n AeENDA ITEM No.---&....- Application No: Proposed Development: 10/01397/FUL Construction of 50 Residential Properties (including 12 cottage flats and 2 wheelchair accessible houses) Site Address: Land To The North Of St Ives Road Moodiesbu rn Date Registered: 22nd December 2010 Applicant: Agent: North Lanarkshire Council Ogilvie Construction Ltd Dalziel Building Ogilvie House 7 Scott Street Pirnhall Business Park Motherwell Stirling MLI 1PF FK7 8ES Application Level: Contrary to Development Plan: Major Application Yes Ward: Representations: 005 Strathkelvin 165 letters of representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey, Recommendation: Approve Subject to Conditions Reasoned Justification: The proposals are considered to be an acceptable departure from the terms of the development plan and whilst the development would result in the loss of an area of public open space/greenfield land it is considered that the benefits offered in enabling the provision of a development of 50 sociaVrented accommodation outweigh the loss of a substandard open space area. Note to Council: As the site is under the ownership of the Council and the application is deemed significantly contrary to the Northern Corridor Local Plan 2005, the application must be notified to Scottish Ministers in line with the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009. Proposed Conditions:. 1. That the development hereby permitted shall be started within three years of the date of this permission. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006. 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- GR-L(20)001, GR-L(20)002, GR-L(20)003, GR-L(20)004, GR-L(20)005 G, GR-L(20)006, GR-L(20)007 C, GR-L(20)008, GR-L(20)010 B, GR-L(20)011 B, GR-L(20)012 B, GR-L(20)013 B, GR-L(20)014 B, GR-L(20)016 A, GR-L(20)020, GR-L(20)021, GR-L(20)022, GR-L(20)023, GR-L(20)024, GR-L(20)025, GR-L(20)026, GR-L(20)030 GR-L(20)031 A, GR-L(20)032 A, GR-L(20)033 A, GR-L(20)035, GR-L(20)036, and GR-L(20)037. Reason: To clarify the drawings on which this approval of permission is founded. 3. That before any aspect of the development starts, full details of existing and proposed levels, including levels on immediately adjacent land, shall be submitted to, and approved in writing by the Planning Authority. Reason: In the interests of amenity by ensuring that levels are appropriate for the site and for the general area. 4. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority. Reason: In the interests of amenity by ensuring that external materials are appropriate for the site and for the general area. 5. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and for the general area. 6. That before any aspect of the development starts, a scheme of landscaping for the development area shall be submitted to, and approved in writing by the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding, turfing and footpath link provision; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) provide for the retention and upgrade of the existing footpath through the site and full details of the upgrade works to this path shall be submitted along with details of the new connections to this footpath (e) details of the phasing of these works. Reason: In the interests of amenity by ensuring that landscaping is suitable for the site and the general area. 7. That within one year of the occupation of the last dwellinghouse within the development site (or such other timescale as is approved under condition 6), all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of amenity by ensuring that landscaping is suitable for the site and the general area. 8. That before any aspect of the development starts a management and maintenance scheme for landscaped areas and footpaths within the development area shall be submitted to, and approved in writing by the Planning Authority and this scheme shall be brought into operation prior to the first dwellinghouse within the development area being occupied. Reason: In the interests of residential and public amenity. 9. That before any aspect of the development starts, full details of the proposed surface and foul water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater. 10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 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. 11. That except as may be otherwise approved in writing by the Planning Authority the development shall be connected to the foul sewer network via a new length of sewer running along Gartferry Road to the combined sewer located in Gartferry Road at the junction with Glenmanor Avenue. Reason: To ensure that there is satisfactory drainage provision. 12. That no aspect of the development shall start, unless otherwise agreed in writing by the Planning Authority, until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage scheme for the site. Reason: To ensure that there is satisfactory drainage provision. 13. That, unless otherwise agreed in writing by the Planning Authority, before development starts on plots 1-16 and 45-50,a flood risk assessment for the site shall be submitted to and approved in writing by the Planning Authority. Reason: To ensure that the development will not be subject to unacceptable flood risk and will not increase flood risk outwith the site. 14. That any flood risk mitigation measures approved under condition 13 above shall be incorporated into the development proposals; for the avoidance of doubt this permission does not cover the layout specified in plan GR/L(20)005G should any approved flood risk mitigation measures indicate an alternative scheme. Reason: To ensure that the development will not be subject to unacceptable flood risk and will not increase flood risk outwith the site. 15. That before any aspect of the development starts details of public access routes across or adjacent to the site during construction shall be submitted to and approved in writing by the Planning Authority; thereafter any approved public access routes shall be kept open in accordance with the approved scheme. Reason: To enable the Planning Authority to consider these aspects in detail, in the interests of public access. 16. That before any aspect of the development starts a comprehensive site investigation (carried out in accordance with British Standard Code of Practice BS 10175: 2001 "The Investigation of Potentially Contaminated Sites") shall be submitted to and approved in writing by the Planning Authority; any approved mitigation measures shall be incorporated into the development proposals and any approved ground remediation work shall be completed and verification provided by the developer to the satisfaction of the Planning Authority before building works start. Reason: In the interests of public health, safety and wellbeing. 17. That before the development hereby permitted starts a detailed written statement should be provided that confirms the suitability of the priority junction in terms of safety and efficiency and that the proposed right turn ghost island facility can be provided in accordance with current roads standards. Reason: In the interests of Road Safety 18. That before development hereby permitted starts written confirmation shall be submitted to the Planning Authority that the following requirements of the Roads Authority (or such other scheme as may be agreed in writing) have been complied with: a) Visibility splays of 9 metres x 90 metres is required from the proposed road along Gartferry Road in both directions b) the proposed roads should be 5.5 metres wide, curve road widening will be required on the bend adjacent to Plot No.