbine 34.2 metres high at Knowehead Farm, 1km south east (1 1/01098/FUL) • 1 turbine 99.7 metres high at Nether Bracco Farm, 4.7km west (1 2/00277/FUL) • 8 wind turbines 132 metres high at West Benhar Wind Farm, 3km south (13/01 377/FUL) • 1 turbine 47.1 metres high at Hill of Harthill Farm, 1.5 km east (14/00232/FUL) • 1 turbine 34.4 metres high at Knowehead Farm, 1 km south east (14/00649/FUL) • 13 turbines 127 metre high turbine at land south of Stoneridge, 3.9 km north (1 0/0857/FUL)

1.5 The pending turbine applications pending within 5km of the site comprise:

• 4 turbines 125 metres high at site south of Airdrie Road 600 metres North West (15/01411 /F U L) 2. Proposed Development

2.1 Planning permission is sought for a wind turbine with ancillary works including, foundation pad, crane pad, floating access tracks, and substation compound. The total generating capacity of the turbine will be up to 500Kw with the proposed access from Blairmuckhole and Forrestdyke Road to the southern boundary of the site.

2.2 The applicant has indicated that the preferred turbine model would be the EWT DW52 with a maximum tip height of 78 metres, hub height of up to 50 metres and a rotor diameter of 54 metres.

2.3 The turbine would be designed with an operation life of 20 years and at the end of this period the developer would decommission the turbine at which time the infrastructure would be removed and the site reinstated.

3. Applicant's Supporting Information

3.1 A Supporting Statement was submitted outlining the proposed development. The submitted statement includes chapters on:

• Needs and Benefits • Access and Construction • Turbine Specifications • Policy Assessment • Wind Development in the Area • Economic Impact • Contribution to Energy Generation Targets • Amenity and Dwellings • Access and Development in the Countryside • Natural Heritage • Historic Environment • Area of Landscape Value • Radar • Telecommunications • Road Traffic

4. Site History

4.1 The application site was granted permission on the 4th October 2005 by virtue of planning application 05/00172/FUL for the erection of a dwellinghouse 'Forrestburn which is owned by the applicant. The proposed turbine would be erected 509 metres north of 'Forrestburn'.

5. Development Plan

5.1 The Glasgow and Clyde Valley Strategic Development Plan (SDP) is the relevant Strategic Development Plan. Potential Areas of Search are identified as the focus for investment in significant wind farm developments over 20MW.

5.2 The site is designated both as NBE 3B (Assessing Development in the Rural Investment Area) and EDI 2C2 Opencast Coal Extraction Search Area within the Adopted North Lanarkshire Local Plan. Policies DSP 4 Quality of Development and EDI 3A2 (Assessing Economic Development and Infrastructure Proposals) including Supplementary Planning Guidance 12 Assessing planning applications for wind turbine developments' are also relevant.

6. Consultations 6.1 The following consultees have no objection or comments to make on the proposed development; Scottish Government, Atkins, Scottish Gas Networks, JRC, National Air Traffic Services (NATS), Archaeology, OFCOM, The Scottish Rights of Way and Access Society, Ministry of Defence, Glasgow Airport, Cumbernauld Airport and Edinburgh Airport.

6.2 A summary of the comments from the remaining response are as follows:

Transport Scotland has no objection to the proposed development provided conditions are imposed ensuring the proposed route for any abnormal trunk road networks is approved by the trunk road authority and any measures required for the removal of street furniture, junction widening and any necessary traffic management temporary traffic control measures is similarly approved.

The Coal Authority confirm the proposed turbine would be sited outwith the defined Development High Risk Area and have no objection provided an informative note within the decision notice is included advising that the Coal Authority should be informed immediately on encountering any coal mining features during development.

Ill. NLC Environmental Health (including Pollution Control) comment that having revised the noise impact assessment they are satisfied with its conclusions. NLC Protective Service therefore has no objection to the proposed development in terms of noise impact subject to conditions ensuring suitable noise limits and amplitude modulation.

IV. NLC Greenspace have no objection to the location of the proposed turbine

V. West Lothian Council (WLC) comment that the turbine is approximately 1.4 km from the settlement boundary for Blackridge and 1.2km form a designated Area of Great Landscape (AGLV) and the emerging Special Landscape Area for the Blackridge Heights. Based on the three montages received showing the West Lothian locations WLC advise that the visualisation from the southern edge of Blackridge does not give a true illustration of the potential impact for residents of Blackridge; the views from Cairnpapple Scheduled Ancient Monument over 10k away would be negligible however the diagrammatic photomontage is indicative of the cumulative impacts of wind turbine / farm development in the vicinity and view shed of Blackridge and other communities nearby in West Lothian and that the proposed turbine along with the existing wind farm north of Blawhorn Moss National Nature Reserve increases wind energy development on view to the Heights. WLC advise that on the basis of the Cumulative Wind Turbine Plan at 5km plan that the full rotor and much of the mast is visible from the settlements of Blackridge, Armadale, Whitburn and Polkemmett Country Park. The proposal at close proximity to many interests and receptors in West Lothian reduces the area of wind free turbine free view shed. WLC is therefore concerned about the potential visual adverse impacts on West Lothian settlements', local landscape designation and Country Park.

VI. Ministry of Defence Estates confirm no objection subject to conditions relating to construction and lighting.

7. Representations

7.1 No letters of representation received

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. In this case the development plan is considered to be the Glasgow and Clyde Valley Strategic Development Plan 2012 and the North Lanarkshire Local Plan.

Glasgow and the Clyde Valley Strategic Development Plan 2012 (SDP)

8.2 The proposed turbine would have an energy output of less than 20MW and as such, it is considered that it raises no strategic issues and therefore the detailed assessment of the application can be carried out against the terms of the North Lanarkshire Local Plan.

North Lanarkshire Local Plan 2012

8.3 The application site is zoned as Policy NBE 3B (Assessing Development in the Rural Investment Area). This policy aims to protect the character of and promote appropriate development within these areas by restricting development to specific types. The associated Supplementary Planning Guidance 8 Assessing Development in the Rural Investment Area (SPG8) states that the generation of power from renewable sources is considered an acceptable type of development. The policy then lists impact criteria for assessing the acceptability of development. The development must comply with the undernoted criteria:

• Have a positive economic benefit • Minimise any adverse environmental impacts • Do not pose undue infrastructure implications • Have a specific locational need • Be of suitable scale and form for the location • Applications include a landscape assessment • Adherence to Scottish Planning Policy • Will not adversely affect the integrity of European Sites

8.4 The applicant has also provided detailed information in relation to the positive impacts of the turbine in terms of the reduction of carbon emissions and details of construction, decommissioning and reinstatement of the site.

8.5 The remaining criteria are best assessed through Policy EDI 3A2 (Assessing Economic Development and Infrastructure Proposals− Wind Farms) later in the report and it is noted that the ES includes an assessment of each of the points above.

8.6 The site is also zoned under Policy EDI 2C2 (Opencast Coal Extraction Search Area). The site is designated within an area of search for opencast coal which aims to satisfy market demands for minerals by directing proposals for construction materials and opencast coal to these areas. As this development would have a temporary lifespan of 20 years, it is considered that this development would not permanently sterilise any local coal or mineral supplies to the detriment of this policy.

8.7 ProposalsPolicy−WindEDI 3A2 (Assessing Economic Development and Infrastructure Farms) is relevant to this application and this policy states that the Council supports, in principle, wind energy proposals subject to these meeting the criteria contained in the associated Supplementary Planning Guidance Assessing Applications for Wind Turbine Developments (SPG12) relating to issues of scale, cumulative impacts, ecological impacts and restoration. The applicant has submitted a Planning Statement, Noise Report, Radar Check and an Ecology Report which provide a detailed assessment of a broad range of matters as detailed in paragraph 3.1 above. Taking account of the applicant's supporting information in these reports, a detailed assessment of the criteria contained within SPG12 is considered below.

8.8 Landscape, Visual and Cumulative Impact: The proposed wind turbine is located within Zone 1 of the Wind Farm Areas of Search Map in SPG12 (Assessing Planning Applications for Wind Turbine Developments) which indicates that this area has the greatest capacity for multiple and single wind turbines of all heights and as such, it is concluded that the proposal draws support in principle for a wind turbine of this scale (78 metres high to blade tip) at this location. It is acknowledged that there have been other turbines constructed within the local area at Blairmans Farm 2km south west of the site and at Knowehead Farm 1km to the south east. NLC Landscape notes that the proposed wind turbine would be sited within an area as suitable for accommodating any size of wind farm development (identified as Plateau Moorland landscape character type) but have also advised this area is now best suited to clusters of larger turbine instead of individual turbines. However on further consideration they confirm no objection to the application as views of the proposed turbine will mainly be from adjacent roads and will be fleeting in nature. NLC Landscape notes the comments received from West Lothian Council and although concur agreement with their concerns over cumulative impact of this additional turbine to the existing turbine arrays on the Blackridge, Armadale and Whitburn settlements and also Polkemmet Country Park they further state that this single turbine within an already well−developed windfarm landscape would not significantly add to the cumulative views already experienced by these settlements, the nearby area of Great Landscape Value (AGLV) and the emerging Blackridge Heights.

8.9 In terms of the visual impacts, the proposed wind turbine would be situated within agricultural land characterised by trees and hedgerows. The land is undulating and dips where the proposed turbine would be sited. The turbine would be on view from a vacant outbuilding which is approximately 449 metres south of the turbine and Forrestburn' a residential property 509 metres south of the turbine. Both buildings are owned by the applicant. There are also 5 other properties within 1 km of the proposed turbine site with the nearest being those south of the application site; Bogend Farm (563 metres), Baads (747 metres), Forrestburn Holding (761 metres), Loch House (874 metres), Bridgehill (911 metres). The West Lothian settlements (Blackridge, Armadale and Whitburn) are to the north and north east of the application site. However it is the proposed turbine at this location would be afforded significant screening by virtue of the undulating topography and the existing woodland to the south of the site. As mentioned above NLC Landscape note the turbine would be visible from these West Lothian settlements and that the area is now best suited to groupings of larger turbines they do also confirm the erection of this one proposed turbine would be viewed in context with the existing surrounding wind farm developments and therefore not have such a negative visual impact on surrounding dwellings and settlements that would merit refusal of the application. The 2013 Fortissat Ward Wind Energy Landscape Capacity Study report concluded that the application site has a low to medium potential capacity for a turbine of this scale. However the applicant has demonstrated the turbine can be accommodated without significant adverse visual impact on the rural landscape.

8.10 Protected Sites, Ecology and Ornithology The application site is located within 1 k of the Forrestburn Bog which is a Site of Importance for Nature Conservation (SINC). An Ecology report was received with the application and was assessed by NLC Greenspace and as mentioned above paragraph 6.5 have no objection to the proposal. Confirming the application site is ideally located within an area that has no significant ecological constraints.

8.11 Aviation, Radar and Telecommunication Interference: As mentioned above in paragraph 6.1 Glasgow Airport, Edinburgh Airport, NATS, CAA and the MOD have no objection to the application.

8.12 Hydrology and Geology: In terms of flood risk, the application site is not identified within an area of surface water or river flooding on the SEPA Flood Maps and SEPA have raised no objection in this regard. The applicant has submitted a Coal Mining Risk Assessment and the Coal Authority raise no objections subject to conditions relating to the submission of a further intrusive site investigation report. 8.13 Transport Route, Access Considerations and Infrastructure: Transport Scotland has no objection to the proposed development. NLC Transportation has no objection to the proposal subject to conditions requiring the submission of a Traffic Management Plan and required visibility splays at the access track, matters of which are recommended to be secured through appropriate planning conditions.

8.14 Cultural Heritage: NLC archaeology having reviewed the site and the information within the planning statement confirms that the proposal is unlikely to have significant adverse physical and visual impacts on the Scheduled monuments in the developments immediate environs.

8.15 Shadow Flicker: The Scottish Government Onshore Wind Farms factsheet indicates that shadow flicker should not be an issue where a separation distance of 10 rotor diameters is retained between the turbine and nearest dwelling. In this case the threshold for assessing shadow flicker is 540m and the nearest dwelling is located outwith this distance at 563 metres from the proposed turbine. The planning statement submitted by the applicant includes a chapter assessing shadow flicker and notes that having carried out a shadow flicker assessment, no significant shadow flicker effects are predicted from the proposed turbine. On this basis it is considered that none of the nearby residential properties would be affected by shadow flicker to an unacceptable degree and therefore the proposed turbine is acceptable in this regard.

8.16 Distance from Road, Ice Fall, Ice Throw and Malfunction: SPG12 recommends that any turbine is positioned at least 1.5 times of their overall tip height away from any road network. In this case, the turbine would require be at least 117 metres from the closest road to the south (Blairmuckhole and Forrestdyke Road) and this recommended distance from a road is adequately met (497 metres). There are no public footways or Core Paths in the vicinity of the application site. It should also be noted that Blairmuckhole and Forrestdyke Road to the south is a single width road with no footpath provision. In view of this, the potential risk to pedestrians from turbine malfunction would be minimal. It should also be considered that at times of most likely malfunction (high winds, severe weather conditions) the number of likely pedestrians will be low in any event. With regard to the issue of distance from footpaths from Ice Throw, given the distance to the public footways and the likely climatic conditions of the site it is considered highly unlikely that this would occur. As such it is not considered to be a significant concern in this instance.

Other Relevant NLLP Policies

8.17 Policy DSP's 1−3 Amount, Location and Impact of Development: The study carried out in the NLC Strategic Planning Study Technical Report TRINLC/05 − Wind Farm Search Area Review in support of the North Lanarkshire Local Plan shows this site as lying within Zone 2 which indicates that this area has capacity within North Lanarkshire for wind turbines of the scale proposed (58 metres high to blade tip). It is therefore considered that the proposal accords in principle with DSP1 and DSP2 subject to a thorough assessment against all other relevant criteria. In terms of DSP3 there are no infrastructure impacts which require to be addressed by legal agreement.

8.18 Policy DSP 4 (Quality of Development): This policy primarily provides criteria to assess and ensure a high quality of design within a development. Given the nature of this application it is considered that it is best assessed under the terms of EDI 3A2 above.

Other Material Considerations:

8.19 Scottish Planning Policy (SPP): provides guidance in relation to assessing planning applications for onshore wind proposals and advises proposals should always take account of spatial frameworks for wind farms where these are relevant. The application is considered to be broadly in line within the assessing criteria of the SPP. Consultations:

8.20 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 appropriate planning conditions.

Conclusions

9.1 The proposed development would accord with policies NBE3B, EDI 2C2 (including SPG 12) and DSP4 of the North Lanarkshire Local Plan and Scottish Planning Policy. It is considered that the information submitted with the planning application including the Supporting Statement has provided sufficient evidence that the turbine could be accommodated within the site without causing significant adverse environmental impact. Application No Proposed Development:

1 5/02272/FUL Change of Use From Field to Commercial Yard and Siting of Temporary Residential Accommodation (Part Retrospective)

Site Address:

Site West Of Old Mill Road Allanton

Date Registered:

23rd November 2015

Applicant: Agent:

Mr Mark Townsley Stanley Cook Old Mill Road 12 Beveridge Terrace Allanton Mossend Belishill

Application Level: Contrary to Development Plan:

Local Application No

Ward: Representations:

012 Fortissat No letters of representation received. Charles Cefferty, Thomas Cochrane, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development has been incorporated within the local area without significant detriment to the character and function of the surrounding countryside or the amenity of surrounding properties subject to conditions.

ProposedConditions:−That

the permission hereby granted is for a temporary period only and shall expire on the 20th April 2019.

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

2. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or any subsequent replacement legislation, no development shall take place within the curtilage of the application site, other than that which has been expressly authorised by the permission hereby approved or that which may be approved. Thereafter no extensions, free standing buildings or other development shall take place within the application site unless approval is obtained from the Planning Authority.

Reason: To ensure that any future development is carefully considered due to the countryside location.

3. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped approved as part of this permission.

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

4. That within ONE MONTH of the date of this permission, a scheme of tree and hedge planting along the north and eastern boundaries of the site shall be submitted to, and approved in writing by the Planning Authority, and it shall include details of the location, number, variety and size of trees and hedging plants to be planted.

Reason: To enable the Planning Authority to assess these aspects in the interests of the visual amenity of the area.

That the scheme of planting, approved under the terms of condition (4) above, shall be completed within the first planting season following the date of this permission, and any trees or hedging plants which die, are removed, damaged, or become diseased shall be replaced within the following year with others of a similar size and species.

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

6. That notwithstanding the terms of condition 3 above, no approval is given for any boundary treatment shown on the drawings hereby approved. No fences or walls shall be erected on the site without full details being submitted to and approved in writing by the Planning Authority and thereafter all walls and fences shall be erected in accordance with the approved details.

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

That notwithstanding the terms of condition 3 above the yard shall not extend any further towards the watercourse to the south west of the site unless otherwise agreed in writing by the Planning Authority.

Reason: To safeguard the adjacent watercourse.

That within ONE MONTH of this permission, or a timeframe otherwise agreed by the Planning Authority, a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: To ensure satisfactory vehicular access to the site.

9. That should 12 months or more elapse between the timing of the initial ecological surveys dated 22 n February 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.

10. That within ONE MONTH of this permission, or a timeframe otherwise agreed by the Planning Authority, the applicant must confirm in writing to the Planning Authority that the surface water and foul drainage arrangements are to the satisfaction of the Scottish Environmental Protection Agency (SEPA) and Scottish Water.

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

Background Papers:

Consultation Responses:

Memo from Protective Services received 8th December 2015 Email from Transportation received 27" January 2016 Memo from Greenspace received 4th April 2016

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632493

Report Date:

301h March 2016 APPLICATION NO. 15/02272/FUL

REPORT

1. Site Description

1.1 The site is an area of some 0.4 ha of hardstanding in a former field north of Allanton accessed off Old Mill Road. It is surrounded by fields on all sides and while the site itself is flat the surrounding area is generally undulating with raised levels around the eastern and western boundary.

2. Proposed Development

2.1 Planning permission is sought to regularise the use of this site as being a commercial yard area for the applicant who is described as being a member of the travelling community and carries out a range of commercial activities. The proposal also seeks retrospective planning permission for a temporary style 3 bedroom residential chalet with its own amenity space.

3. Applicant's Supporting Information

3.1 The agent describes the site as being in use by the travelling community for a number of years without any problems to the local community or Local Authority and declined to submit any business information but submitted an ecological constraints survey.

4. Site History

4.1 Unauthorised works were initially reported to the Planning Service in 20012. An enforcement notice has since been served on the site owner requiring the residential chalet and associated structures to be removed, the commercial operation ceased and site restored to its previous condition. This notice has been served to safeguard the Council's position in the event that the committee disagrees with the recommendation of this report i.e to prevent the development becoming lawful in planning terms through the passing of time alone.

5. Development Plan

5.1 The site is zoned as NBE 3B (Rural Investment Area) in the North Lanarkshire Local Plan 2012

6. Consultations

6.1 Transportation raised no objections subject to conditions relating to the surfacing of the access and for visibility to be achieved and maintained onto Old Mill Road.

6.2 Protective Services raised no objections.

6.3 Greenspace highlighted the potential for protected species in the vicinity however raised no objections to the findings of the survey. They raised a concern about water run−off from the site recommending further details of the SUDS and a buffer between the site and adjacent burn of 10 metres.

7. Representations

7.1 No letters of representation were received following the press advertisement.

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.

Development Plan

8.2 In the North Lanarkshire Local Plan (NLLP) the site is within an area covered by Policy NBE 3B (Rural Investment Areas). Policy DSP 4 (Quality of Development) and Supplementary Planning Guidance (SPG) 07 (Assessing Development in the Rural Investment Area) are also relevant.

8.3 Policy NBE 3B (Rural Investment Areas) requires proposals such as this to be assessed against the Green Belt criteria contained in policy NBE 3A (Green Belt). The policy and guidance restricts new dwellings to those with a locational need linked to agriculture, forestry or other rural uses unless exceptional circumstances exist. The policy and guidance lists relevant criteria as being environmental impact, scale, form, design and enhancement of natural heritage by respecting natural boundaries. Business uses can be acceptable subject to certain criteria being met.

8.4 Policy DSP 4 requires an appraisal of the existing character and features of the site and for developments to integrate successfully in terms of achieving a high quality of design avoiding any adverse impact on residential amenity and taking account of any transportation issues.

8.5 In terms of the requirements of Policy NBE 3A and SPG 07 the proposed development is not in conjunction with any of the business uses listed in the policy and no specific locational need has been given by the applicant or business details. In such circumstances it is not normally considered that an appropriate planning justification exists for the development that has been undertaken. However, it is noted that the applicant is part of the travelling community and seeks permission for a temporary style chalet only at this stage for security purposes. Since the business has been operating on site it is not considered to have resulted in a significant impact on the character of the surrounding countryside or the amenity of nearby residents given its nature and scale. Taking into account that the site is relatively enclosed within the landscape, is not prominent and can be suitably screened by additional landscaping without the need for permanent buildings the visual impact is not considered to be significant. In addition a survey has confirmed that there will be no harmful impact on any protected species in the vicinity and conditions are proposed to protect the adjacent burn. The impact of the development on the character and function of the RIA is considered to be acceptable subject to a temporary permission requiring the site to be restored to a field should the business cease to exist. In this instance the proposal reasonably accords with NBE 3B and SPG 07.

8.6 With respect to Policy DSP 4, the natural topography of the surrounding area is such that the site is relatively enclosed and not particularly prominent on the landscape. The scale and massing of the chalet is not significant and is of a pitched roof design with cream walls and grey roof. The proposed development is suitably remote not to raise any adverse issues in terms of its impact on the amenity of the nearest dwellinghouse. In terms of access and parking, as detailed above, Transportation have not objected to the proposal subject to conditions about visibility and surfacing of the access. Accordingly the proposal meets the criteria of DSP 4.

Consultations

8.7 In response to the request of Greenspace for a 10 metre buffer between the yard and adjacent watercourse the application is in retrospect, and, due to the winding nature of the burn, there is already areas of the yard within 10 metres of it. Conditions are however attached ensuring that it does not encroach any further towards the watercourse and also ensuring suitable drainage is in place. 9. Conclusions

9.1 In conclusion, it is considered that the development does not have a significantly detrimental impact on the character and amenity of the RIA in this instance or adversely impact on the residential amenity of neighbouring dwellings. Furthermore approval of such a development would not set an undesirable precedent for other similar development within the RIA given the particular circumstances in this instance. It is considered that this development may be justified against the relevant policies of the North Lanarkshire Local Plan therefore it is recommended that temporary planning permission be approved subject to the recommended conditions. Application No: Proposed Development:

15/02325/FUL Erection of 4 Houses

Site Address:

Site South Of Captains Walk Cleland Motherwell

Date Registered:

10th December 2015

Applicant: Agent:

Taylor Homes (Scotland) Limited David Findlay Eastcroft House TH−DM 25 Woodhall Road Eastcroft House Wishaw 25 Woodhall Road Cambusnethan

Application Level: Contrary to Development Plan:

Committee Yes

Ward: Representations:

019 No letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Given the previous use and current condition of the site, it is considered that the proposed dwellings could be incorporated without having a detrimental impact on the character and amenity of the site and surrounding Green Belt in this instance.

ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number; 15−045 AL (0)100, 15−045 AL (0)110 A, 13−045AL (4)100 A, 13−045 AL(3)100 A, 13−045 AL(2)100 A, 13−045 AL (1)100 A

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

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

Reason: To enable the Planning Authority to consider these aspects in detail and in order that the development is in keeping with the surrounding area.

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

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

4. That BEFORE any of the dwellings hereby permitted are occupied, the fences/ walls, gates or entrance control features as approved under the terms of Condition (3) above, shall be completed to the satisfaction of the Planning Authority.

Reason: To safeguard the residential amenity of the area.

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

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

6. That any remediation works identified by the site investigation report required in terms of Condition (5) above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the houses hereby approved. Before any of the dwellinghouses are occupied a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

7. 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.

8. That before each of the dwellings hereby permitted are occupied the associated driveway/in curtilage parking shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking areas.

Reason: To ensure adequate access and parking arrangements to serve the site.

9. That should 6 months or more elapse between the timing of the initial ecological surveys dated March 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, badgers and otter, 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.

Background Papers:

Consultation Responses:

Email from Transportation received 27th January 2016 Memo from Protective Services received 6 January 2016 Letter from Scottish Water received 14m December 2016 Letter from The Coal Authority received 24th December 2015 Memo from Greenspace received 4th April 2016

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632493

Report Date:

22' March 2016 APPLICATION NO. 15/02325/FUL

REPORT

1. Site Description

1.1 The site is a rectangular shaped yard area of some 0.3 ha on the edge of Cleland with access off North and South Road. The site is surfaced in gravel and contains a number of derelict outbuildings previously used as a stables and horse training area with levels dropping gently from north to south.

2. Proposed Development

2.1 Permission is sought for a residential development of four detached dwellinghouses to be accessed off the existing cul de sac on Captain's Walk with their own dedicated open space and parking. The design, scale and massing is similar to those in the adjacent development.

3. Applicant's Supporting Information

3.1 A protected species survey and coal report was submitted in support of the application.

4. Site History

4.1 The stables and horse training area was approved in 2002 (reference: 02/00612/FUL) and an application for dwellinghouse withdrawn in 2008 (reference: 04/00903/FUL).

5. Development Plan

5.1 The site is zoned as NBE 3A (Green Belt) in the North Lanarkshire Local Plan 2012.

6. Consultations

6.1 Protective Services raised no objections subject to a site investigation.

6.2 Transportation raised no objections.

6.3 The Coal Authority raised no objections.

6.4 Greenspace highlighted the potential for protected species in the vicinity but upon receipt of a report from an ecologist concluding that there would not be any affected they raised no objections to subject to a condition that a landscaped buffer be provided between the development and a SINC to the east of the site.

7. Representations

7.1 One letter of representation was received from a local business following the neighbour notification and press advertisement. A concern is raised about the length of time that a nearby development has taken and disruption and drainage problems associated with the construction process.

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.

Development Plan 8.2 In the North Lanarkshire Local Plan (NLLP) the site is within an area covered by Policy NBE 3A (Assessing Development in the Green Belt). Policy DSP 4 (Quality of Development) and SPG 07 Assessing Development in the Green Belt are also relevant.

8.3 Policy NBE 3A and SPG 7 restrict new dwellings to those with a locational need linked to agriculture, forestry or other rural uses unless exceptional circumstances exist. The policy and guidance lists relevant criteria as being environmental impact, scale, form, design and enhancement of natural heritage by respecting natural boundaries. The site that forms part of this application is on the edge of Cleland adjacent to a housing development which the proposal seeks to extend and has historically been used for commercial purposes. It is an area of hard surface that is floodlit with a number of derelict outbuildings that do little to contribute to the wider area. In the circumstances, the change away from commercial to residential would bring back into use a vacant commercial site rather than result in the loss of any prime green belt land. As such, the proposal is considered to be an acceptable departure from NBE 3A and SPG 07 subject to further assessment against DSP4.

8.4 Policy DSP 4 requires an appraisal of the existing character and features of the site and for developments to integrate successfully in terms of achieving a high quality of design avoiding any adverse impact on residential amenity and taking account of any transportation issues. As detailed above the site does not contain any landscape features that require to be safeguarded and the extension of the residential development can enhance the site which has deteriorated over the years. In addition a report submitted has confirmed that there would be no impact on protected species in the vicinity which Greenspace has not objected to. The proposal has been designed in such a way that does not raise any adverse overshadowing meeting minimum window to window distances. The design of the housing continues the street pattern already established and is in keeping with the completed housing and the impact on the streetscene is therefore considered to be acceptable. A condition is attached ensuring the materials complement those on the nearest properties. Accordingly, the proposal accords with DSP 4.

Representation

8.5 In response to the points raised, the potential time taken to complete a development along with any disturbance and drainage associated with the construction process are not material planning considerations.

Consultation

8.6 In relation to the request of Greenspace for the developer to provide a landscaped buffer between the development and the SINC to the east, there is a gap of some 15 metres from the edge of the site to the SINC. It is not therefore considered to be appropriate to impose such a condition in the circumstances.

9. Conclusions

9.1 In conclusion, it is considered that the proposed development would not have a detrimental impact on the character and amenity of the Green Belt in this instance or adversely impact on the residential amenity of neighbouring dwellings. Furthermore approval of such a development would not set an undesirable precedent for other similar development within the green belt given the particular circumstances in this instance. It is considered that this development may be justified against policies NBE 3A, DSP 4 and SPG 07 of the North Lanarkshire Local Plan. Therefore, it is recommended that planning permission be approved subject to the recommended conditions. Application No: Proposed Development:

15/02499/MSC Residential Development Comprising 220 Houses with Associated Works Including Access Roads and a Neighbourhood Hub Incorporating a Doctors Surgery and Pharmacy

Site Address:

Site North Of Easifield Road Carrickstone Cumbernauld North Lanarkshire

Date Registered:

Applicant: Agent: CALA Management/Bellway Homes N/A Cairnlee House Callendar Business Park Callendar Road Falkirk FK1 1XE

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North 12 letters of representation received. Balwant Singh Chadha, Alan Masterton, Barry McCulloch, Alan O'Brien,

Recommendation: Approve subject to conditions.

Reasoned Justification:

The proposed residential development complies with the principle policy of the adopted Local Plan. In terms of design it is considered that the development would integrate satisfactorily with the surrounding area and not result in significant adverse impact on established residential amenity.

ProposedConditions:−That

the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings approved include, 15034−001, 15034−002, 15049−100−101 to196−PD15049−007, −100−103, 15049/500/100, 196−PD−001 to 196−PD−001 to 196−PD−005, 52.129.01A, 15034−004, 15034−005 and 196−PD−002.

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

That BEFORE the development hereby permitted starts, samples 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 and in the interest of visual amenity.

3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt this shall include details of treatment along the northern boundary with Dullutar Golf course to be agreed in writing with the Planning Authority.

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

4. That any remediation works identified by the site investigation submitted Mason Evans Report on site investigations December 2015 shall be carried out. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority prior to the completion of the development, 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 before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

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 CIRIA 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 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.

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 any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) A tree survey detailing the existing trees on site indicating which are to be removed and which will be retained. (For the avoidance of doubt trees removed shall be replaced on site with trees of the same species and of appropriate age and girth.) (c) Details of trees protection measures across the site. For the avoidance of doubt this shall include protection measures for trees along the boundary of the site. (d) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (e) 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 enable the Planning Authority to consider these aspects in detail, to ensure high quality visual amenity.

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 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.

10. That before the development hereby permitted starts; tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the woodland trees along the site boundary and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the existing tree cover.

11. That BEFOREof:−developmentthe hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection

(a) the proposed footpaths; (b) the proposed parking areas; (c) the proposed external lighting; (d) the proposed grassed, planted and landscaped areas; (e) the proposed fences.

Reason: To ensure the implementation 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 11 shall be in operation.

Reason: In the interests of visual amenity. 13. That given the timing of the initial ecological survey Ecos Countryside Services LLP 3' July 2015, prior to development commencing, a further updated 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 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.

14. That before works commence on site, details of a site entrance feature shall be submitted to and approved by the Planning Authority and shall thereafter be constructed before the first dwellinghouse hereby permitted becomes occupied.

Reason: In order that the Planning Authority can consider the design and layout in detail.

15. That unless otherwise agreed with the Planning Authority and BEFORE any works start on site full details of the traffic signal arrangement on Eastfield Road including phasing timetable for the implementation of the signal arrangement, shall be submitted to the Planning Authority for its written approval.

Reason: To consider these aspects in detail and ensure that safe pedestrian access is maintained to the connecting footpath link around the site access.

16. That BEFORE completion of the 10th Dwelling within development hereby permitted, the traffic signal arrangement on Eastfield Road approved under the terms of condition 15 shall be in operation.

Reason: In the interests of Road Safety.

17. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and the provisions of Class 2, class 10 and Class 1; of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the community hub; unless otherwise agreed shall be used as a

• Doctor/ dentist surgery (Class 2) • Childcare (Class 10) • Local convenience retail (Class 1) • Office/ other professional service space ( Class 2)

Reason: To define the permission.

18. That before the community hub building, condition 17, hereby permitted is first occupied; full details of the design, installation and operation of any air conditioning/ventilation or other plant and an assessment of its noise impact shall be submitted to the Planning Authority for its written approval. For the avoidance of doubt the applicant will require to demonstrate that the plant (with appropriate noise attenuation measures in place) shall 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 (NRC) 35 between 07.00 hours and 20.00 hours and N.R.0 25 at all other times. Reason: In the interest of residential amenity.

19. That BEFORE the development hereby permitted starts, a scheme for the provision of play/recreational areas within the site as indicated on the approved plans, shall be include:submitted−(a) to, and approved in writing by the Planning Authority, and this shall Details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play area(s), including the location and type of safety surface to be installed; (c) details of the fences, gates and animal grids to be provided around the play area(s).

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

20. That unless otherwise agreed with the Planning Authority, before the development hereby permitted starts, details confirming an acceptable positioning of the bus stops (on Eastfield Road) shall be submitted to the Planning Authority for approval following consultation with Strathclyde Passenger Transport and Police Scotland. Thereafter the developer shall construct bus stops and accompanying footway arrangement before any works start on the final house within the development.

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

21. That operations authorised by this consent including Heavy Goods Vehicles entering or leaving the site, shall be restricted to the following specified times; with the exception ofplace;−publicMonday holidays when no working shall take

to Friday: 8am to 7pm Saturday to Sunday: 8am to 1 p

Reason: To safeguard the amenity of neighbouring residents. Background Papers:

Consultation Responses:

Scottish Environment Protection Agency letter received 14th January 2016 Traffic & Transportation memorandum received 91h March 2016 Scottish Gas Network letter received 2'February 2016. Learning and leisure services Memorandum received 13th January* 2016 NLC Greenspace (ecology) memorandum received 10th March 2016 NLC Pollution Control memorandum received 23rd March 2016 The Coal Authority letter received 14th January 2016 Strathclyde Passenger Transport letter received 14th March 2016

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632524

Report Date:

24th March 2016 APPLICATION NO. 15/02499/MSC

REPORT

Site Description

1.1 The application site lies to the north of the M80 within the Carrickstone district, Cumbernauld, predominantly a residential area. The application site which measures approximately 13 hectares (32.1 acres) currently comprises of fields which are planted on three sides by mature tree lines framing the site with mature planting, with an open aspect to the north facing Dullutar Golf course and the hills beyond. The site is bound on the west by the residential areas of Ratho Drive including a care home, on the east by Dullatur Road and to the south by Eastfield Road. Eastfield Road eventually after 2 kilometres, leading east to the M80 (Junction 6) connects the site to the motorway network.

2. Proposed Development

2.1 This application seeks to address matters specified by planning condition (MSC) following planning permission in principle for the construction of a residential development (incorporating a community hub with associated access and ancillary works covering 0.5 acres of the overall site). The applicant has submitted a detailed site layout demonstrating 220 residential units and associated infrastructure including, landscape design and internal road and footway layout with vehicular access and junction arrangement with Eastfield Road to the south west of the site via an existing roundabout with a second access to the east on to Dullatur Road.

2.2 The site will be split north south between two house builders, Cala Homes to the North and Bellway to the south. House types are a mix of detached, semi detached and terraced, all two storeys, ranging from 3 to 5 bedrooms.

Cala Homes schedule and materials include the following:

• (23) 4 bedroom detached. • (48) 5 bedroom detached.

Materials include Anthracite and dark red roof tiles and white or beige dry render rough cast.

Beltways' schedule and materials include the following:

• (89) 4 bedroom detached. • (6) 5 bedroom detached. • (24) 3 bedroom detached. • (22) 3 bedroom semi detached. • (8) 3 bedroom terraced.

Materials include grey and dark red roof tiles and concrete panels (brown) and white or cream rendered panels.

2.3 The applicant also proposes a community medical hub which makes provision for potential use class types.

• Doctor/ dentist surgery (Class 2) • Pharmacy (class 2).

The community hub will be located near the Eastfield road access, to the south west of the site and will have dedicated parking court. The building will be single storey with dual pitch roof with materials consisting of timber, glass, stone cladding and concrete roof tiles. It will have a built footprint of 304.5 meters square and have a height of 15 metres to the apex of the roof.

3. Applicant's Supporting Information

3.1 The applicant has submitted an access and design statement which includes sections on landscape design, access and layout, drainage and proposed layout assessment, as well as the following documents in support of their application:

• Protected Species Survey • Mining and Coal Report • Site investigation Report • Ground Condition Report • Archaeology Report • Drainage Impact Assessment • Street Engineering Review (SER)

4. Site History

4.1 The following applications are relevant to the planning history of the site:

o 12/00590/PPP Residential Development and Associated Works Including the Formation of an Access Road and a 'Neighbourhood Hub' incorporating a Community Facility and other Ancillary Uses (In Principle). Approved 15th September 2015.

5. Development Plan

5.1 The site is covered by Policy HCF2 Al (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan.

6. Consultations

6.1 A summary of the comments received from the consultees is as follows:

• Scottish Environment Protection Agency (SEPA) has no objection to the application and provided advice on foul and surface water drainage.

• Traffic & Transportation while not objecting to the application requested further detail in modifying the site layout, which the applicants duly submitted.

• Archaeology, the archaeologist working on behalf of North Lanarkshire council confirmed that following investigative archaeological works on site the eminent of the planning condition attached to the principle permission has been met.

• Scottish Gas Network provided an extract of their record showing their apparatus in the area around the site.

• Leisure and Learning Service (Education) reconfirmed their position established following approval at the principle stage, that the anticipated pupil yield from this proposed development can be absorbed within the existing education provision in the area. This Service has no objection to the development.

• Greenspace service (ecology) following the submission of an updated ecological survey Greenspace service has no objection to the development subject to recommendations.

• Strathclyde Passenger Transport (SPT) recommends the submission of detail confirming the position of bus stops on Eastheld Road.

Pollution Control have no objection to the proposal and commented that they are currently considering site investigation reports submitted by the applicant

• The Coal Authority confirmed satisfaction with the broad conclusions of the coal mining risk assessment. Accordingly the Coal Authority does not object.

7. Representations

7.1 Following the carrying out of the neighbour notification process and an advert in the local press 12 letters of representation were received including one from Councillor McCulloch. All representation may be summarised as follows:

i. There will be an adverse impact traffic flow to the wider network following completion of the development. This will include an impact on the commuter hub, park and ride at Croy station where there is already a deficiency in parking spaces. ii. The current drainage system may not be sufficient in coping with foul and surface water. There potential that the site catchment will displace water to the neighbouring golf course. iii. Trees currently providing high amenity boundary treatment around the site and should be retained. iv. The developer should ensure that there is available electrical power infrastructure. V. Schools in the area are running at capacity and additional dwellings are likely to create an issue with ongoing provision. vi. There is no sustainable arrangement for the future maintenance of shared public amenity spaces beyond a private factoring agreement, an approach which is failing elsewhere in North Lanarkshire. vii. Bus services have reduced along the Eastheld Road route further adding to traffic congestion. viii. The development will have an adverse impact on the ecology of the site. ix. The proximity of the new site access opposite Ratho Drive to the entrance of Ratho Drive will result in vehicle conflict. X. Measures should be put in place to prevent access to the neighbouring golf course from the site. xi. Will there be sufficient medical personnel available to staff the facility. xii. Will the development impact on potential site archaeology. xiii. The neighbouring residential home requested clarification on how the development will affect existing public footways, roads, services and what would be the impact from operating times of the site and construction noise.

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 site forms part of the housing land supply within the adopted local plan, as such, the Glasgow and Clyde Valley Strategic Development Plan is not considered and in turn this application is not considered of strategic nature. The application can therefore be assessed in terms of the local plan policies. Development Plan: North Lanarkshire local plan

The principle policy covering this site is HCF2A (Promoting Housing Development and Community Facilities) sites for short term Housing forming part of the Councils land supply listed in schedule HCF2A1 and by virtue of recent planning permission (12/00590/PPP) it is considered that the application complies with the principle policy.

8.2 The proposed development is also assessed against Development Strategy Policies. In considering Policies DSP1 & DSP2 by virtue of planning permission in principle being established the proposal is considered in accordance with these development strategy policies. Similarly DSP3 requiring a developer contribution for additional education infrastructure provision, as a result of the proposal, has been determined by virtue of a Section 75 legal agreement attached to the planning permission in principle recently approved.

Policy DSP 4 Quality of Development considers more development site specific impacts, and provides a range of assessment criteria set out below, requiring development proposals to be permitted only where high standards of site planning and sustainable design are achieved. The following paragraphs assess the proposal against the list of detailed criteria.

In considering part 1 ground stability, the previous application approving the development in principle in 2015 confirmed that the Coal Authority was satisfied with the broad conclusions of the submitted Mining Instability Investigation Report (which were informed by the site investigation works undertaken at the application site) and confirmed that coal mining legacy issues are not likely to be significant and therefore unlikely to pose a risk to the proposed development. As such, no specific mitigation measures are required as part of this development proposal to address coal mining legacy issues. It is considered that the recommendation remains relevant, being confirmed following further consultation with the Coal Authority in this application.

In terms of part 2 of the policy the applicant has submitted an ecology habitat survey and it is considered that wildlife interests have been considered and where relevant safeguarded As the survey was carried out in July 2015 it is recommended, by planning condition, that the applicant carry out a further habitat survey given the passage of time since submission of the origional survey. In safeguarding potential archaeology interests (continuing on from the principle permission) a survey for potential archaeology was secured by planning condition requiring archaeology surveys prior to construction works commencing on site. The archaeologist working on behalf of North Lanarkshire council confirmed that following investigative archaeological works on site the eminent of the planning condition attached to the principle permission has been met.

8.3. Part 3(a) of the policy considers siting, overall layout, density, form, scale, height, massing, proportion, detailing, colour, materials and landscaped space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. For the purposes of this report parts 3(a) and (f) have been considered together as they are so closely linked in terms of the overall assessment.

8.4. The siting of the development at this location is considered appropriate infilling this section of land in the ongoing development Carrickstone and in retaining much of the boundary structure planting around the site the impact of the development, in what is an urban residential area, is considered acceptable having a development density of 8.4 units per acre over a net developable area of 26 acres. The overall layout has considered both street structure and layout in creating a sense of place and is generally considered to comply with Scottish Government Policy on design. The applicant proposes standard 2 storey detached and semi detached house types which are generally considered acceptable in design and detail. The applicant proposes a range of materials for external finishes dependent on the house type including roof tiles (black, red), facing brick (buff) white/grey rendered panels grey or , or white rough cast render incorporating brown stonework (where indicated) in the detailing. While these materials are generally accepted a planning condition requiring samples of proposed materials is recommend prior to works commencing should the members be minded to approve the application. Similarly the applicant has indicated the position of a range of boundary fencing and treatment not least as the northern boundary is shared with a golf course where boundary treatment should strike a balance between residential amenity and the needs of the members using this facility. As such, further detail on the form of this element of boundary treatment is recommended as the subject of a planning condition should the members be minded to approve the application.

8.5. The windows are generally positioned and designed to maximise solar gain and provide passive surveillance to the street and communal landscaped areas, arranged around green spaces. The inter−building spacing, building arrangement and orientation ensures that there is no loss of residential amenity in terms of privacy, overlooking or loss of sunlight /day light within the site. Similarly the retention and protection of structure planting on the boundary which is the subject of a planning condition, intervening roads and distances ensure that there is no loss of amenity to existing properties beyond the site boundary. Given the foregoing it is therefore considered that design and layout of the development is acceptable and satisfactorily integrates with the surrounding area.

8.6. The proposed 2 storey dwellings do not represent a significant departure in design and house type from existing dwellings constructed in the wider environs. As such, the proposal while resulting in the loss of a green field will not have a significant impact on existing townscape and may be seen as positive in the context of the wider significant ongoing development of this part of Cumbernauld. It is also acknowledged that the overall build footprint within the site is acceptable.

8.7. In considering open space, the document Developer's Guide to Open Space minimum space around dwellings guidance requires that gardens are of an acceptable dimension. It is acknowledged that the layout accommodates a reasonable level of garden ground which will be enhanced by areas of communal landscaping. It is recommended that the maintenance of these landscape features is the subject of a planning condition requiring a management and maintenance scheme. This guide also considers active play and states that developments of this scale require the provision of equipped play space. A condition is recommended to address the detail of this element should the members approve the application. A planning condition requiring the details of the site entrance feature has also been carried forward from the principle application.

8.8. In considering part 3(b) of the policy which was considered against the Transport Assessment submitted at the principle stage and found to be acceptable for a proposal in access of 220 dwellings, looks at whether the proposal provides a safe inclusive convenient and welcoming development which has attractive pedestrian links, integrates with public transport, wider links and assesses the access for cars and appropriate car parking. Following detail submitted with this application it is considered that the proposal complies with this part of the policy by virtue of the approved Transport Assessment at the principle stage and by virtue of its continuing setting and compliance with current standards. Generally, the layout has considered designing streets, where appropriate, notwithstanding the constraints of the site and connectivity which is largely driven by existing street structure. Notably, the absence of continuous footways predominating much of Eastfield Road has resulted in a network tending towards the segregation of pedestrians and vehicles along frontages on Eastfield Road which is otherwise characterised by high amenity structure planting. This has resulted in pedestrian Links between neighbouring estates and bus stops being provided where roundabouts punctuate this main ring road. Retrofitting the proposed layout into the existing morphology is important in considering current guidance (designing streets) however in considering transportations recommendation of providing a footway along the entire frontage of the site it should be noted that while there is an opportunity to resist the urbanising effect that would bring through the removal of some high amenity mature boundary planting (a feature of this area) it was considered against the connectivity of adjacent sites to this and the proposed community hub and concluded that the site should be connected along the frontage of Easifield Road. As such, the applicant subsequently revised the layout and engineering review which are considered acceptable. Notwithstanding further comments from Transportation on the Street Engineering Review (SER), on balance the applicant has considered and where appropriate followed the principles of Designing streets in terms of street layout considering access and Junction arrangements on to Eastfield Road and introducing a number of design features through the development. In terms of street detail outlined in the applicant's submission, conditions are recommended in order to realise both drainage requirements and surface materials detail.

8.9. The principle application also identified the need for additional infrastructure and given that there has been no material change in circumstance in requiring this additional infrastructure since approving application (12/00590/PPP) it is recommended that this application continues to be subject to condition which ensures that the applicant provides the full details of the traffic signal arrangement on Eastfield Road, together with details of footway to the site including phasing access , a timetable for the implementation of the signal arrangement relating to these works arising from the proposed development.

8.10. Strathclyde passenger Transport recommends the introduction of bus stops on Eastheld Road adjacent to the development site. A condition is therefore recommended requesting this detail should the members be minded to approve the application.

8.11. In considering Part 3(d) of the policy mitigating potential pollution impacts. It is acknowledged that there will be noise associated with construction works; however, this impact will be temporary in nature with the completed development constituting of everyday noise associated with any residential development. The applicant submitted a site investigation report in order to consider potential ground contamination which following consultation with Pollution Control resultant recommendations were proposed in terms of remediation which have been carried forward as a planning condition should the members be minded to approve this application. Given the more commercial nature of the community hub and potential for noise emanating from air conditioning ventilation or plant, a condition controlling potential noise levels from this source is recommended in order to protect the residential amenity of adjacent dwellings. It is considered that the proposal complies with this part of the policy.

8.12. Part 3(e) the applicant intends to connect the drainage system to Scottish Waters infrastructure via a sustainable urban treatment train. Details of these drainage arrangements and an initial drainage strategy have been submitted and the principle of this strategy is considered acceptable The previous permission established that the development does not present a flood risk and there is no reason to suggest that this does not remain the position. A condition shall be placed on the consent requiring the implementation of the scheme to be agreed with Scottish Water, and signed off by a chartered engineer as complying with SEPA's guidance on suds, on completion of drainage works. As such the proposal complies with Part 3(e) Protecting Water bodies and SUDS/Drainage.

8.13. It is considered whether adequate provision has been made for the development in line with current Council Policy and maintenance of landscaped open space areas a planning condition is recommended seeking the detail of landscape maintenance.

8.14. Given the foregoing, the design and layout is considered to accord with policies HCF2A and satisfies the terms of policy DSP 4 in the North Lanarkshire Local Plan.

8.15 Consultees: Pollution control requested the submission of an air quality impact assessment. This matter was not raised at the principle stage (indicative layout of 300 dwellings) or indeed considered necessary. Subsequently this recommendation has not been carried forward by planning condition thereby leaving no matters specified to be discharged on this matter.

8.15. Notwithstanding, matters raised above in consultation responses, suitable planning conditions in relation to the following, boundary treatment, soft and hard landscaping, Scottish Water approval and drainage certification, boundary treatment and potential remediation identified by the site investigation are recommended should the members be minded to approve the application.

8.16. Representation: The following comments are made in respect of the issues raised in letters of representation:

Following approval of the planning application in principle which included a traffic impact assessment based on 300 units for this site, Transportation had no objections to the proposal subject to condition which ensures that the applicant provides the required off−site road works on Eastfield Road controlling traffic generation arising from the proposed development. It is considered that this mitigation continues to be acceptable. In considering whether Croy Station requires additional parking in the future, Transportation raised no objection to the current parking arrangements.

The applicant has submitted a drainage strategy and a planning condition is recommended to ensure the submission of a detailed SUDS drainage scheme which thereafter should be certified by a chartered drainage engineer as acceptable and implemented in accordance with the approved design. Similarly, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water.

iii. The trees shown on the approved plan indicate the current tree belt being retained.

iv. Applicants do not require the approval of the planning authority in order to undertake infrastructure arrangements with energy suppliers.

v. The appropriate financial contribution to Learning and Leisure via a Section 75 Legal Agreement was finalised at the principle stage of the planning process. The introduction of this legal agreement provides the funding and framework to enable the provision of additional education infrastructure to be progressed by Learning and Leisure Services.

vi. The use of private factoring agreements has been used elsewhere within North Lanarkshire on a number of developments and is a model accepted and supported by current policy. The applicant has expressed a preference to continue with this arrangement in the absence of any formal policy change proposed by the Council in the immediate future.

vii. While the provision of infrastructure in supporting public transport provision may be a material consideration it should be noted that the planning system does not control public transport operations.

viii. Following the submission of an ecology survey it was concluded that in following Greenspace service's observations on the submitted report there is no objection to the proposal subject to recommendations. ix. Transportation has no objection to the proposed location of the site access on Dullutar Road.

x. It is acknowledged that a degree of separation is required. In order to balence residential amenity against the concerns of the neighbouring golf course a planning condition is recommended in achieving the most appropriate boundary solution.

xi. Provision has been made for the siting of the medical facility. Whether there is sufficient staff to operate the facility is a matter for health care providers following the applicant marketing the facility.

xii. The site has been the subject of extensive Archaeological investigation resulting from the planning permission in principle. As a result no further work is required in that the archaeological eminent of the planning condition has been met.

xiii. In responding to the comments from the residential home the following should be noted.

• There are no adopted footways within the site (red line boundary) and the proposals should therefore have no impact on the public footpath network. It is understood that inconsiderate behaviour may result in footway obstructions from time to time; however, our experience is that such events may be quickly resolved.

As above, there is no reason to suggest that the proposal will impact disproportionately on the public road or services given the provisions of a road construction consent which if planning permission is approved will follow.

Noise during construction is not ordinarily the subject of planning controls as this is covered by wider environmental legislation. As such, were there has been a breach of statutory noise levels the Councils Pollution Control Section will normally take the lead in investigating and resolving complaints. The same can be said of site operating times. Generally that Service would restrict construction works to the following:

Monday to Friday: 8am to 7pm Saturday: 8am to 1pm Sundays and Public Holidays: No noise producing works

9. Conclusions

9.1 Taking the above assessment into account it is considered that the detailed design and layout of the proposal represents an acceptable development in terms of design creating a sense of place and identity and is welcomed as the ongoing development of the wider area. It is considered that the development accords with the provisions of the adopted North Lanarkshire Local Plan. It is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

1 5/02644/FUL Erection of 5 Houses

Site Address:

Croy Nursery School McSparran Road Croy G65 9HN

Date Registered:

12th January 2016

Applicant: Agent: C M Builders Campbell Woods 6 Constarry Road Ross Woods Croy 54 Berkeley Street Glasgow Glasgow G65 9HF G3 7DS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth 9 letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The design, scale, materials and positioning of the proposed 5 houses are considered to be acceptable and will not impact negatively on the character or amenity of the surrounding area and is therefore considered to be acceptable. In this respect the proposal complies with the adopted North Lanarkshire Local Plan.

Note to Committee

If granted the planning permission will not be issued until a legal agreement for the Affordable Housing Agreement contribution is agreed and has been concluded with the developer.

ProposedConditions:−That,

except for the requirements of conditions below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− 001, P003, P004 and P022.

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, including any modifications as may be required.

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

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

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

4. That BEFORE any of the development hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of Condition 3 above, shall be erected.

Reason: To ensure the provision of adequate boundary treatment.

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 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) 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 enable the Planning Authority to consider these aspects.

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

Reason: In the interests of amenity.

7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuingof:−(a) care, maintenance and protection the proposed footpaths detailed on the approved plans; (b) the proposed parking areas detailed on the approved plans; (c) the proposed grassed, planted and landscaped areas detailed on the approved plans; (d) the proposed fences to be erected along the boundaries detailed on the approved plans. Reason: To enable the Planning Authority to consider these aspects.

8. That before the occupation of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 7 shall be in operation.

Reason: In the interests of amenity.

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

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

10. That for the avoidance of doubt, any remediation works identified by the site investigation required in terms of Condition 9 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.

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

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

12. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 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.

13. That notwithstanding the requirements of condition I above BEFORE the development hereby permitted starts, full details of a scheme of the design, location and construction of the proposed vehicular and pedestrian accesses, shall be submitted to, and approved in writing by the Planning Authority, and it shall include the following unless otherwisewriting:−(a) agreed in The existing road is on a gradient as such any boundary walls/fencing will reduce driveway exit visibility and shall not exceed 1.05 m high to allow vehicles to have clear sightlines. (b) Any gates erected shall open inwards (Not onto live carriageway traffic). (c) Vehicle access to residential premises to be via dropped kerb vehicular access and be a maximum of 5 m wide. (d) The first 2 m of driveways to be bound /paved (not loose) materials. (e) Driveway gradient shall not exceed 10% gradient. (f) Plot 5 shall have a vehicle access at 90 degree angle to the road. (g) Provision for drainage shall be designed to avoid any water running onto public road. Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

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

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

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

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

Background Papers:

Consultation Responses: Memo from Traffic & Transportation received on 9th March 2016 Memo from Protective Services received on 20" January 2016 Memo from Housing & Social Works Services received on 8th March 2016

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632508

Report Date: 14 March 2016 APPLICATION NO. 15/02644!FUL

REPORT

1. Site Description

1.1 The application site is approximately 0.151 ha and located at Hillside, Croy. The applicant site was previously occupied by Croy Nursery which have since been demolished. The site is bounded by residential properties to the north, south and west, while to the northwest is an area of open space. The topography of the application site falls from north to south.

Proposed Development

2.1 Full planning permission is being sought for construction of 5 houses. The proposal will take the form of one detached bungalow and two sets of semi−detached dwellings. The proposed 3 bed bungalow will measure 12 metres long by 9.8 metres wide and a pitched roof with the maximum height of 5.8 metres. Two blocks of identical pairs of semi−detached 3 bed two storey dwelling which will measure 9.5 metres long by 5.4 metres wide and a pitched roof with the maximum height of 7.8 metres. The proposed associated works also includes the formation of three off street car parking spaces per residential unit resulting in a total of 15 off−street car parking spaces.

3. Site History

3.1 The application site has no relevant planning history.

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 jointly zoned as HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) within the adopted North Lanarkshire Local Plan 2012.

5. Consultations

5.1 A summary of comments from the consultees is as follows:

i. Protective Services have no objection to the proposal subject to the submission of a site investigation with a detailed remediation strategy if required and refers to best practice relating to noise from construction, construction hours, dust control, construction waste, light pollution and the presence of any unsuspected contamination. ii. Traffic & Transportation no objections subject to the following conditions: • The existing road is on a gradient as such any boundary walls/fencing will reduce driveway exit visibility and should not exceed 1.05 m high to allow vehicles to have clear sightlines. • Any gates erected should open inwards (Not onto live carriageway traffic). • Vehicle access to residential premises to be via dropped kerb vehicular access and be a maximum of 5 m wide. • The first 2 m of driveways to be bound /paved (not loose) materials. Driveway gradient should not exceed 10% gradient. • Plot 5 does not permit vehicle access at 90 degree angle to the road. • Provision for drainage should be designed to avoid any water running onto public road. iii. Housing & Social Works Services has confirmed that the site lies within the Cumbernauld Sub−Market Area, Planning Policy HCF3 Assessing Affordable Housing Development is applicable. The policy applies to developments of more than four units, and requires a 25% affordable housing contribution. For sites of 5 to 19 units we would typically require a commuted sum. In this instance, the policy requirement for affordable housing provision is commuted sum payment equivalent to 1 affordable residential unit. An independent valuation has been jointly instructed from the District Valuer, which places the commuted sum value for this site at £20,000.

6. Representations

6.1 Following the standard neighbour notification process, nine letters of representations have been received (6 letters of objection including an objection from Councillor Jean Jones and 3 letters in support from Croy Community Council).

6.2 The grounds of objection include increase in off−street parking, overdevelopment, boundary treatment, flooding, loss of amenity, increased traffic, loss of privacy, loss of landscaped area/Greenbelt, more appropriate developments and noise concerns.

6.3 The grounds for support of the proposal include good for area as the site was left in a poor state by the contractor who demolished the old nursery building, that the applicant is a trusted/respected member of the community who given many residents of Cloy a number of job opportunities and continues to do so.

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 Croy and zoned as HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) in the adopted North Lanarkshire Local Plan 2012. The application site which was formally occupied by Croy Nursery and is covered by policy HCF 1 A where there is a presumption against developments detrimental to residential amenity in primarily residential areas. It is considered that, given the local plan zoning of the application site, the nature of the development, the surrounding residential area and that the principle of the proposed residential development therefore complies, with policies HCF 1 A subject to the formal assessment of the details of the proposal against the criteria set out in DSP 4 below. Policy HCF3 Assessing Affordable Housing Development is also relevant and the Council will seek payment of a commuted sum, in lieu of site provision, of a value equivalent to the cost of providing the percentage of serviced land required by the policy. This is being met as the applicant has confirmed his willingness to enter into a legal agreement for the sum of £20,000.

7.3 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). DSP 1, DSP 2 and DSP 3 are not an issue given the scale and nature of the development. Policy DSP 4 states that development will only be permitted when design is of a high standard and the detail of the development is considered in paragraph 8.4 below, however, the development of residential development at this location, it is noted that the previous community facility of Croy Nursery has since been demolished and the site is currently vacant and therefore the community facility is no longer in use, therefore, the proposed residential development is considered to be inkeeping with the density and layout of its wider residential location. It is considered, therefore, that the proposal is in accordance with policies of the North Lanarkshire Local Plan. 7.4 Residential Layout and Design: The proposed five houses along with associated works are in keeping with wider residential area which is dominated by terraced two storey dwellings and bungalows. In considering the immediate locational impact, the distance to the nearest facing habitable window exceeds the minimum required distance of 18 metres, it is noted that the site level of the proposed dwellings are lower than the neighbouring dwellings to the south, the development far exceeds the minimal amenity space standards for the proposal of this nature, therefore, the impact of the proposal is acceptable in that the proposed residential development will not result in an overriding loss of amenity to the existing neighbouring residential properties. In addition to layout and setting, it is also considered that the detailed design of the buildings are acceptable and that materials can be considered by way of a condition. In terms of parking, the proposed residential development would create three off street car parking spaces per residential unit which is sufficient for this development of this size.

7.5 Consultations: Concerning the Protective Services comments, planning conditions are recommended to cover site investigation, while the comments relating to best practice relating to noise from construction, construction hours, dust control, construction waste, light pollution and the presence of any unsuspected contamination will be added as informatives on any planning permission. In response to the comments made by Traffic & Transportation, suitable planning conditions to this affect are recommended.

7.6 Representations: In terms of the objections raised, I would offer the following comments:

Point of Objection: Whilst the houses have off street parking in abundance, the street they will go onto when leaving this is extremely congested at present and will find it difficult to take more traffic as there has been an incident where a van has hit a car as the street is so busy with parked cars.

Comment: It is not considered that the proposal will result in a detrimental impact on the traffic circulation.

Point of Objection: The site would be better with less density of houses.

Comment: The density of the proposed residential development is considered to be in keeping with the density of the surrounding residential area.

Point of Objection: The type of fencing round the site should be universal and not as on the plan a bit of this and a bit of that.

Comment: A planning condition is recommended that details of boundary treatment are submitted for approval which will ensure that there will be a consistent and appropriate level of fencing.

Point of Objection: There are concerns about flooding of the houses if any of the people who move in make any changes as behind the site the houses are a lot lower down.

Comment: Suitable planning conditions are recommended to ensure that the development does not result in any flooding within to the planning application site and the wider area.

Point of Objection: The last one of the houses (plot 5) is within touching distance of an existing property resulting in a loss of amenity.

Comment: The distance from the plot 5 to the nearest existing property (No. 52 Hillside) is approximately 6 metres, however, due to the angle between the existing windows of No. 52 Hillside (50 degrees) and plot 5 (40 degrees) then the minimum distance to prevent a loss of privacy is 2 metres. The window to window distance of habitable rooms between the existing and proposed dwellings is at least 7 metres which sufficient distance to not result in a significant impact on residential amenity.

Point of Objection: The landscaped area will be wiped out by the planned build. The aspect of landscape of the Greenbelt surrounding this village will be taken away which is very upsetting and disgraceful.

Comment: The planning application site is the former Croy Nursery site only and does not affect the adjacent public open space.

Point of Objection: The site could be put to a better purpose for the residents of Croy, maybe a Community Centre would be more beneficial.

Comment: This is noted, however, the proposed residential development is considered to be acceptable in this location.

Point of Objection: Due to the proximity of the proposed dwellings to the existing dwellings, this is likely to result in detrimental noise levels.

Comment: The proposed residential development is not considered to result in any significant noise that would cause issues to the existing residential properties; in addition, NLC Protective Services have not raised any noise issues from the proposed residential use of the site.

8. Conclusions

8.1 It is considered that the proposal accords with the adopted North Lanarkshire Local Plan in that the proposal is in keeping with wider established residential area as the design, scale, materials and positioning of the proposed five houses are considered to be acceptable. Taking the above into consideration and notwithstanding the objections received, it is recommended that planning permission be granted.

8.2 If the committee is minded to grant planning permission for this development then the permission should not be issued until a legal agreement has been concluded in relation to a required affordable home contribution. Application No: Proposed Development:

16/00120/FUL Change of Use of Industrial Unit (Class 5) to Martial Arts Training Centre (Class 11)

Site Address:

47 Deerdykes View Westfield Cumbernauld G68 9HN

Date Registered:

9th February 2016

Applicant: Agent: Mr Robert Robertson N/A 7 2−1 Centurion Way Glasgow G3 8NX

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 002 Cumbernauld North 1 letter of representation received (from Baiwant Singh Chadha, Alan Masterton, Barry Mr Stuart McDonald MP). McCulloch, Alan O'Brien,

Recommendation: Refuse

Reasoned Justification:

The proposal fails to meet the criteria set out in the North Lanarkshire Local Plan 2012 in that it introduces an inappropriate use at this industrial site without sufficient planning justification for the loss of an industrial unit at this site of strategic importance.

Recommendation:Reasons:−That Refuse for the Following

the proposed change of use from an Industrial Unit (Class 5) to Martial Arts Training Centre (Class 11) would introduce a non industrial use to a strategic industry/business area to the detriment of its existing character and amenity as such is contrary to policy EDI 1 B2 (Strategic Industrial and Business Locations) and EDI 1A1 (Existing Industrial and Business Areas) of the North Lanarkshire Local Plan.

2. That the proposed development would be contrary to policy DSP 4 (Quality of Development) and Supplementary Planning Guidance (SPG) 15 Industrial & Business Development of the North Lanarkshire Local Plan as it is considered that the proposed Martial Arts Training Centre (Class 11) use, would introduce a non industrial use within a strategic industrial/business area without a sufficient planning justification, and as a result would not integrate well into the local area, setting an undesirable precedent for other sites in the vicinity that would detract for the industrial character of Westfield Industrial Area.

Background Papers:

Consultation Responses: Memo from Traffic & Transportation received on 10th February 2016.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632508

Report Date: 7th April 2016 APPLICATION NO. 16/00120/FUL

REPORT

Site Description

1.1 The application site is an existing industrial unit situated within a group of similar sized industrial units at 47 Deerdykes View, Westfield, Cumbernauld. This forms part of an established industrial area. The property is a single storey industrial unit with a metal pitch roof and cladding with a roller shutter entrances on the front elevation and windows with single doors on the other elevation. The unit is currently vacant but was previously occupied by a cake decorating business. The building is bounded by similar industrial units to the south, east and west, while to the north is landscaping.

2. Proposed Development

2.1 This application seeks full planning permission for the change of use from a (Class 5) industrial unit to (Class 11) martial arts training centre. The proposal seeks to change the use of the unit only and no physical external alterations are proposed.

3. Applicant's Supporting Information

3.1 A supporting letter was submitted by the applicant has indicated that the unit has been vacant for approximately 10 months. The applicant has been searching for premises since around January 2015. The proximity to Moodiesburn is important to the applicant as many of their martial arts club members come from this area to train. The applicant confirms that this premises as chosen for the proposed gym use as there were no suitably sized properties in Cumbernauld town centre to accommodate the proposed use. The proposal would offer Taekwondo tuition with a very small number of members using the Olympic Weightlifting for strength and conditioning. Initially the facility will mainly be used between the hours of 3pm−10pm with very light use between the hours of 9am−3pm. The proposed staffing levels are two staff initially. The applicant advises that there are around 25 spaces available immediately around the unit and lots more around the neighbouring units which will be vacant during evenings and weekends which would be around or main business hours.

4. Site History

4.1 No planning history.

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 covered jointly by Policy EDI 1 Al (Existing Industrial and Business Areas) and EDI 1 B2 (Strategic Industrial and Business Locations) within the adopted North Lanarkshire Local Plan 2012.

Consultations

6.1 Traffic & Transportation have no objection.

Representations

6.1 Following the standard neighbour notification process and press advert, one letter of representation has been received from Mr Stuart McDonald MP who supports the proposed martial arts training centre on the grounds that this enterprise may encourage more people, both adults and children, to participate in regular exercise which of course is essential in maintaining a healthy lifestyle and tackling the growing problem of obesity.

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 falls within an area jointly covered by Policies EDI 1A1 (Existing Industrial and Business Areas) and EDI 1 82 (Strategic Industrial and Business Locations). Policy EDI 1A1 states that the Council will support the continuing industrial and business character of existing industrial and business areas, while policy EDI 1 B2 identifies Westfield as a strategic location for industry and business and protects such areas from non−industrial uses. Policy EDI 1A1 seeks to maintain the supply of sites for business and industry and to protect the continuing character of the area. Proposals for ancillary developments need to satisfy a range of criteria including the extent to which there is a surplus of industrial land, impact of proposals on the attractiveness of the site for business, specific locational need, economic benefit, alternative sites, travel patterns and whether the development would re−use vacant or under−utilised industrial land.

7.3 The proposed development being non—industrial in nature does not accord with Policy EDI 1 B2. This proposal therefore requires to be assessed against the relevant criteria as detailed above. No evidence has been submitted of a surplus of industrial land/other suitable units or that this property has been vacant/under used for a significant length of time. The supporting statement suggests that there are no suitable alternative sites within Cumbernauld town centre and that this unit is the most convenient and suitable to the needs of the applicant. While there may not be any vacant leisure units available there are alternative sites in areas that are not of strategic importance for industry that would be more acceptable, in principle, from a planning perspective. The development would introduce a use that is not compatible withnon−industrialthe industrial area and is likely to set an undesirable precedent for similar uses, the cumulative impact of which would undermine the attractiveness of the area for business and industry. There is, therefore, not a specific locational need for the development to be located within this strategic location for business and industry. The proposal is of a scale that would not result in a significant economic benefit to the area or have a significant impact on travel patterns however it is not particularly well served by public transport. As indicated above there is insufficient evidence that the unit has been vacant for a significant period of time or in relation to attempts to market the unit for industry or business uses. Given the importance of the site for industry from a strategic planning perspective, it is considered that there is insufficient justification for the loss of this unit or to support the case that the use is an acceptable ancillary use. It is therefore considered that the proposal fails to accord with policies EDI 1 B2 and EDI 1A1.

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). Due to the scale and nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3. Policy DSP 4 seeks to ensure that any development that is permitted is of a high quality, integrates successfully into the local area concerned, and avoids harm to, and adverse impacts on, neighbouring amenity. The determining issue is whether the proposal is likely to be capable of being implemented so as to integrate successfully into this area and without resulting in unacceptable effects on amenity. In that regard, the area around the site comprises of general industrial uses. The proposed martial arts training centre would introduce a non−industrial use where it is considered that the proposal will adversely impact on the character and amenity established industrial/business location. In taking account of the points raised, it is considered that the proposed development is in contrary with Policies EDI 1 B2, EDI 1A1 and DSP 4. 7.5 Other Material Considerations − Supplementary Planning Guidance: A material consideration is the Supplementary Planning Guidance (SPG) 14 Industrial & Business Development, of which Section C is relevant. With reference to change of use proposals in Industrial and Business areas, the SPG states that the Council will not support proposals which would be detrimental to the cumulative economic importance of strategic industrial and business locations or proposals which would have a negative impact on communities and the wider environment. When the proposed martial arts training centre is assessed against this, it is considered that the proposed non−industrial use will result in a detrimental impact on the cumulative economic importance of industrial and business uses in this established industrial/business area and is out of character to the adjacent industrial uses. Therefore the proposal is regarded as being contrary to Supplementary Planning Guidance.

7.6 Consultations: It is noted that Traffic & Transportation have no objection of the proposed martial arts training centre use.

7.7 Representations: In terms of the submitted letter of support, while the potential benefits to the wider community and promotion of healthy lifestyles are noted, these considerations do not outweigh the local plan zoning of the application site or the subsequent planning assessment.

7.8 Other Planning and Appeal Decisions: The Committee will note a recent planning appeal decision made by the Scottish Ministers for a Change of Use form Class 5 (Industrial) to Class 11 (Personal Training/Gym) (Appeal Ref: PPA/320/2087; Planning Application Ref: 14/02275/FUL) at 18/20 Murray Place, Riggend Industrial nonEstate,−industrialBellshill where planning permission was refused for the proposed gym use in a Strategic Industrial/Business location by the Planning & Transportation Committee on 14" May 2015 and the Reporter accepted that a gym wasn't an ancillary use within an industrial estate and dismissed the appeal on 22nd nonDecember−industrial 2015. In addition, it is noted that within Westfield, there are other uses currently operating, Adventure Planet (Planning Application Ref: 04/00791/FUL) and Badminton Centre (Planning Application Ref: 15/01599/FUL), where sufficient justification was provided by the applicants that confirmed the need for industrial units with high ceiling for each particular use, while this current proposal seeks to use a small single storey industrial unit for a non industrial martial arts training centre use that could occupy similar sized units in existing commercial centres within the area.

8. Conclusions

8.1 In conclusion, the proposed change of use from an Industrial Unit (Class 5) to Martial Arts Training Centre (Class 11) would introduce a non industrial use to a strategic industry/business area to the detriment of its existing character and amenity which is contrary to policies EDI 1 B2 (Strategic Industrial and Business Locations), EDI 1A1 (Existing Industrial and Business Areas) and DSP 4 (Quality of Development) of the North Lanarkshire Local Plan. That the proposed development fails to meet the criteria of the relevant policies of the adopted North Lanarkshire Local Plan which presume against the development that would detrimentally affect the character and amenity of existing industry and business areas. Taking account of these matters, it is recommended that planning permission should be refused is this instance. Application No: Proposed Development:

16/00175/AMD s.42 Variation to Condition 1 of Extant Planning Permission N/02/01449/MIN (Continuation of Mineral Extraction until 31st December 2017)

Site Address:

Kings Quarry Constarry Road Croy Glasgow North Lanarkshire G65 9HY

Date Registered:

16th February 2016

Applicant: Agent: Aggregate Industries UK Ltd Pleydell Smithyman Ltd Estates Office 2nd Floor Duntilland Quarry 116 Blythswood Street Salsburgh Glasgow ML7 4NZ G2 4EG Shots Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 001 Kilsyth 3 letter(s) of representation received. Jean Jones, Heather McVey, Alan Stevenson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal to extend the period of mineral extraction until 31&t December 2017 is considered acceptable and is in accordance with the development plan. There would be a 23% reduction in the annual mineral production levels and corresponding reduction in HGV trips to and from the site. The quarry operation would continue to be subject to the existing planning conditions and regulatory controls and would also be subject to the previously approved restoration scheme and allow the quarry to provide a continued supply of rock to the local construction market and enable the quarry floor to be profiled to the previously agreed restoration scheme.

ProposedConditions:−That

the mineral extraction works hereby permitted shall cease not later than 31st December 2017

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

That unless as may otherwise be agreed in writing by the Planning Authority, from the commencement of quarrying in phase 1 as shown on plan reference 6297/052 and thereafter for the duration of this permission, the quarry shall be worked in accordance with the phasing plans 6297/052 − 6297/054, and to the depths and face profiles shown in the cross sections on plan references 6297/056 − 6297/058.

Reason: To ensure that the site is worked in accordance with the details submitted in the application.

3. That within 6 months of the date of this permission, a scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required providing full details of the progressive restoration and landscaping works to be carried out during the working life of the quarry. The aim of this scheme will be to detail the manner in which the restoration scheme as detailed on plan reference 6297/055 is delivered. The scheme shall provide full details of each phase of the development and detail what works will be carried out in years 1 −10 in the life of the quarry.

Reason: To ensure that these details are approved in the interests of the visual amenity of the area given the prominent location of the quarry.

4. That the progressive restoration and landscaping scheme approved under the terms of Condition 3 above shall be implemented in accordance with the details approved and in respect of any landscaping, within 5 years of being planted, any trees or shrubs that die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that in the interests of the visual amenity of the area given the prominent location of the quarry that planting is undertaken at an early date and that it becomes established and as a result assist in the mitigation of the impacts that the quarry may have on landscape character both during the operational phase and following restoration.

5. That except as may otherwise be agreed in writing by the Planning Authority, at the expiry of twelve months from the date of this planning permission, and thereafter at twelve monthly intervals, the applicant will submit a plan to a scale of not less than 1:2500 indicating the progress of quarrying operations. The plan will indicate the current position of the extraction areas, the size of the void, completed soil stripping and replacement works, the extent of spoil and overburden disposal, the extent of restored land and the extent of landscaping works that have been implemented.

Reason: To assist the Planning Authority in monitoring progress at the site.

6. That should it become evident following the submission of the progress plan as required by Condition 5 above or following any other review of progress, that the restoration scheme as detailed on plan reference 6297/055 cannot be delivered then within six months of such an event a revised restoration scheme that modifies and updates the approved scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required detailing the steps to be taken to restore the site.

Reason: To ensure that the site is restored upon cessation of mineral extraction.

7. That the existing access as detailed on the approved plans shall continue to be the sole means of access to the site. Reason: In the interests of road safety

8. That within 6 months of the date of this permission, a scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required detailing the measures to be taken to ensure that the public road in the vicinity of the new quarry access is kept free of mud and other debris.

Reason: In the interests of road safety

9. That the scheme of measures approved under the terms of Condition 8 above shall be implemented upon the commencement of the use of the new quarry access and thereafter maintained during the life of this permission, if however, at any point during this time these measures prove to be ineffective the quarry operator shall implement such further measures as may have first been agreed in writing by the Planning Authority.

Reason: In the interests of road safety and to allow the matter to be reconsidered should the agreed measures fail to keep the road clear of mud or other debris.

10. That all loaded lorries leaving the site, except for vehicles less than 3.5 tonnes gross weight, part loaded articulated lorries and lorries containing stones in excess of 75mm shall be adequately sheeted to secure their loads.

Reason: To avoid spillages in the interests of road safety

11. That, except as may otherwise be agreed in writing with the Planning Authority, no heavy goods vehicles shall arrive at or leave the site and no operations, including the loading and transportation of minerals or operation of quarry plant shall take place at the site outwith the hours:

06.00− 18.00 hours Monday to Friday 07.00 − 13.00 hours on Saturday 07.00 − 13.00 hours on Sunday The permitted hours for the Asphalt Plant including vehicular movements shall be restricted to the hours of:

05.00 − 20.00 hours Monday to Sunday

No operations of quarry plant, loading or transportation of minerals shall take place on Public Holidays unless agreed with the Planning Authority..

Reason: In the interests of the amenity of local residents

12. That the only exception to the working hours stated in condition 11 above is the carrying out of essential maintenance to plant and machinery and where possible maintenance should be programmed to be carried out during the following hours:

12.00−17.30 hours on Saturday 14.00−17.30 hours on Sundays

or at such other times so as to ensure that such works are carried out during reasonable hours and that noise nuisance does not arise.

Reason: In the interests of the amenity of local residents

13. That only waste materials which are to be used in connection with the restoration work will be imported to the site and before any such material is taken on to the site, a scheme shall be submitted for the written approval of the Planning Authority detailing the following: a) the range of materials to be regarded as acceptable for use in the restoration works. b) detail the manner and location(s) in which such material will be stored if not used immediately in connection with reducing the depth of the quarry void c) the arrangements to be made for reporting to the Planning Authority that material will be taken into the site, as well as information on the quantity, nature of the material (including certification that the material is not contaminated) and the location in which it will be placed in the quarry.

Reason: To enable the restoration scheme to be delivered and, if sufficient materials can be sourced, to enable the depth of the water in the flooded quarry void to be reduced in depth.

14. That following approval of the scheme required by Condition 13 above it shall be implemented.

Reason: To enable the Planning Authority to retain control over the importation of material to the site.

15. That prior to the commencement of quarrying in phase 1 as shown on plan reference 6297/052, unless otherwise agreed in writing by the Planning Authority, a scheme of measures for the control of dust which will ensure that the best practice methodologies set out in PAN 50 are adopted shall be submitted for the written approval of the Planning Authority, including any modifications as may be required and for the avoidance of doubt such a scheme will cover the following:

a) ground preparation works, soil stripping and the removal of overburden in advance of mineral extraction b) ground preparation works and the replacement of overburden and soils as part of the site restoration works C) dust arising in connection with blasting operations d) the transportation of stone within the site and following processing the exportation of stone from the site.

Reason: In the interests of the amenity of local residents and users of the adjacent golf course

16. That the scheme approved under the terms of condition 15 above shall, except as may otherwise be varied by the Planning Authority in writing, remain in place for the duration of this planning permission.

Reason: In the interests of the amenity of local residents and users of the adjacent golf course

17. That in any instance where, in the opinion of the Planning Authority, it becomes apparent that the dust suppression measures as approved under the terms of Condition 15 above have failed to prevent fugitive dust leaving the site, the operations identified as causing the problem will be suspended until such time as revised dust control measures have been agreed with the Planning Authority.

Reason: In the interests of the amenity of local residents and users of the adjacent golf course

18. That except as may otherwise be agreed in writing by the Planning Authority, a noise monitoring programme shall be carried out upon the commencement of quarrying in phase 1 as shown on plan reference 6297/052, the frequency and at locations to be agreed with the Planning Authority. Monitoring of noise levels directly attributable to the approved operations shall be undertaken during typical normal working hours and shall avoid meal breaks and period of breakdown. This monitoring programme shall continue until the Planning Authority gives its written confirmation that it may cease and for the avoidance of doubt the noise monitoring shall be carried out in accordance with the methods specified in planning advice note PAN 50: Annex A The Control of Noise at Surface Mineral Working and reports of monitoring shall be completed in accordance with Mineral Planning Guidance Note 1 "General Considerations and the Development Plan System" and submitted to the Planning Authority.

Reason: To ensure that in the interests of the amenity of local residents the noise limits imposed on operations at the site are being complied with.

19. That from the commencement of quarrying in phase 1 as shown on plan reference 6297/052, at any noise sensitive property (the locations of which will be agreed in writing by the Planning Authority) noise levels LAeq attributable to the approved operations:

a) shall not exceed 70dB LAeq 1 h between the hours of 08.00 and 17.00 on weekdays (Monday to Friday inclusive) for the purpose of creation and removal of soil storage/landscape bunds and soil stripping for a period not exceeding eight weeks in one year. The Planning Authority shall be given at least 2 working days prior notice of such works commencing. Once completed the Planning Authority will be advised in writing of the duration of the operations.

b) shall not exceed the existing background level by more than 10 dB(A) except in the circumstances where tonal elements of the noise contribute significantly to the total site noise in which case the existing background level shall not be exceeded by more than 5 dB(A).

Specifically all noise levels are based on dB LAeq 1 where 1 means any one hour period measured during the hours referred to under Condition 11 above.

Reason: In the interests of the amenity of local residents

20. That insofar as is reasonably practical, the operator will ensure that the best practice methodologies set out in PAN 50 are adopted. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer's specification at all times, and shall be fitted with, and use, effective silencers.

Reason: To ensure that in the interests of the amenity of local residents that the site is operated in line with current best practice and that all reasonable steps are taken to minimise noise produced at the site

21. That from the commencement of quarrying in phase 1 as shown on plan reference 6297/052, blasting shall be carried out subject to the following restrictions. The only exception to the following will be the circumstances of precision blasting as defined in Condition 30 below:

a) blasting shall only be carried out between the hours of 10.30 a.m. −12.30 p.m. and 1.30 p.m. −4.00 p.m. Monday to Friday excluding public holidays and no blasting shall take place on Saturdays or Sundays. b) the number of blasts shall not exceed two in any one week, with a maximum of one blast per day, without the prior written approval of the Planning Authority. c) no blasting shall be carried out during a temperature inversion and blasting shall be avoided under weather conditions which are likely to direct or focus the blast air overpressure towards noise sensitive properties. d) That blasting shall only be carried out after suitable audible and visual warnings have been given and that, prior to the commencement of operations on the site, the occupiers of all properties around the site shall be notified in writing of the nature of the warnings. e) Blasting shall be carried out using the best practicable means available to ensure that the resultant noise, vibration and air overpressure are minimised in accordance with the best practice methodologies set out in PAN 50.

Reason: To ensure that in the interests of the amenity of local residents that the site is operated in line with current best practice and that all reasonable steps are taken to minimise the effects of blasting

22. That prior to the commencement of quarrying in phase 1 as shown on plan reference 6297/052 the applicant shall submit for the written approval of the Planning Authority, including any modifications as may be required, a list of properties that could be considered to be vibration sensitive at which the monitoring of blasts shall be carried out.

Reason: To define those properties at which the monitoring of blasts shall be carried out.

23. That following approval of the vibration sensitive properties as required by Condition 22 above, monitoring of all blasts shall be carried out at no less than one of the vibration sensitive properties or in the event of a complaint arising regarding blasting, at any such other location as may be notified in advance in writing by the Planning Authority. Reason: In the interests of the amenity of local residents and to ensure that the levels set for blasting are complied with.

24. That appropriate blasting techniques shall be adopted and instantaneous charge levels selected such that the predicted peak particle velocity shall not exceed 6mm/s in any plane in 95% of all blasts and no individual blast shall exceed a peak particle velocity of 12mm/s as would be measured on the ground adjacent to any vibration sensitive property as defined under the requirements of Condition 22 above.

Reason: In the interests of the amenity of local residents and to ensure that the blasting at the site is carried out within defined perimeters.

25. That prior to the commencement of quarrying in phase 1 as shown on plan reference SC99097/PA/F/08b the applicant shall submit a scheme for the written approval of the Planning Authority, including any modifications as may be required detailing the steps to be taken to provide the Planning Authority and the Council's Protective Services Section with advance notification of each blast in order that random and independent monitoring of blasting events can be carried out and for the avoidance of doubt such a scheme will include the following:

a) 24 hours advance notice of each blast shall be given b) the intended time of each blast shall be given C) the notification of the Planning Authority and the Council's Protective Services section by fax d) confirmation at least one hour before each blast that the blast will go ahead at the time planned and this be provided by the sending of a fax to the Council's Protective Services Section. e) that where possible at least one hours advance notice be given by fax to the Council's Protective Services Section should any blast be unlikely to proceed at the time notified. f) where possible one hours advance notice be given by fax to the Council's Protective Services Section of any rearranged blast stating the intended time of the blast.

Reason: To inform the Planning Authority when blasting will occur and to enable the Council to independently monitor blasting at the site.

26. That unless as may otherwise be varied in writing by the Planning Authority, following approval of the notification scheme approved under the terms of Condition 25 above the scheme shall be implemented and remain in place for the duration of this permission.

Reason: To inform the Planning Authority when blasting will occur and to enable the Council to independently monitor blasting at the site.

27. That records shall be maintained of all blasts so that the measurements of peak particle velocity as restricted in terms of Condition 24 above and air overpressure as restricted by Condition 29 below can be identified and these records shall be made available for inspection by any authorised party during office hours at the quarry and vibograph analysis charts shall be submitted to the Planning Authority on the last day of each month.

Reason: To enable the Council to monitor compliance with the conditions of this permission.

28. That the occupiers of the vibration sensitive properties defined by Condition 22 above shall be notified in writing of the intended blasting programmes and any subsequent changes.

Reason: In the interests of public safety and to reduce as far as is practicable the element of surprise which would otherwise accompany an unexpected blast.

29. That blasting practices shall have regard to safe quarrying practices and be such that under normal atmospheric conditions the peak linear and air overpresure level of 124dB shall not be exceeeded as measured at any of the noise sensitive properties. Reason: In the interests of the amenity of local residents and to define an upper limit for air overpressure given that it is this element of a blast that is most likely to cause alarm.

30. That no blasting will be carried out within 40 metres of the rail line until such time as the applicant has received the Planning Authority's written approval for a scheme of precision blasting

Reason: In the interests of protecting the adjacent rail line and the amenity of local residents.

31. That the applicant shall submit for the written approval of the Planning Authority a scheme detailing the manner in which blasting will be carried out within 40 metres of the rail line. For the avoidance of doubt the scheme shall include the following:

a) detail the steps involved in taking possession of the rail line b) detail the times of the day and days of the week during which precision blasting can be expected to take place c) detail the steps to be taken to notify the Planning Authority and the Council's Protective Services Section of the times when precision blasting will be carried out d) detail the steps to be taken to notify the occupants of noise and vibration sensitive properties as defined by Conditions 19 and 22 above of the times when precision blasting will be carried out e) detail the steps to be taken to notify the occupants of surrounding residential areas of the times when precision blasting will be carried out f) specify the maximum peak particle velocity which will result from any blast within the 40 metre zone g) specify the maximum air overpressure level which will result from any blast within the 40 metre zone h) the method of monitoring the blasts i) the frequency and method of notifying Network Rail, the Planning Authority and Council's Protective Services Section of the results of the monitoring carried out.

Reason: In the interests of protecting the adjacent rail line and the amenity of local residents.

32. That any blasting within 40 metres of the rail line will be carried out in accordance with the details agreed under the terms of Condition 31 above.

Reason: In the interests of protecting the adjacent rail line and the amenity of local residents.

33. That there must be no interference with any drain or watercourse belonging to Network Rail.

Reason: To safeguard the main Glasgow to Edinburgh Rail Line

34. That there must be no increase in existing flow rates into any culvert which passes beneath the railway without the prior approval of the Planning Authority in consultation with Network Rail.

Reason: To safeguard the main Glasgow to Edinburgh Rail Line

35. That storm or surface water must not be discharged on to or towards Network Rail property. Suitable drainage or other works must be provided and maintained by the applicant to prevent surface flows or run off affecting the rail line.

Reason: To safeguard the main Glasgow to Edinburgh Rail Line

36. That within 2 months of the date of this permission, a scheme shall be submitted for the written approval of the Planning Authority detailing the way in which surface and ground water will be managed within and around the site including full details of the size, location and method of construction of any new or additional settlement ponds and/or modifications to be made to the existing settlement pond.

Reason: To ensure that the development does not adversely affect the adjoining land

37. That unless as may otherwise be varied in writing by the Planning Authority, following approval the water management system required by Condition 36 above, this shall be implemented upon works within phase 1 as shown on plan reference 6297/052 and thereafter maintained for the duration of this planning permission.

Reason: To ensure that the development does not adversely affect the adjoining land.

38. That notwithstanding the generalities of condition 36 above, throughout the period of working, restoration and aftercare, the applicant shall protect and maintain or divert any ditch, stream, watercourse or culvert passing through the site so as not to impair the quality or flow nor render less effective drainage onto and from adjoining land.

Reason: To ensure that the development does not adversely affect the adjoining land.

39. That within 2 months of the date of this permission, a scheme shall be submitted for the written approval of the Planning Authority detailing a scheme to be implemented to monitor ground water levels within the site. For avoidance of doubt the scheme shall include the following:

a) the sinking of at least two boreholes b) the setting up of a monthly monitoring regime c) the reporting of the findings to the Planning Authority

Reason: To ensure that the water levels indicated in the proposed restoration scheme are attainable.

40. That except as may otherwise be agreed in writing by the Planning Authority, by no later than the commencement of quarrying in phase 3 as shown on plan reference 6297/052, a scheme shall be submitted for the written approval of the Planning Authority detailing the manner in which the restored water body will be managed to ensure that a water level of 75.3 metres AOD is achieved and thereafter maintained. For the avoidance of doubt the scheme shall include the following:

a) details of the design of the water outfall b) details of the method(s) to be employed to restrict water flows to such a level as to maintain the water body at level of 75.3 metres AOD c) details demonstrating that the proposed connection to Network Rails drainage system meets with their approval and that the proposed rates of discharge and proposed drainage route has sufficient capacity to cope with additional discharge. d) details demonstrating how the quarry void, proposed water body and management system will cope with a storm with a one in 200 year return period.

Reason: To ensure that the water levels indicated in the proposed restoration scheme are attainable.

41. That the above water management scheme will be in place prior to the cessation of quarrying at the site.

Reason: To ensure that the water management system is put in place.

42. That within the application site:

a) any cranes or jibbed machines used in connection with the works must be so positioned that the jib or any suspended load does not swing over railway property or within 3 metres of the nearest rail if the boundary is closer than 3 metres. b) all cranes, machinery and constructional plant must be so positioned and used to prevent the accidental entry onto railway property of such plant, or loads attached thereto in the event of failure.

Reason: In the interests of railway safety

43. That notwithstanding the terms of Classes 55 & 56 of Schedule 1 of The Town and Country Planning (General Permitted Develop ment)(Scotland) Order 1992, the further written consent of the Planning Authority shall be required in respect of any further buildings, plant or machinery that may be required in connection with the development hereby permitted.

Reason: In the interests of visual amenity of the area given the prominent position of the site and its relative proximity to the Regional Scenic Area

44. That no later than 6 months after the permanent cessation of quarrying or the date set by Condition 1 above whichever is the sooner all buildings, plant, machinery and areas of hardstanding including the internal access roads shall be removed and the ground reinstated in accordance with the conditions of this permission relating to restoration.

Reason: To ensure that these structures and buildings are removed once they are no longer required and to enable the site to be restored

45. That except as may otherwise be agreed in writing by the Planning Authority, all top and sub soil shall be retained on site for use in the restoration of the quarry and top soil and sub soil shall be handled in the following manner:

(i) that, no extraction shall be carried out in any phase of the development hereby permitted until any available topsoil is fully stripped and also that the topsoil shall be stripped to the full available depth from all areas within each phase (ii) that work routines for stripping operations shall be designed to minimise vehicle traffic on unstripped land, and at all times the mechanical handling and compaction of the topsoil shall be minimised and also that no vehicle, other than those involved in stripping operations shall be permitted on the unstripped land. (iii) that following topsoil stripping operations, all subsoil shall be stripped as a separate operation from all areas of land where topsoil was stripped, (iv) that the stripping of the soils shall only be carried out when the soils are dry, and (v) that topsoil and subsoil shall be stored separately (vi) that, prior to the commencement of works involving handling of soil, the applicant shall give at least two working days notice to the Planning Authority who shall reserve the right to request suspension of operation during adverse conditions or impose such conditions as they see fit for the safekeeping of the subsoil and topsoil.

Reason: To ensure that soils are properly handled, stored and retained for use in the restoration of the site

46. That at least one month prior to the stripping of soils from any phase of the quarry development hereby permitted full details shall be provided for the written approval of the Planning Authority, including any modifications as may be required detailing where within the quarry the top soil and subsoil will be stored including ground preparation works, the heights and profiles of the storage mounds.

Reason: In the interests of visual amenity

47. That following approval of the storage locations for the soils from each phase of the development as required by Condition 46 above, the stripped soils shall be stored in the agreed locations and thereafter maintained to ensure that the mounds are kept free of weeds for the duration of this planning permission or until such time as the soils are needed for use in the implementation of the site restoration scheme.

Reason: In the interests of visual amenity

48. That no soils or overburden shall be removed from the application site.

Reason: To ensure that any soils removed to allow the extraction of stone are retained for use in the restoration of the site.

49. That within 2 months of the date of this permission, a scheme shall be submitted for the written approval of the Planning Authority providing full details of the locations and heights of all mineral stockpiles and quarry waste piles.

Reason: In the interests of visual amenity of the area given the prominent position of the site

50. That unless as may otherwise be varied in writing by the Planning Authority, processed mineral and quarry waste shall only be stored in the locations and to such heights as have been approved under the terms of Condition 49 above.

Reason: In the interests of visual amenity of the area given the prominent position of the site and its relative proximity to the Regional Scenic Area

51. That prior to the commencement of quarrying in phase 1 as shown on plan reference 6297/052, unless otherwise agreed in writing by the Planning Authority, all areas of appropriate habitat, which could be potentially affected by the proposed development will be carefully surveyed by a suitably qualified person for great crested newts. A report of the aforementioned survey will be submitted to the Planning Authority and if any are found to be in or around the application area a series of mitigation measures should be developed, implemented and agreed in writing by the Planning Authority in consultation with Scottish Natural Heritage.

Reason: To minimise the risk to protected species and to ensure legal compliance with the requirements of wildlife legislation.

52. That prior to the commencement of quarrying in phase 1 as shown on plan reference 6297/052, unless otherwise agreed in writing by the Planning Authority, all areas potentially affected by the proposed development will be carefully surveyed by a suitably qualified person for other species which receive statutory protection, such as badgers and water voles. A report of the aforementioned survey will be submitted to the Planning Authority and if such species are found to be in or around the application area a series of mitigation measures should be developed, implemented and agreed in writing by the Planning Authority in consultation with Scottish Natural Heritage

Reason: To minimise the risk to protected species and to ensure legal compliance with the requirements of wildlife legislation.

53. That within 2 months of the date of this permission, unless otherwise agreed in writing by the Planning Authority, a scheme shall be submitted for the written approval of the Planning Authority detailing measures to upgrade local sports facilities. For the avoidance of doubt the scheme shall include the following:

a) changing the surface of the pitch shown on the approved plans from blaes to grass b) providing changing accommodation c) providing new or improved children's play facilities d) arrangements for the ongoing maintenance of the new/ improved facilities e) a timetable for the above measures! contributions.

Reason: To ensure that in the interests of the local community that full details of this part of the development are considered and approved

54. That the measures approved under the terms of Condition 53 above will be implemented in full and in accordance with the agreed timescales.

Reason: To ensure that these associated community/ recreational improvements are timeously implemented.

55. That prior to the commencement of quarrying in phase 1 as shown on plan reference 6297/052, unless otherwise agreed in writing by the Planning Authority, a scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required detailing the steps to be taken to divert the footpath which runs through the application site. For the avoidance of doubt the scheme shall include the following:

a) details of the proposed diversion route b) details of any works to be carried out to form a temporary path c) measures to be taken, including signage to inform members of the public that the route has been diverted d) details of any reinstatement works to be carried out once the diversion route is no longer required e) the duration of any diversion.

Reason: To ensure that satisfactory arrangements are made for the diversion of the path affected by the development.

56. That following approval of the scheme required by Condition 55 above it shall be implemented upon the commencement of work in phase 1.

Reason: To ensure that satisfactory arrangements are made for the diversion of the path affected by the development.

57. That the operator shall ensure that as working progresses the existing site perimeter fencing is extended as necessary and that the perimeter fencing is maintained until the site aftercare is complete and that any repairs or replacement that may be required is carried out as soon as is practicable.

Reason: In the interests of public safety

58. That for the duration of this permission and, up to the completion of all aftercare works warning signs shall be erected and maintained by the operator next to all publicly accessible areas within or adjacent to the quarry, details of the locations of these signs shall be made known to the Planning Authority.

Reason: In the interests of public safety.

59. That no rubbish or other waste materials shall be burned on site at any time, and the operator shall be responsible for immediately extinguishing any sporadic burning which may occur.

Reason: In the interests of the amenity of the area and of adjacent residents.

60. That with the exception of such materials as may first be agreed in writing by the Planning Authority, no waste materials shall be imported to the quarry for the purposes of recycling.

Reason: To define the scope of this permission

61. That with the exception of such materials as may be first agreed in writing by the Planning Authority, no materials shall be imported to the site for the purposes of storage, crushing, screening, processing, manufacturing or onward transportation.

Reason: To define the scope of this permission

62. That any chemical, oil or diesel storage tanks installed within the application site shall be sited on impervious bases and surrounded by impervious bunded walls and the bunded areas shall be capable of containing 110 % of the tank volume and should enclose all fill and draw pipes.

Reason: To prevent contamination of soils.

63. That all artificial lighting units installed at the quarry shall be so sited and shielded to be incapable of direct sight from any residential property outside the quarry boundary.

Reason: In the interests of visual amenity given the location of the quarry.

64. That no later than the commencement of quarrying within phase 5 as shown on plan reference 6297/053, a scheme shall be submitted for the written approval of the Planning Authority which will provide full details of the works to be carried out to restore the site and that for the avoidance of doubt, any such scheme shall reflect and include the major elements as detailed in plan reference 6297/055 and shall also include the following:

a) a detailed schedule of new habitat creation such as the proposed reedbeds and wetland area, including information about location, species, density of proposed planting, size of area, protection and replacement measures in the event of failure or vandalism b) details on how the ground will be prepared to receive tree and shrub planting and grass seed. c) details on the footpaths to be formed including their surfacing d) details on all planting associated with the landscaping of the site including details on the locations, size, number and species of all trees and shrubs and details on grass seed mixes that will be used, and if different areas are to be sown with different mixes this should be indicated e) details of the 3 picnic areas f) details of the 2 informal play areas g) details of the signage h) details of the footpath linkages to be formed with the surrounding footpath network i) details of the reinstatement of the quarry access and access road.

Reason: To ensure that the conceptual site restoration proposals are expanded upon and that a detailed restoration scheme is agreed prior to the cessation of mineral extraction

65. That the restoration scheme approved under the terms of Condition 64 above shall be implemented and the works completed within either 12 months of the completion of quarrying in phase Phase 10 as shown on plan reference 6297/054 or the date stated in condition 1 above whichever is the sooner.

Reason: To ensure that the site is restored upon cessation of mineral extraction.

66. That in the event that during the life of this permission mineral extraction ceases for a continuous period in excess of two years or the use is discontinued for a like period, then unless as may otherwise be agreed in writing by the Planning Authority within 12 months of either event occurring, a revised restoration scheme that modifies and updates that shown on plan reference 6297/055 shall be submitted for the written approval of the Planning Authority, including any modifications as may be required detailing the steps to be taken to restore the site.

Reason: To ensure that the site is restored upon cessation of mineral extraction.

67. That within 12 months of being approved, any revised restoration scheme that may have been required under the terms of condition 66 above shall be implemented and the works completed.

Reason: To ensure that the site is restored upon cessation of mineral extraction.

68. That no later than the commencement of quarrying within phase 5 as shown on plan reference 6297/053, a 5 year aftercare scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required, and for the avoidance of doubt it shall include the following:

a) the steps necessary to bring the land to a standard that accords with the restoration proposals; full details of the cultivation techniques to be used; the fertilising methods; the soil sampling and analysis procedures; the watering and drainage methods; the weed control systems and any other treatment proposed for the land

b) a timetable for the implementation of these works

C) that any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within the aftercare period shall be replaced within the following year with others of a similar size and species.

d) the submission of a written annual report to the Planning Authority on progress Reason: To ensure the success of the restoration scheme

69. That the approved aftercare scheme shall be implemented following cessation of mineral extraction and in accordance with the approved timetable unless as may otherwise be agreed in writing by the Planning Authority.

Reason: To ensure the success of the restoration scheme Background Papers:

Consultation Responses:

Traffic & Transportation received 23 March 2016. NLC Protective Services received 24th March 2016 Historic Environment Scotland received 15t March 2016 The Coal Authority received 29 February 2016 Scottish Environment Protection Agency received 9th March 2016 Network Rail received 1st March 2016.

Contact Information:

Any person wishing to inspect these documents should contact Mr Cohn Marshall at 01236 632500

Report Date:

5th April 2016 APPLICATION NO. 16/00175/AMD

REPORT

1. Site Description

1.1 The Kings Quarry site extends overall to some 35 ha in area and is located directly the east of Croy village. The quarry site is bounded to the south by the main Glasgow to Edinburgh railway line and the Roman Fort/Antonine Wall (World Heritage Site) is located beyond the northern quarry face. The site is bounded to the east by rough grazing land. The quarry works are accessed directly from Constarry Road, Croy.

2. Proposed Development

2.1 Planning permission is now being sought under the terms of section 42 of the Planning Act to extend the previously agreed mineral extraction timescale from 201h March 2016 until 31st December 2017. The previously agreed restoration scheme would then be completed by the quarry operators.

Extant Condition 1 of Planning Permission 021014491M1N is set out below

That the mineral extraction hereby permitted shall cease not later than 10 years from the date of this permission. Reason: To comply with the provisions of the Town and Country Planning (Scotland) Act 1997.

The operator seeks to amend the terms of this condition to:

That the mineral extraction works hereby permitted shall cease not later than 31st December 2017. Reason: To comply with the provisions of the Town and Country Planning (Scotland) Act 1997(as amended)

2.2 The proposals would therefore involve a continuation of mineral extraction operations within the as yet un−worked Phases 8, 9 and 10 which are located at the western end of the quarry void.

2.3 The operator has advised that in order for the extraction works to be completed and to assist with the restoration scheme profiles, a total of 541,000 tonnes of rock from the un−worked Phase 8,9 and 10 areas would be required to be extracted over a final 21 month period to end of December 2017 with final restoration works completed within 12 months of the completion of quarrying at the Phase 10 extraction area. The proposed extraction volumes would be as follows:

Phase 8 68,000 tonnes Phase 9 95,000 tonnes Phase 10 378,000 tonnes Total 541,000 tonnes

2.4 In terms of HGV movements, the developer has advised that with an average annual extraction rate of some 270,000 tonnes to 31st December 2017, it is estimated that approximately 998 tonnes of rock would be extracted per working day. As Aggregate Industries usually operate a 271 day working year, this would equate to approximately 100 two−way HGV turning movements per day at the Constarry Road access junction (assuming that 20 tonne tipper trucks are used). The operator advises that the currently approved extraction rate has previously generated approximately 188 two−way HGV turning movements at the same road junction. As such the amendment proposal would result in a reduction of HGV trips of around 23% from that previously agreed.

2.5 Whilst permission is sought for a variation to condition 1 of planning permission 02/01449/MIN, the remaining conditions controlling hours of operation, dust suppression, noise, plant maintenance and the previously agreed blasting regime would be retained. The previous planning permission also covered the operation of an Asphalt Production Plant, however the operator has confirmed this machinery has been removed from the quarry and is no longer required. Aggregate Industries confirmed that following the completion of the proposed extended extraction period on 31st December 2017, no further mineral extraction work at Kings Quarry is proposed. Beyond that period, only the quarry void restoration works would be undertaken.

3. Applicant's Supporting Information

3.1 The following information was provided in support of the amendment proposal.

• Application Form and Plans showing the final extraction area/phasing • Supporting Statements • Phase 1 Habitat Survey 2014 • Environmental Statement October 2002 Extract (Schedule of Operations) • Restoration Scheme and Associated Plans • Details of planning permission including approved drawings showing extraction phases, cross sections of the quarry void

4. Site History

4.1 Whilst the quarry has been operational for over 60 years the current mineral extraction works were subject to Review of Minerals Permission (ROMP) legislation and granted approval under the terms of planning permission 02/01449/MIN which allowed the extraction of up to 5.1 million tonnes of rock to be removed over a 10 year period. This equated to 10 phases of 510,000 tonnes being extracted annually after which the quarry void would be subject to previously agreed restoration scheme. However, during the economic down turn, the quarry extraction volumes reduced considerably and the operator effectively "mothballed" the site until 2014 when the market demand for minerals improved.

• 02/01449/MIN Extension to the Mineral Extraction Area; Extension to the Duration of the Workings; Renewal of Planning Consents for the Operation of the Asphalt Plant, Laboratory and Amenity Building and the Restoration of the Site. (Granted Subject to Conditions 20.3.2006)

5. Development Plan

5.1 The following development policies would be relevant to the consideration of this s42 application

EDI 2C. Promoting Economic Development and Infrastructure: Mineral Resources NBE 3A Green Belt NBE iBla Frontiers of the Roman Empire (Antonine Wall) Word Heritage Site NBE 1 Bib Frontiers of the Roman Empire (Antonine Wall) Word Heritage Site Buffer Zones NBE lA4a Site of Importance for Nature Conservation HCF 2 A2 Sites for (Short Term) Housing Development (Additions to Housing Land Supply) HCF 1 B2 Town Parks and Community Parks

6 Consultations

6.1 Historic Environment Scotland, SEPA, NLC Roads Operations and NLC Protective Services confirmed they had no objections to the proposals. Network Rail had no objections subject to the previous conditions covering the protection of the adjacent railway line be retained with any amendment permission.

7. Representations

There were 3 letters of representation received. The material objections can be summarised as follows.

• Works should stop right away as people of Croy have endured and suffered the quarry works for too long. It has caused ill health in the village through air pollution and is destroying historic monuments such as the Antonine Wall and is destroying protected wildlife. The quarry should not be open at all as it was to be given back to the community in the form of a park for the people of Croy to benefit. The ongoing blasting is causing great animosity within the village and is having to endure further adverse effects. Croy Quarry has had enough blasting and it's now time to commence the regeneration process. The quarry operations have caused air noise and dust pollution over the last 18 years. The early working hours generate noise which disturbs local residents who also have ongoing concerns over potential damage from vibration caused by blasting operations. It is likely the operators plan is to continue extraction works requesting further extensions each year.

8. Planning Assessment

8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents.

8.2 Section 42 of the Act sets out that on receiving such an application, the planning authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, planning permission should be granted.

8.3 The current quarry operations were previously approved subject to conditions under the terms of planning permission 02/01449/MIN. This permission included a comprehensive range of planning conditions that were considered necessary to minimise the adverse impacts associated with the quarry development via the Review of Minerals Permission legislation. Condition 1 of the permission set the time limit for the agreed mineral extraction timescale until 20 March 2016. The operator now seeks permission to extend this extraction period until 31st December 2017 via the terms of section 42.

8.4 The continued extraction works would be contained within the previously approved phases 8, 9 and 10 and there would be no extension to the overall quarry site boundary and extraction rates and thus HGV movements would be reduced by 23% for the remaining extraction period..

Development Plan

8.5 As Kings Quarry has been operational for over 60 years, it is considered to be an established land use at the locus. The proposed extension to the extraction period by 21 months is not considered to be of strategic significance and the section 42 proposal may be assessed under the terms of the Adopted NLLP 2012.

8.6 Policy ED! 2 C (Promoting Economic Development and Infrastructure: Mineral Resources); Under this policy the Council's aim is to seek to satisfy market demand for minerals by directing proposals for construction minerals to extension areas within or adjacent to existing operations identified on the proposals map and in Schedule EDI2 C in the North Local Area Partnership Action Area Plans: Kings Quarry, Croy is identified in the Schedule EDI2 C for the Northern Local Area Partnership. As such the proposal to extend the extraction period would accord with Policy EDI 2 C.

8.7 Policy NBE 3A (Assessing Development in the Green Belt). It is considered that the continuation of the previously agreed minerals extraction period for a further 21 months would be continue to be in accordance with the terms of NBE 3 Al and the associated impact criteria set out under NBE 3 A2. The quarry development would continue to offer a positive economic benefit to the construction industry, and there are sufficient planning conditions that would be retained to ensure impacts on the environment are effectively mitigated. There would be no undue infrastructure implications and there is an established specific locational need due to the presence of hard rock reserves at this site. The extended extraction period would be for a limited period only and controlled within the existing extraction phasing plan and once completed would be subject to the previously approved quarry restoration scheme.

8.8 Policy NBE IBla (Frontiers of the Roman Empire (Antonine Wall) Word Heritage Site). Historic Environment Scotland (HES) had no objection to the proposal to extend the extraction period as they considered the proposals would have no further impact on this World Heritage Site (WHS) which is located to the north of the existing quarry development. 8.9 Policy NBE 1 Bib (Frontiers of the Roman Empire (Antonine Wall) Word Heritage Site Buffer Zones). HES had no objection as it was considered the proposals would have no further impact on the setting of the WHS.

8.10 Policy NBE 1A4a (Site of Importance for Nature Conservation). A designated SINC extends to the north and east of the existing quarry site boundary and NLC Greenspace had no objections to the proposals in terms of any additional impacts. The associated and previously approved quarry restoration scheme would be retained and implemented following completion of this additional extraction period and meet the aims of SPG.20 covering Biodiversity and Development Impacts.

8.11 Policy HCF 2 A2 (Sites for (Short Term) Housing Development (Additions to Housing Land Supply). The site boundary of the existing quarry now encompasses an area of land located near the quarry entrance gate but remains within the ownership of the applicant. Aggregate Industries have advised the site would not be developed as a housing site until the quarry works and restoration scheme are completed. The proposals therefore would not have an impact on this as yet undeveloped housing site.

8.12 Policy HCF I B2 (Town Parks and Community Parks). The quarry operators previously assisted with the construction of the new community centre and play/sports areas which now occupy this area of land.

8.13 DSP I (Amount of Development) The proposals would be considered acceptable under the terms of DSP 1 as the proposed extension relates to an existing hard rock quarry and would continue to contribute to the 10 year supply of minerals in the SDP area.

8.14 DSP 2 (Location of Development). The proposals would relate to an existing quarry and there would be no further extension to the existing site area.

8.15 DSP 3 (Impact of Development) The proposals would accord with the terms of DSP 3 as there would be no additional impacts on infrastructure and the proposed restoration scheme would be implemented under the terms of the previous legal agreement.

8.16 DSP 4 (Quality of Development). The proposed extension to the extraction timescales would be controlled via the extant planning conditions which are set out to minimise impacts on local sensitive receptors within the requirements of environmental regulations covering noise, dust, traffic movements, blasting associated with the quarry development. Therefore the proposals are acceptable under DSP4.

8.17 Consultation Responses: There was no objection raised by the consultees as noted at para.6.1 above.

8.18 Representations: With regard to the material terms of objection the following responses can be considered.

Whilst the quarry has been worked since the early 1950's, the mineral extraction works were subject to a comprehensive review under the Review of Old Minerals Permissions (ROMP) legislation. Subsequently, under the terms of planning permission 02/01449/MIN, the quarry operations were subject to comprehensive range of planning conditions which required the quarry operations to comply with up to date environmental regulations to ensure there would be no unacceptable impacts from noise, dust, vibration on sensitive receptors etc. It is considered this range of conditions have been effective in this regard and a quarry restoration scheme has been agreed which would form a recreational facility for the local community. Whilst the quarry site is located directly to the south of the Antonine Wall, there would be no further impact as confirmed by Historic Environment Scotland. The operator has also advised that the further extraction phase would assist with the site profile works associated with the agreed restoration scheme. It is therefore not agreed that the quarry operations should cease immediately as there would be benefits in terms of supplying rock to the local construction industry along with assisting in the final site profiles that would be required for the site restoration scheme. The blasting operations are subject to strict environmental controls and are monitored. Local residents are notified of the blasting works in advance of the blasting events by the operator. The restoration scheme would be implemented following completion of the extraction operations. Most quarry operations can cause air, noise and dust issues unless such impacts are appropriately controlled or effectively mitigated and it is considered that the quarry operations at Croy have been compliant with the terms of the conditional planning permission and environmental regulations. The quarry operator has confirmed that, if approved, the mineral extraction works would finally cease after 31st December 2017.

Whilst the terms of objection can be noted it is considered that they cannot be sustained in this instance.

9. Conclusions

9.1 The proposal to extend the period of mineral extraction until 31s' December 2017 is considered acceptable and is in accordance with the development plan. There would be a 23% reduction in the annual mineral production levels and corresponding reduction in HGV trips to and from the site. The quarry operation would continue to be subject to the existing planning conditions and regulatory controls and would also be subject to the previously approved restoration scheme and allow the quarry to provide a continued supply of rock to the local construction market and enable the quarry floor to be profiled to the previously agreed restoration scheme. There were no objections from the consultees. Whilst the proposals raised objections from three local residents, the terms of objection cannot be sustained or given sufficient weight to suggest the proposal should be refused under the terms of s42. Therefore it is recommended that planning permission be granted subject to the revised conditions set out above. Application No: Proposed Development:

16/00208/AMD Time Extension of further 3 years for commencement of Proposed Data Centre (Section 42 Variation to Conditions 2 and 3 o Planning Permission in Principle 12/01341/AMD) Site Address:

Site At Opencast Works Ballochney Road Plains

Date Registered:

9th February 2016

Applicant: Agent: Macrocom Turnberry Planning Ltd C/o Albert Bartlett And Sons Ltd 41−43 Maddox Street New Monkland 251 Stirling Road United Kingdom Airdrie Wi S 2PD Scotland ML6 7SP

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 007 No letter(s) of representation received. Alan Beveridge, Sophia Coyle, Thomas Morgan, Andrew Spowart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Whilst the Data Centre proposal is considered to be contrary to the policies of the adopted North Lanarkshire Local Plan 2012, the original decision taken by the Council to grant planning permission in principle 09/00865/PPP and 12/01341/AMD (on the basis of potential economic benefits accrued from such a development) retains sufficient weight to justify the further extension to time period to allow the proposed Data Centre development to start on site.

ProposedConditions:−That

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

The siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (C) the layout of the site, including all roads, footways, and parking areas; (d) the details of, timetable for, management and maintenance, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision of drainage works; (g) the disposal of sewage; (h) details of existing and proposed site levels; (i) ground conditions and any necessary remediation; (j) phasing of the development.

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

The site and premises shall be used solely as a data centre as defined in the Design Statement and for no other purposes; for the avoidance of doubt the site and premises shall not be used in whole or in part for industrial, business or storage and distribution uses (Classes 4, 5 and 6 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997).

Reason: For the avoidance of doubt; to direct industrial, business and storage and distribution uses to appropriately zoned sites; and to ensure that there is not an inappropriately high level of traffic on local rural roads.

3. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number AR48978(1)11 (Site Plan).

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

4. That notwithstanding the general terms of Condition 1 above, the application for approval of the matters covered by conditions shall reasonably accord with indicative plans AR48978( 1 )05A, AR48978( 1 )06B, AR48978( 1)08, AR48978( 1 )09A and AR48978( 1)12 with respect to the general layout, the maximum height of the buildings, the relationship of the buildings with the land form, land engineering and the extent of strategic landscaping, or such other scheme as may be deemed acceptable by the Planning Authority.

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

That there shall be a maximum of 40 employees at the approved data centre site unless an amended Transport Assessment is submitted covering the ability of local roads to cope with increased traffic levels and agreement is given in writing by the Planning Authority for increased employment levels.

Reason: In the interests of road safety by ensuring that there is not an inappropriately high level of traffic on local rural roads.

That notwithstanding the general terms of Condition 1 above, the landscape details of the application for approval of the matters covered by conditions shall include strategic landscaping, the integration of the landscaping into the general character of the area and the promotion of biodiversity. Reason: In the interests of the visual amenity of the area and of nature conservation.

That notwithstanding the general terms of Condition 1 above, the application for approval of the matters covered by conditions shall include: a) nature conservation surveys and enhancement proposals for the site and the general area, these shall include a peatland national vegetation classification survey (if the site impacts on peatland), an updated protected species surveys, a management plan for great crested newts, small pearl−bordered fritillary surveys, breeding and non−breeding bird surveys and habitat maps and reports; and b) walking and cycling access enhancement proposals for the site and the general area.

Reason: In the interests of nature conservation and of accessibility.

That notwithstanding the general terms of Condition 1 above, the application for approval of the matters covered by conditions shall include: a) a junction visibility assessment for the Ballochney Road! Dykehead Road and Dykehead Road! A73 junctions with the assessment covering safety and efficiency with regards the extra traffic from the proposed development and including any required remedial measures; b) a visibility splay of 4.5 metres by 160 metres, measured from the road channel, on both sides of the vehicular access; c) a construction phase transport assessment demonstrating that the surrounding road network is able to cope with construction traffic; d) the formation of a 2m wide footway on Ballochney Road along the western and northern frontages of the site; and e) the submission of a Travel Plan, that sets out proposals for reducing dependency on the private car and which shall identify measures to be implemented; the system of management, monitoring, review and reporting and the duration of the plan.

Reason: In the interests of road safety and in the interests of sustainable transport by encouraging employees to use non private car means of transport.

That notwithstanding the general terms of Condition 1 above, the application for approval of the matters covered by conditions shall include: a) the connection of foul drainage to the public sewer in accordance with the requirements of Scottish Water; b) the treatment of surface water in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in February 2007.

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

Consultation Responses:

Scottish Gas Network received 15th February 2016. Environmental Health (including Pollution Control) received 22 February 2016. The Coal Authority received 25 February 2016 Traffic & Transportation received 22 rid February 2016 National Grid Plant Protection received 22 ndFebruary 2016 Scottish Environment Protection Agency received 29h February 2016

Contact Information:

Any person wishing to inspect these documents should contact Mr Cohn Marshall at 01236 632497

Report Date:

4" April 2016 APPLICATION NO. 16/00208/AMD

REPORT

Site Description

1.1 The application site extends to some 66 hectares of reinstated former opencast land at Drumshangie to the north of Plains. The site lies within a plateau moorland landscape and consists of marsh, marshy grassland, broadleaf and coniferous plantation woodland, unimproved acid grassland, improved and semi improved grassland and bare land. There is a water body running east−west through the centre of the site.

1.2 The application site boundary incorporates part of Darngavil Road which leads between Plains and Greengairs villages.

1.3 The application site lies immediately to the south−east of a site for a proposed energy from waste incinerator plant (EfW) which was originally approved under planning permission 08/01023/FUL in May 2009 and subsequently amended under the terms of planning permission 12/01012/AMD issued on 13 December 2012. The proposed EFW waste incinerator development has not yet commenced at this site.

Proposed Development

2.1 Planning permission in principle (09/008651PPP) was originally granted on 3rd March 2010 for the construction of an eight building data centre (150,000 square metres in gross floor area) on 66 hectares of reinstated former opencast land at Drumshangie to the north of Plains. A data centre is described as a large collection of computer server rooms which contain off−site storage of digital information for organisations and businesses. This permission was subsequently amended under 12/01341/AMD which allowed a further 3 years for the Data Centre development to commence.

2.2 This application seeks permission to further extend the time period allowed to commence the development for a further 3 years. No other amendments are proposed at this stage.

2.3 The extant planning conditions 2 and 3 of PPP 12/01341/AMD that are subject to the proposed variations are set out below.

Condition 2: That within three years of the date of this permission, an application for approval of the matters, specified in Condition 1 above, shall be made to the Planning Authority.

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

Condition 3: That the development hereby permitted shall be started, either within 3 years of the date of this permission, or within 2 years of the date of which the last of the matters as specified in Condition 1 above are approved, whichever is the later.

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

3. Applicant's Supporting Information

3.1 The planning application is supported by an application form and drawings submitted under the terms of s42 of the Town and Country Planning Scotland Act 1997 (as amended). The application was also accompanied b a planning statement letter received from agents Turnberry Planning Ltd dated 29 January 2016 which sets out a further summary justification for the data centre development as follows;− The proposed data centre development forms part of the applicant's wider employment strategy for the Drumshangie area. Planning permission for a proposed 350,000 tonne Energy from Waste Plant (EfW) remains current until 2017 and the proposed Data Centre is accessed from this site. Currently, a planning application for a Potato Processing Plant to the north of the EfW site is currently under consideration by the council via planning application 15/01276/FUL, and the applicants envisage that this additional proposed development would further strengthen the employment uses at this location.

4. Site History

4.1 The previous planning permissions that relate directly to the application site are as follows.

• 09/00865/PPP Construction of Data Centre (In−Principle) Granted 16th October 2009 • 12/01341/AMD Time Extension for commencement of Proposed Data Centre (Section 42 Variation to Conditions 2 and 3 of Planning Permission 09/00865/PPP) Granted 20th March 2013

5. Development Plan

5.1 The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the North Lanarkshire Local Plan 2012.

6. Consultations

6.1 There were no objections from Scottish Gas, National Grid, The Coal Authority, NLC Roads Operations, NLC Protective Services or NLC Greenspace.

Representations

7.1 There were no letters of representation received.

Planning Assessment

8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents.

8.2 Section 42 of the Act sets out that on receiving such an application, the planning authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, planning permission should be granted.

8.3 The principle of developing this remote rural site for the purposes of a large scale Data Centre was originally granted planning permission in principle (PPP) on the basis that it constituted an acceptable departure to the terms of the former development plan which at that time included the former Glasgow and Clyde Valley Joint Structure Plan 2006 and Monklands District Local Plan 1991. The council decided (at that time) that the economic benefits to North Lanarkshire from the proposed development could not be guaranteed to the area if the application were refused and that this material consideration outweighed the opposing terms of the former development plan policies. 8.4 The extant PPP for the proposed Data Centre was renewed under the terms of the amended planning permission in principle 12/01341/AMD to allow a further 3 years for the Data Centre to be constructed at Drumshangie. The following factors (set out in support of the preceding planning application 12/01012/AMD) are still considered material to consideration of the data centre development at this specific location.

• The current planning permission in principle as amended is extant and is therefore a material consideration that must be afforded due weight in the determination of this application. • The council has already confirmed that the data centre development is an acceptable use in terms of the Rural Investment Area policy. • The proposed Data Centre is inextricably linked to the consented EfW Plant in terms of energy synergy use. It is envisaged that the EfW Plant (once constructed) would export energy to the proposed Data Centre via the required Combined Heat and Power infrastructure associated with this waste management development. • Proximity to Fibre Optics • Area of land/character involved • Security • Appropriate Services/Access • Limited Visual Impact • Ground Conditions (Cooling) • Employment (30−40 new full time jobs of varying skills) • Local Investment

8.5 Whilst the Data Centre development has still not been constructed, the applicant now seeks a further time extension to enable the development to commence.

8.6 It is considered in this instance that the previous reasoned justification and decision taken by the council should sustain sufficient weight to allow the terms of the existing extant permission (as amended) to be renewed again through the respective proposed variations to conditions 2 and 3. The proposed variations would allow an additional 3 years for the submission of a further detailed (MSC) application which in turn (if approved) would allow a further 2 years for the proposed Data Centre development to actually commence on site. The effect of this amended proposal would be to allow the applicant an additional 5 years for the Data Centre to commence construction on site, ie before 24th April 2021.

8.7 The other extant planning conditions set out under the terms of extant planning permission in principle 12/01341/AMD are still considered relevant and would be retained and applied to any amended permission.

9. Conclusions

9.1 The principle of developing this remote rural site for the purposes of a Data Centre was previously granted planning permission in principle on the basis that the economic benefits to North Lanarkshire of the proposed development could not be guaranteed to the area if the application were refused. This material consideration was considered by the council to outweigh the opposing terms of the former development plan.

9.2 Whilst the Data Centre outline proposal is considered to be contrary to the policies of the current North Lanarkshire Local Plan 2012, the previous decision taken by the council to grant planning permission 09/00865/PPP on the basis of economic benefit and then renewed under 12/01341/AMD should (on this occasion) retain sufficient weight and to justify the proposed variation to conditions 2 and 3 thereby allowing additional time for the proposed Data Centre development to start on site. This updated planning permission in principle (as amended) would also require the developer to submit a further detailed planning application (MSC) to the Council within the next 3 years with an additional 2 years allowed to commence the proposed Data Centre development.

9.4 Extant conditions 2 and 3 of PPP 12/01341/AMD would be replaced with the statutory advisory note included with the Decision Notice as required under the provisions of Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006

The length of the permission: That in accordance with the provisions of Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 the development hereby permitted shall be started, either within three years of the date of this permission, or within two years of the date on which the last of the matters specified by condition are approved, whichever is the later.

2. Further application: That in accordance with the provisions of Section 59 of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 within three years of the date of this permission, an application for approval of the matters, specified in Condition 1 of this permission shall be made to the Planning Authority.

9.5 The other extant planning conditions set out under the terms of planning permission 12/01341/AMD are still considered relevant and would be retained to this amended planning permission in principle.

9.3 It is therefore recommended that the proposed variations to planning conditions 2 and 3 of the extant planning permission in principle 12/01341/AMD be approved subject to the revised list of planning conditions as set out above in accordance with the requirements of section 42 of the Act. Application No: Proposed Development:

1 6/00377/FUL Change of Use From Hotel (Class 7) to Residential Training Centre (Class 8) Site Address:

The Old Mill Hotel 42 Braidhurst Street Lanarkshire MI−1 1HJ

Date Registered:

22nd February 2016

Applicant: Agent: Betel UK Adrian Smiith Windmill House Muir Smith Evans Weatheroak Hill 203 Bath Street Alvech u rch Glasgow Birmingham Uk UK G2 4HZ B48 7EA

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 017 Motherwell North 154 representations received. 55 Shahid Farooq, Helen McKenna, Peter Nolan, Pat Objection Comments, 99 Supporting O'Rourke, Comments and 1 Petition with 330 Signatures (Object)

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria of the policies contained within the North Lanarkshire Local Plan 2012 and will result in safeguarding of this 'C' Listed building and re−use of the site in the future through the implementation of the proposed residential training centre.

ProposedConditions:−That

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

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

2. This permission is for the change of use from a hotel to residential training centre only. Any alterations to the property may require Listed Building Consent. Therefore prior to any development taking place details shall be submitted to the Planning Authority for written clarification.

Reason: In the interests of the character and visual amenity of the Listed Building

Background Papers:

Consultation Responses:

Traffic & Transportation − Received 10/03/16 Environmental Health (including Pollution Control) − Received 01/03/16 The Coal Authority − Received 11/03/16 NLC Greenspace − Received 06/04/16

Contact Information:

Any person wishing to inspect these documents should contact Mr Gary McEwan at 01236 632500

Report Date:

30th March 2016 APPLICATION NO. 16100377/FUL

REPORT

1. Site Description

1.1 Situated on the southern bank of the South Calder River to the north east of Motherwell and incorporating a large weir and watercourse is the former Motherwell Mill. The property is bounded to the east and south by the South Calder River, to the west by a steep bank and residential properties (approximately 50m from Mill building to nearest residential property) and to the northwest by recreation ground. The property is accessed from Motherwell via Mill Road, which becomes Riverside Walk at its northern end. The building dates from the 1880s and was in use until 1964 when it was left abandoned. The building was 'B' listed in 1971 and at the time of listing it was noted that all of the mill machinery and fittings remained. The building was subsequently bought and converted into a hotel in 1978 when major alterations took place including removal of most of the interior details (although the Mill Wheel and related machinery remains). A later re−assessment by Historic Scotland resulted in its re−classification to 'C' due to works carried out since original listing. The hotel recently ceased operating and has been purchased by Betel UK.

2. Proposed Development

2.1 The proposal involves a change of use from Class 7 (Hotels and hostels) to Class 8 (Residential institutions). No internal or external alterations are proposed at this time.

3. Applicant's Supporting Information

3.1 The applicant has provided a Planning Statement to accompany the proposal. The planning statement provides details about the applicant, Betel UK, which is a charity that provides residential accommodation and training to alcoholics, drug addicts and homeless people with the aim of restoring them to healthy independent lifestyles. They indicate that the charity was formed in Birmingham in 1996, although Betel UK forms part of a larger worldwide organisation Betel International (Established 1985). Since 1996 similar centres have been introduced in Nottingham, Derby, Watford, Manchester, Hexham and Dublin. Establishment of the centre in Motherwell is part of the charity's commitment to providing residential accommodation and training in all major population centres in the country.

3.2 The applicants suggest that given the previous use the property is ideally suited to a residential centre with bedrooms for residents, manager's accommodation and public areas that can be used for various activities without alteration. The Betel community leaders responsible for the centre would occupy the Managers house located at the south end of the building range providing 24 hour on−site management and supervision. It is indicated that in−keeping with existing Betel operations elsewhere, the proposed new use of the Old Mill will provide residential accommodation in a friendly, supportive home environment together with training and involvement in the project's related businesses of landscape gardening and furniture restoration. They enter and leave voluntarily and while there is a recommended commitment to a 12−18 month stay, they are free to stay for as long as they wish. It is anticipated that the Old Mill Centre will eventually provide accommodation and training for up to 26 people including the staff family.

3.3 It is proposed that the buildings will be refurbished as required over time, however at this stage there are no proposed alterations that require either planning permission or listed building consent. Where any refurbishment works may require either planning permission or listed building consent these will be discussed at an early stage with the Council and subject to requisite applications.

3.4 In addition to the Planning Statement submitted, discussed in paragraphs 3.1−3.3 above, the applicant has also submitted a detailed document in response to the comments of objection (paragraph 7.1).

4. Site History

4.1 Recent planning history includes applications 03/00087I1_13C Conversion Of Basement To Public Bar And Associated Internal And External Alterations, 04/01517/FUL Change of Use from Dwellinghouse to Hotel Accommodation and 04/01518/LBC Conversion of Dwellinghouse to Provide 3 No Additional Hotel Bedrooms.

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 as HCF 1 B2 and NBE 3 A, (Community Parks within the Green Belt) within the adopted North Lanarkshire Local Plan 2012. DSP 4 (Quality of Development), NBE 1A (Sites of Importance for Nature conservation) and NBE 1 132c and NBE 2 B3 (Listed Buildings) are also of relevance to the proposal.

6. Consultations

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

i. Pollution Control has no objections to the proposal. ii. The Coal Authority commented that while the development falls within the defined Development High Risk Area the planning application is either for an application type or the nature of development which is listed as exempt from the requirement (under Section 3.3 of The Coal Authority's Resources for Local Planning Authorities, version 2, 2013) and accordingly there is no requirement for further consultation. iii. Traffic and Transportation have indicated that a development of this nature would normally require parking provision of 1 space per 2 staff and 1 space per 2.5 beds. Parking bay dimension should be 2.5m wide by 5.Om long and an aisle width of 6.Om to be provided throughout the area to achieve practicality of manoeuvres to and from the bay and to achieve unobstructed two way traffic. As long as the applicant can demonstrate that the parking provision can be achieved then Roads Operations would have no objection. iv. NLC Greenspace has no objections to the proposal.

7. Representations

7.1 Following the carrying out of the neighbour notification process and an advert in the local press 154 representations were received and one petition (objection) with 330 signatures. There were 55 objection comments and 99 supporting comments. The objection comments and supporting comments can be summarised as follows:

Objection comments: i. Location − Wrong location for facility like this. It is inappropriate for a residential area with a lot of children living in it, close to two primary schools, one of which is a primary with children with disabilities. This type of property should be located in a non residential area. The Old Mill Hotel should instead be used as a community facility to benefit children and/or the elderly. ii. Monitoring and Regulation − Concern that organisation is not properly monitored or regulated. iii. Safety, Anti−social Behaviour and Police − The proposed use could result in noise and antisocial behaviour which will increase the workload of local police and will also have a negative impact on privacy. A children's home within the area which resulted in anti−social behaviour, drug problems, violence and vandalism was eventually closed and remains derelict. iv. Neighbour Notification − The 20m boundary for notifying neighbours is unsatisfactory. By issuing only 1 letter, the proposal could have been passed without local awareness. V. People In and Works Going on − work has commenced on site without planning permission vi. Road Safety − The proposal will increase traffic and have a negative impact on road safety (particularly safety of children). vii. Business − Betel speak of landscape gardening, opening up a shop and a cafe, however it is considered that enough of these businesses exist at present which provide jobs for the local community. viii. Local Representations Only − People down south who support the proposal should have no say in the matter as it does not affect them. Supporters or objectors should only be from the Motherwell area. ix. Property values/Home Insurance − Proposal will have negative impact on property values and insurance rates. longMotherwell−term Times article − The Betel website indicates that "Betel's mission is to bring freedom and restoration to lives broken by drug and alcohol abuse." The Motherwell Times Newspaper indicates that the facility will help the homeless. This is very misleading and could potentially sway members of the public to agree to the proposal. This is false advertisement and will be brought up if the proposal is accepted. Also looking at Betel in greater depth it appears to be more of a cult than a charity.

Supporting Comments: i. Restoration and Maintenance of Mill − The Old Mill is run down and Betel will restore and maintain the Old Mill, will put the property to good use, keep the surrounding grounds clean, and keep it looked after. ii. Reputation and Experience − Betel is a well run organisation, which helps transform lives, restore families and has a good reputation. Betel also seeks to be a positive benefit and good neighbour to the surrounding community. iii. Betel Drug, Alcohol and Smoke Free Policy − Betel is substance free and the operation would be strictly controlled. iv. Noise and Disturbance − The use of the Old Mill as a recovery centre would produce less noise and disruption than the hotel which probably had late night parties/celebrations. V. Respect for Local Community − Betel seek to respect the local community and build links, whilst ensuring that local concerns are considered in decisions made. vi. Accountability − Newer Betel residents are always in pairs or small teams off site to provide accountability and avoid any concerns. Residents wanting to leave are escorted out of and away from town. vii. Businesses and Benefits − Furniture restoration and landscape gardening businesses which the charity runs as part of the training offered to Betel residents mean that local businesses will benefit from their custom and Motherwell residents will benefit from their affordable, reputable services. viii. Traffic − Given that the Betel community travel mostly communally in minibuses, there will be arguably less traffic than if used as a hotel. ix. Cult − The charity is not a cult, but has endorsements from prominent Churchmen X. Testimonies − Alongside the above comments a number of testimonies have been provided by a range of people including former residents, family members of former residents, people who have worked for, or with Betel in joint enterprises, volunteers who have first−hand experience of these centres as well as from neighbours of these centres.

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 proposal is not considered to be strategic in nature, therefore the application can be assessed in terms of the local plan policies.

Development Plan: North Lanarkshire local plan:

8.2 The site falls within an area covered jointly by policies HCF 1 B2 and NBE 3 A, (Community Parks within the Green Belt). Policy HCF 1 B2 indicates that the Council will maintain community well−being in residential areas by protecting community facilities. While covered by this policy in the NLLP Proposal Map, the Old Mill and its surrounding grounds are clearly not a community facility; therefore this policy is not relevant to the current proposal. NBE 3 A indicates that the Council will protect the Green Belt character and restrict development to acceptable types that conform to a list of criteria. Given that the proposal is for a change of use only and that no new development is proposed NBE 3 A4 is the most relevant section of the policy. This indicates assessment criteria relating to proposals to restore, renovate and convert redundant buildings in the Green Belt. The criteria indicates that: the existing building should be of vernacular interest with external walls and roof substantially complete; development will not lead to effective demolition and reconstruction; the building is no longer capable of reasonably beneficial use for the purpose for which it was designed, or last used and can accommodate the proposed conversion; and finally that the proposed use will be compatible with its location and adjoining uses. In consideration of the criteria it is accepted that the building can no longer reasonably be expected to be used as a working mill and while another owner could have another go as a hotel, the change of use to residential training centre is not considered an unacceptable change of use given that very little in the way of alterations will be required for this use and that the proposed use would be unlikely to cause any more noise or disruption to the surrounding green belt or neighbouring residential dwellings than at present. It is therefore considered that the proposed change of use is in accordance with policies HCF 1 B2 and NBE 3 A.

8.3 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 (among other things) that the historic environment will be safeguarded or enhanced, developments will demonstrate that they are safe for road users and adequate parking is provided, that they integrate successfully into the local area avoiding harm to the neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties through loss of privacy amenity or disturbance. The proposal will bring back into use a Category 'C' listed property therefore the property will be safeguarded (and potentially enhanced in the future). While it is acknowledged that it may not be possible to achieve the parking standards identified by the Council's Traffic and Transportation section within the site, it is not considered that the change of use to the residential training centre would require more parking than the current hotel use particularly given that residents would be picked up when they arrive and dropped off when they leave eliminating the need for resident parking spaces. It is also indicated that the Betel staff would live in the property and that all of the residents including the staff travel by minibus, therefore it is likely that the only parking which would be required would be for the mini−bus, any work vehicle relating to furniture or landscaping businesses and visitor parking. Given that no alterations are currently proposed and the current use is a hotel it is not considered that the proposed use would be likely to have any greater impact on privacy, amenity or disturbance. It is therefore considered that the proposed change of use is in accordance with policy DSP 4 (Quality of Development).

8.4 The NLLP also requires such developments to be assessed against policies NBE 1A (Sites of Importance for Nature conservation) and NBE 1 132c and NBE 2 B3 (Listed Buildings). Policy NBE 1A states that the Council will safeguard such sites of importance for nature conservation. Policies NBE 1 132c and NBE 2 B3 relate to listed buildings and indicate that development should avoid causing harm to the character or setting of such resources and that planning permission for such sites will only be granted where the character and appearance of the site and its setting is preserved or enhanced. Given that the proposal is for a change of use only and no development is proposed it is considered that the proposal would have no significant impact on the adjacent SINC and would have no significant negative impact on the character or special interest of the property or its setting. It will also bring a vacant listed building back into use halting further deterioration. It is therefore considered that the proposed change of use is in accordance with policies NBE 1A, NBE 1 132c and NBE 2 B3.

8.5 Consultations In relation to Traffic and Transportation comments, it is considered unlikely that the level of off street parking indicated could be achieved within the site. However it is considered that the Old Mill currently has insufficient parking for its use as a hotel. It is not considered that the proposed use would require any more parking than the current use. In fact given the details indicated in paragraph 8.3 above it is considered that the proposed use would likely require less parking than the hotel would.

8.6 Representations The following comments are made in respect of the issues raised in the representations:

Objection Comments: i. Location − The Planning Authority is required to determine applications as they are submitted and have no control over the location of such proposals. The application has been assessed against local plan policy and it is considered that the proposed use would be unlikely to have a greater negative impact on its local than the current use as a hotel. iii. Monitoring and Regulation − It is not within the remit or expertise of planning to assess the suitability of the applicant for such a use. iii. Safety, Anti Social Behaviour and Police − Any future instances of anti−social behaviour as a result of the proposal is purely a police matter and not within the remit of planning. iv. Neighbour Notification − The Scottish Government has determined that neighbours within 20m of an application site will be notified by letter. Only one neighbouring property is located within 20m of the boundary of the application site, therefore only one neighbour was notified. However the proposal was also advertised in the Motherwell Times Newspaper. V. People In and Works Going on − While the application for change of use has not been determined, this does not preclude the owners from doing maintenance and repair works to the property provided that listed building consent would not be required. A site visit was conducted on 24/03/16 and it was determined that none of the works already conducted have impacted the character of the listed building or required listed building consent. The applicants are well aware of their responsibility given its listed status and know that they must keep the Planning Authority aware of any alterations they plan to carry out. Vi. Road safety − Going by the details submitted in the Planning Statement the proposal will likely generate less traffic than the hotel use. Vii. Business − The number of businesses within a particular area providing a similar service and issues relating to competition are not material planning considerations. Viii. Local representations Only − The Planning Process is designed to be open and inclusive. Everyone is free to comment on planning applications. ix. Property Values! Home Insurance − Impacts of proposals on house prices or on home insurance are not material planning considerations. X. Motherwell Times Article − The content of a newspaper article is not material to the assessment of the application.

Supporting Comments: i. Restoration and Maintenance of Mill − The restoration and maintenance of the mill is welcomed. ii. Reputation and Experience − No further comment. iii. Betel Drug, Alcohol and Smoke Free Policy − No further comment. iv. Noise and Disturbance − No further comment. V. Respect for Local Community − No further comment. Vi. Accountability − No further comment. Vii. Businesses and Benefits − No further comment. Viii. Traffic − No further comment. ix. Cult − No further comment. X. Testimonies − No further comment. 9. Conclusions

In conclusion it is considered that the proposed change of use from hotel to residential training centre is acceptable when considered against the relevant policies of the North Lanarkshire Local Plan 2012 in that it would have no significant detrimental impact upon the site or surrounding area and will safeguard a vacant 'C' listed local landmark by bringing it back into use. It is recommended that permission be granted subject to conditions.