AGENDA ITEM No._____ ~ 2 ~l.n_-_-__ .."-, North Lanarkshire Council Planning Applications for consideration of Planning and Transportation Committee Committee Date : 8 October 2009 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 8'h October 2009 Page Application No. Applicant DevelopmentlLocus Recommendation No 4 N/09/00789/FUL British Railway lnfill Cutting Below Railway Grant Board (Residuary) Bridge (for Structural Ltd Support) and Formation of By-pass Footpath Bridge KBE/I 0 Banton Road Banton 13 N1091008501FUL Police And Construction of Four Storey Grant Community Safety Office Building Gartcosh Crime Campus Former Steel Works Auldyards Road Ga rtcosh 22 N/09/00871/PPP The Georgian Construction of Residential Refuse Finance Company and Nursing Home Ltd Development (In principle) Land South Of 30 Burniebrae Road Chapelhall 30 N/09/00936/PPP DRM Building Sub-Division of Existing Grant Renovations Ltd House and Erection of Detached House (In principle) 26 Station Road Mui rhead 39 N/09/00962/FUL North Lanarkshire Construction of 60 Space Grant Council Car Park Dunrobin Primary School Petersburn Road Petersburn Ai rdrie 46 S/08/01115/FUL Ms Elizabeth Baister Construction of Two Semi Grant Detached Dwellinghouses Land East Of 272/274, Bonkle Road, Newmains 56 S/09/00627/FUL David Wilson Homes Erection of 27 Terraced and Grant (P) Semi-Detached Dwellinghouses Land at New Craig Road Motherwell 66 S/09/00641/AMD David Wilson Homes Amendment to Planning Grant (P) Consent S/07/01188/REM Incorporating Amended Housetypes and Additional 16 Dwellinghouses New Craig Road Motherwell 75 S/09/00758/FUL Dawn Homes Erection of Residential Grant (P) Development Comprising of 130 Dwellings and Associated Roads Land at Castlehill Road, Gowkthrapple, Wishaw 84 S/09/00774/MSC Profogis Erection of 46,783 sqm Grant (Gross WarehouselDistribution Unit (Class 6) with Associated Landscaping, Parking and Access Land South West Of Jct 6 M8, Edinburgh Road, Newhouse 94 S/09/00946/FUL Mr Walker Erection of Single Storey Refuse Dwellinghouse Land West of 16 Holytown Road, Holytown S/09/00627/FUL - If granted, refer to Scottish Ministers (Health and Safety Objection) S/09/00641/AMD - If granted, refer to Scottish Ministers (Health and Safety Objection) S/09/00758/FUL- If granted, Section 75 Agreement required (Financial Contribution of f65,000 (f500 per dwellinghouse) for the improvement /installation of off-site play facilities and other programmes associated with the Regeneratin of Gowkthrapple) Application No: Proposed Development: N1091007891FUL lnfill Cutting Below Railway Bridge (for Structural Support) and Formation of By-pass Footpath Site Address: Bridge KBE/IO Banton Road Banton North Lanarkshire Date Registered: 16th July 2009 Applicant: Agent: British Railway Board (Residuary) Ltd Jacobs UK Ltd Hudson House 1st Floor, Northern House Toft Green 7-9 7-9 Rougier Street York York City Centre YO1 6HP York YO1 6HZ Application Level: Contrary to Development Plan: Local Application No Ward: Representations: 001 Kilsyth 2 letters of representation received. Mark Griffin, Jean Jones, David Key, Recommendation: Approve Subject to Conditions Reasoned Justification: The strengthening of the bridge is important for the local community. It is recognised that there are compelling structural, financial and maintenance advantages to the applicants and to North Lanarkshire Council from the proposed bridge strengthening infill option. The current proposal for diversion footpaths is a negotiated improvement to the previously proposed bridge infill operation which was refused planning permission because no such diversion was proposed. Proposed Conditions:- 1. That the development hereby permitted shall be started within three years of the date of this permission. Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- J241 IO/KBE10/0001, 0002, 0003 and 0004 Reason: To clarify the drawings on which this approval of permission is founded. 3. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any grass seeding and turfing; (b) a scheme of any tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) 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 ensure that there is effective landscaping which is appropriate for the site and the general area. 4. That all works included in the scheme of landscaping and planting, approved under the terms of condition 4 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 that there is effective landscaping which is appropriate for the site and the general area. 5. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths; (b) the proposed grassed, planted and landscaped areas. Reason: To ensure that there is effective management and maintenance of landscaping and footpaths. 6. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation. Reason: To ensure that there is effective management and maintenance of landscaping and footpaths. 7. That no bridge infill works shall take place and the existing footpath shall not be closed until a) a formal right of way diversion order is in place and b) the diversion footpaths are formed; the road warning signs shall be installed prior to any diversion footpath usage; all works shall be in accordance with the approved plans. Reason: In the interests of accessibility and road safety by ensuring that there is continued footpath availability and that warning signs are in place prior to diversion footpath usage. 8. That prior to works commencing the recommendations of the Jacobs Ecological Assessment shall be complied with in respect of carrying out a detailed search by a competent person for bats and removing any vegetation outwith the nesting season that may be used by nesting birds. Reason: In the interests of local ecology. 9. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority. Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. 10. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. Backnround Paoers: Representation Letters Letter from Banton & Kelvinhead Community Council, [email protected] received 2nd September 2009. Letter from Friends of the Kelvin Valley Park, Clo Paul Carter, Secretary And Editor, Woodlinn, High Banton, Kilsyth, G65 ORA received 2nd September 2009. Consultation Responses: Letter from Scottish Water (Glasgow) received 28'h July 2009 Memo from Traffic & Transportation (Northern Area) received 8'h July 2009 Memo from Environmental Health (including Pollution Control) received 28'h August 2009 Memo from Countryside and Landscape received 24'h June 2009 Contact Information: Any person wishing to inspect these documents should contact Martin Dean at 01236 6 16466. Report Date: 30th September 2009 APPLICATION NO. N/09/00789/FUL REPORT 1. Site Description 1.1 The former railway line cutting at Banton Road, to the west of Banton, is open and allows for recreational access for well shod persons. It is a right of way (claimed) as identified in the Council’s Catalogue of Rights of Way and is a proposed core footpath as specified in the North Lanarkshire Council’s Draft Core Path Plan (published in February 2008). 2. Proposed Development 2.1 The application is for the infilling of the cutting below the former railway overbridge at Banton Road, by Banton. The purpose of the infill is to provide structural support for a weak bridge with a weight limit of 3 tons. The proposed infill will allow the weight limit to not only meet the British Railway Board (Residuary) Ltd’s objective of 24 tons but will also meet the North Lanarkshire Council desire for a 40 ton limit. Also proposed are diversion footpaths and a cattle crossing round the proposed infill obstruction. 3. ARRliCant’S Supporting Information 3.1 Various options have been looked into through the previous planning application to try and find a solution which provides improved bridge strengthening but does not block the right of way/ proposed core footpath. The applicants have commented as follows on such options. 0 “Full superstructure replacement Demolition of the existing bridge deck and full replacement to current design standards including any required works to the abutments would allow footpath creation but at additional cost to the applicant (and North Lanarkshire Council) including future maintenance and further liabilities. 0 Propping of the superstructure beneath Installing large props vertical or inclined to the superstructure would increase the load capacity of the deck. However this method would also restrict the proposed core path and expose the public to engineering works.